CCA Received is it real deal

[boyboynova]

Hi All,

My OH had debt with Studio Cards,which got passed on to Moorcr@p

Requested CCA..Couldn't produce defaulted on 12+2+30

 

Passed on to Robbing Way told in dispute went away

 

Then passed to Howard Cohen,told them in dispute never had reply back.

 

This morning get letter from Lewis Debt Recovery with statements from Studio and CCA.

Could someone take a look and see if real deal

Came as blank document no signatures or ref numbers

[creditcardmug]

Hi does it have your signature, is it dated?

[boyboynova]

Nope just came as is on page

[creditcardmug]

Well then it's utterly meaningless, proves nothing.

Just a blank agreement they got out of the stationary cupboard

[boyboynova]

That was my first thought.

Thanks

Chris

[boyboynova]

Is there a letter which I could send to state what they have sent is bobbins and not a true copy of cca

[creditcardmug]

Hi again this is the one i sent to barclaycard edit to suit i.e. dates and bcard

 

I DO NOT AKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Dear

 

 

Re: = ACCOUNT IN DISPUTE

Re= My request under Sections 77-79 of the Consumer Credit act 1974

 

Thank you for your letter dated 23/1/2008 the contents of which have been noted. However, the reply received by me does not fulfil your obligations 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 alleged 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 8th January 2008, 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 that exists in relation to the above account and that which you have sent doesn’t even contain any of the prescribed terms that the act calls for and is not properly executed. Also the application form has no account number, and is not linked to the ‘original Barclaycard Conditions’, which also has no date. The current ‘conditions’ sent are irrelevant. I also require you to provide full details of all payments/interest/charges/balances to the account since its alleged inception to date.

 

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 provide such an agreement, this alleged debt is not enforceable in law.

 

You had until 22nd January 2008 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 payment, nor am I obliged to offer any payment to you.

Furthermore, whilst the dispute remains, you are not entitled to charge any interest to 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 and you may not legally transfer this alleged debt to any debt collection agency.

 

 

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.

 

I respectfully ask you to remove any default reference to my credit file.

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 Commissioner’s 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 a criminal offence. You entered into default on the 22nd January 2008 and you will subsequently commit a criminal offence if you have not fully complied by the 23rd February 2008.

 

Therefore you have until the 23rd February 2008 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.

 

 

In summary, I will not be making any further payments to you until you provide me with the documents 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

 

Yours Faithfully

 

 

 

 

Change the third para. to reflect what they have sent you

[boyboynova]

Hi all,

Does everyone think the letter above is ok to use as reply to Lewis

The original DCA was Moorcr@p,so a little unsure how to word reply to Lewis Debt Rec.

Any Ideas

Chris