CCA Requests non compliance, what next?

[pt2537]

hi lihl,Yep, well nearly, my complaint is with Trading Standards and the Information Commissioners Office

im going for default removal based upon the view that firstly my credit file refers expressly to the fact that i have failed to keep to my credit agreement and since no credit agreement exsists i cannot concievably have failed to keep to it. therefore the info on my credit file is inaccurate and not in compliance with the Data Protection Act 1998

[lihi]

hi lihl,Yep, well nearly, my complaint is with Trading Standards and the Information Commissioners Office

im going for default removal based upon the view that firstly my credit file refers expressly to the fact that i have failed to keep to my credit agreement and since no credit agreement exsists i cannot concievablt have failed ot keep to it. therefore the info on my credit file is inaccurate and not in compliance with the Data Protection Act 1998

 

If my route fails I promise to steal your literature file, photocopy every single last letter (and then return the file of course).

[blueeyedboy1980]

sounds like i could do with stealing....erm...borrowing said file . lol

[reduk054]

Blue, sounds like you have had some great advice!

Wish you well with this, and will keep an eye on your thread to see how you get/ are getting on!

Red

[iwannaclearmydebts]

PT I know is currently dealing with the oft (I think) regarding defaults on unenforceable debt and has excellent and interesting views, I am going down the route of the link included Remove Default Notices on a Credit File - We show you how for removal of defaults.

 

Hi lihi/all,

 

Sorry to barge in on the thread.

 

I have a quick question..

 

I've looked at the link above and was wondering if default removal is worthwhile trying for if the debt (without CCA after usual time scale) is not 'satisfied' as the example used is for a 'satisfied' debt?

 

If that makes sense?

 

Thanks in advance,

 

iwcmd.

[blueeyedboy1980]

Well, the letter that i was hoping would never arrive has just dropped on my doormat. £10k credit card final notice telling me they are going to take me to court for a judgement. it is blair oliver and scott or halifax and they have NOT complied with the CCA request sent on september 6th. any advice please. looks like i am at the business end of fighting this now.

[pt2537]

Hi lihi/all,

 

Sorry to barge in on the thread.

 

I have a quick question..

 

I've looked at the link above and was wondering if default removal is worthwhile trying for if the debt (without CCA after usual time scale) is not 'satisfied' as the example used is for a 'satisfied' debt?

 

Yes it does make sense, IMHO, anything is worth a try

 

the fact that this procedure relates to a satisfied debt is fairly irrelevant and the letters are adaptable to suit your circumstance.

 

a default on your credit file is just as damaging in my opinion as a CCJ so any chance you have to remove them is worth taking

 

if you need any help with this, start your own thread or post a link to it if you already have and there are many people on here who can offer you help and advice

 

regards

 

paul

 

If that makes sense?

 

Thanks in advance,

 

iwcmd.

...

[Penfold92]

Hi guys,

 

Now to add to this thread and debate...pt has mentioned that the link applied to a satisfied debt, well the reactions I have been getting from my crditors regarding settled debts is they do not need to keep the agreement as the debt is satisfied...

 

So are you guys saying that unless they keep the agreement they cannot enforce data processing? I am really confused now as I though the link refered to a chased debt. That would make far more sense to me. If the debt is settled then sure they can argue you paid up so why are you looking for the agreeement now?

 

Just another angle and I am interested in this as I have loads of "satisfied" defaults where the creditors do not hold the CCA anymore.

 

Thanks,

 

Penfold

[blueeyedboy1980]

could i get an answer to my last question please?

[Penfold92]

could i get an answer to my last question please?

 

Hi,

 

I suggest you write to them and inform them that you have requested a copy of the agreement and enclose a copy of the letter you sent. I assume you sent it to the same people or are these guys different? In the meantime get aquainted with the following thread as you will need to use it:

 

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

 

Hope this helps,

 

Penfold

[pt2537]

Well, the letter that i was hoping would never arrive has just dropped on my doormat. £10k credit card final notice telling me they are going to take me to court for a judgement. it is blair oliver and scott or halifax and they have NOT complied with the CCA request sent on september 6th. any advice please. looks like i am at the business end of fighting this now.

 

 

Hi Blueeyedboy,

 

my apologies for not responding earlier,

 

can i just check what if anything they have sent in response to your CCA request

 

i can advise you better once i know what we are responding to

 

Regards

paul

[mammyslad]

could i get an answer to my last question please?

Hello Blueyedboy,

I thimk Penfold seems to be putting you on the right lines.

He seems to have a good knowledge of your problem.

Best Wishes and Good Luck.

[reduk054]

Hi Blueeyed boy, are you able to scan or to type the letter threatening court action? Sometimes these letters are worded in such a way to suggest that they will commence court procedings against you, so that you pay up! Also continue with the advice already in answer to your question, but seeing a copy of this letter they have sent could be helpful!

Red

[blueeyedboy1980]

I'm sorry to all who have been trying to help me. I have had computer trouble recently and have been unable to read your replies.

 

I dont have a scanner to scan the reply but i will buy one asap.

 

They have not tried to comply at all. no letters have been received from them at all.

 

I received a card a while back from PO saying unknown had sent a letter and not paid postage. so maybe that was it but if they didn't pay postage then me not paying it for them and collecting the letter isn't going to cause me a problem is it?

 

I'll look forward to your replies.

 

Thank you all.

[blueeyedboy1980]

I have no idea what i would need to write in my letter to them. is there a letter someone could supply that i could personalise?

[pt2537]

Dear Sirs,

Account no xxxxxxxxxxxxxx

Re: my request under the Consumer Credit Act 1974

 

I note that to date you have not complied with my request for a copy of the credit agreement for this alleged debt which you are pursuing me for

The Consumer Credit Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. Without production of the said agreement I am unable to asses if I am indeed liable for any alleged debt to you, nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until xx/xx.2007 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. If you continue to try to enforce this debt without complying with my original request you will have committed a criminal offence and your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

 

 

 

you could try something along these lines

 

regards

paul

[blueeyedboy1980]

thats a brilliant letter. thank you very much. 1 more question, I sent the letter for the cca request on 6th september. what date would i need to say they became in dispute? thanks again.

[pt2537]

i would suggest the 26th sept to be safe for the date of default on the CCA request

 

they would be well in default by that date

[blueeyedboy1980]

do you mean 26th oct for criminal default and put wrong month or are you talking about the initial default of the request? sorry to question you, i'm a bit confused by what the difference is.

[pt2537]

no sept.

 

september they entered the default by failing to provide the agreement within the required time frame.

 

dont worry about the criminal offence for now, the criminal offence would have been committed in october but its the failure to supply the document in the 12 working days which we are concerned with for now

 

regards

paul

[blueeyedboy1980]

I have just received a letter from a debt collection agent chasing a debt that the cca request is in default on. i called them to advise them the debt is in dispute and no original documents had been forwarded to me since this request and they very nastily told me that I took out the debt therefore i should face the consequences and bailiffs will be round at some point.

 

should i cca request this new company or have i already done what i should have by cca requesting from the original creditor?

[pt2537]

WHAT UTTER BALL HOOKS!!!!!!!!

 

Bailiffs, yeah right in their dreams

 

bailiffs wont become involved until they have been to court, won and you failed to pay after judgment so they are a little ahead of themselves

 

AND THAT AINT GONNA HAPPEN, not unless a court, ignores the CCA 1974,the regulations made under it and the House of Lords Rulings in wilson

 

which aint gonna happen unless the judge is mad

 

you have sent a CCA request yes? you have proof of delivery yes?

 

if this is correct then you dont need to send them another request as the first remains valid

 

regards

paul

[blueeyedboy1980]

I have sent a request to halifax. i sent it recorded delivery and i have retained the proof of sending.

[pt2537]

hi there,

 

well nowt to worry about, the thing not to do is Phone these people as they will try to get you to agree to all sorts of things

 

 

if you sent the letter i posted in post 41 then you have done all that is reasonable to bring this dispute to their attention so what more can you do

[gordonsanderson]

Hi Blue,

Sounds like you've got good advice, i'm in the same boat, they are total sh!ts, good luck, and as i progress in my case i'll thread it, keep the pressure on bud.

Regards.