Hit Egg with a CCA, playing silly buggers

[bank_robber]

Hi Everyone,

 

I may as well start a thread on this one...

 

I sent a CCA request to Egg and Co Op .

 

The DCA Request period is about to expire (next 2 - 3 days, I have the date in my diary at work)

 

Now Co-op, no reply as yet BUT egg are playing silly buggers.

 

I used to have an Egg card many years ago, but closed it. I have a loan with them at present. Now I am also taking them to court for a few other things (CC Charges)

 

I requested the info for my loan (Not my CC - why would I want info for a closed account )

 

However I got a pile of dead tree (paper) with the details of my CC, which is NOT what I asked for. To make it super laughable, it wasn't a copy of the CCA, just a pile of terms and conditions, as a lot of you have gotten.

 

Now to my mind they have failed (either deliberately or accidentally) misunderstood what I asked for. They have still failed to provide the correct information, in the right time frame. (Quite how, I don't know as it had the account number up there in black and white)

 

I do have a copy of the letter as I printed out two, just in case something like this happens.

 

Can someone please let me know where I stand.

[maroondevo52]

Hi, Bank Robber.

 

Don't know if you could *tweek* this letter for your needs.

 

 

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.

 

 

 

Regards.

 

Scott.

[bank_robber]

Hey, there. Sorry I took so long to reply. Thank you for the letter template. However, I have a confession to make :o I got the acccount number wrong. So they win this one. I will need to resubmit.

 

However Co Op have just completely ignored my request. I sent the request to Balloon street. It was sent on 13th of the month. According to royal mail it was signed for, but they cannot provide a sig to go with it, even though it was sent special delivery (pre 10 am even!)

 

Today is the 11th working day, excluding a day for it to get to them. I guess what I am asking is

 

Have I got the right address for the request

 

Shall I just leave it till the 30th day so they have committed an offence ?

 

Is the proof of delivery, minus a sig, sufficient for proof it got there ?

 

Thanks

 

Bank Robber

[Pinky69]

I personally would wait until the 30 days are up then complain if they start to pursue for payment after that - just sit back and let them commit an offence. They have your request and know what their legal responsibilities are. Be very careful of the Co-op. I've currently got a complaint with the FOS about them for very shady dealings, including altering the date on an application form they tried to pass off as an agreement.

[veryweary]

Hello Bank Robber, Keep checking the Royal Mail site, for your electronic signature, it took 18 days before it was posted on their site for one I sent recently.

 

Had phoned R.M to complain about lack of electronic signature and customer service explained how process can take this long for mail delivered to large firms who get a lot of Special delivery /recorded mail.

 

He also gave me a full refund!!