Consumer Credit Act 1974 and CCA Request

[Janesey]

Hello all,

 

I have couple of quick questions...

 

1) Under which section of the act does one rely on a CCA request and

2) which section imposes timelimits for them to get that paperwork to you?

 

3) Also under which section of the act state that OC/DCA are committing a criminal offence for non compliance?

4) Finally if a CCA cannot be processed does that mean it cannot be pursued?

 

Thanks all.

 

Janesey.

X

[maroondevo52]

Hi, Janesey.

 

 

This should answer most of your questions.....

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

And

 

(b) If the default continues for one month he commits an offence.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

Remember, print your name, don't sign.

 

 

And yes, no CCA, no enforceable debt.

 

 

 

Regards.

 

 

 

 

Regards.

 

Scott.

[Michael Browne]

Section 78:

Consumer Credit Act 1974 (c. 39) - Statute Law Database

[Janesey]

OOOo thanks all of you, jsut what I was after

[Janesey]

Can any one point me to the section where the 12 day clock starts running?

 

Ta

J x

[maroondevo52]

Hi,

 

The 12 Day clock will start, when they receive your request.

So send it recorded, so you have proof of delivery.

 

 

 

Regards.

 

Scott.

[Janesey]

Absolutely, but I cannot see in the legislation where it states 12 days?

 

Cheers

j

[chris600uk]

Sorry to jump in on an old thread but does that also mean the 30 days are also working days or calendar days?

[bushtuckerkid]

Hi, the 30 day period no longer applies. It was changed last year some time i think. Now, the creditor/dca has 12+2 to respond or the debt/account goes into dispute.

This means that if in a year or two's time they come up with the goods you will have to start paying them again!

[chris600uk]

What about the offence? Has that been deleted as well?

[bushtuckerkid]

Hi,

 

Yes the offence has now been removed.

 

BTK

[BuzzMan]

Hi,

 

Yes the offence has now been removed.

 

BTK

 

Huh? By what Act/SI?

[SteveH2508]

Consumer Protection from Unfair Trading Regulations (CPUTR) which came into force on 26 May 2008.

[BuzzMan]

Consumer Protection from Unfair Trading Regulations (CPUTR) which came into force on 26 May 2008.

 

Hmm, interesting, I wonder why statutelaw hasn't parsed that amendment in...

[andymanx]

I have read all through the Consumer Protection from Unfair Trading Regulations (CPUTR) and it mentions nothing about the 30 day rule changing to 12+2 days.

 

Does anyone know where the 12+2 days rule change has come from?

[martinkeatings1]

Consumer credit act 2006 (ammendment to the original CCA 1974)