I want to put a CCA agreement on

[Having_A_Knightmare]

Totally unenforcable.

 

There are no perscribed terms on the last page you have posted that I can see.

 

The first doc is the most upto date agreement to try and confuse you and worth nothing.

 

HAK

[Having_A_Knightmare]

I dont know why they send the 1st doc out. Like I say it is to confuse you. The first doc is only OK if the debt was after 2006 as they dont require signatures.

 

HAK

[Having_A_Knightmare]

Looks like the T&C are nothing to do with the agreement so the perscribed terms do not count.

 

YOu need to send something like this:

 

Re: my request under s78 of the Consumer Credit Act 1974.

 

Thank you for your recent letter sent to me dated 21st June 2007, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The 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, dated 26th April 2007. Upon receipt of the original request the specified account legally entered into disputed status.

 

My request remains outstanding. An application form does not constitute a true copy of a credit agreement and that which you sent doesn't even contain all the prescribed terms and is not 'properly executed'. The statements sent do not correspond to the amount stated in your earliest correspondence and therefore they do not satisfy the requirement to supply me with a statement of account.

 

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 25th May 2007 to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is 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 agencies (or any third party).

 

To register information with a credit reference agency, you must have written consent from the data subject 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 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. You entered into a default on 25th May 2007 and subsequently committed a criminal offence on 25th June 2007.

 

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise 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. 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.

 

[Having_A_Knightmare]

Thanks for all your help "Having a Nightmare" on this. I will amend the letter to suit my case etc and send this tmr.

 

Should I also point out the differences in what they have sent me ie. APR on agreement/T&C are different, On the signed doc it says Page 2 in the top right and hasnt got a page number on the first one and also the ADDRESS IS DIFFERENT ON BOTH PAGES OF THE AGREEMENT???

 

Hi Just send the letter for now.

 

HAk

[Having_A_Knightmare]

Hi

 

Standard letter they send to everybody.

 

Thing is they will not back down.

 

I have stopped payment now for about 5 months. They have sent me a letter from Triton credit services so I sent them a bog off letter back. Thing is they can send what they want but its unenforcable.

 

HAK

[Having_A_Knightmare]

The thing is they have an uneforcable CCA so just bear with it for now.

 

I am in the same sitaution as you and I am not backing down.

 

It is going to be quit intresting to see how far they go.

 

I will keep you informed.

 

HAK