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Help with Credit Agreement Request


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Hi All,

 

Im new here and was directed here from moneysaving expert, where to start, well back in 2004 I got car insurance with Admiral, half way thorugh my policy I called to cancel as I got a new car and they were no longer the cheaper option, so I spoke to the lternative contact centre who said it would be £35 pounds to cancel, I paid this and that was the end of that until, recently I got a letter saying I owe Admiral £150 for insurace by Call Serve, I called admiral and guess what yes, they cant locate the call from the alternative contact centre and this was for the rest of my insurace.

 

Well I sent a credit agreement request off to call serve, and I didnt get anything back, so I sent the 12+2 day letter off which I got back from they saying, they had returned my letter as I didnt sign it, could I please sign it and return it so they can deal with my request. Well I didnt and the day after I recived some paper work in the post which is supposted to be my CCA

 

Well im confused, becase all I can see it is a a singed signiture from me on a motor insurance proposal and a blank creidt agreement that has my quote details in but no other inoframtion it says deport of £0 to be paid on 00/00/00 by 0 installmetns etc etc and then is unsigned at the bottom, so I think they have just printed a blank one off sent it to me, could you have a look and help me to see if it is a proper agreement and that

 

Flickr: lawsonk81's Photostream here (Not Spam)

 

What should I do, should i send a unsigned letter saying this does no complay with my request, I know they sent it late, but at least they did send it, now what should I do, any help would be appreciated.

 

Thanks Matt, aka Battyboi

 

(PS Applications for a loving boyfriend been taken lol)

 

 

 

http://www.flickr.com/photos/28393103@N03/ here (Not Spam)

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I can't see the form that well, but send them this if you're in doubt...

 

I am pleased to see that you confirm this as a true copy of the original agreement executed by yourselves on the 26th July 2007.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

 

 

You had until (date here) 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, make any further charges to the account or pass the account to anybody else. I would also like to note that as from the (12+2 working days + 30 calendar days) it becomes a criminal offence.

Please note you may also consider this letter 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 including any defaults. 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 fail to respond within 21 days, I will expect that this means you agree to remove all such data.

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i am no expert on car insurance but i do no that is not a cca. i did not no car insurance was done on credit

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Yeah, I was young and couldnt afford to pay it all over, so you arrange a credit agreement to pay over the year but they still do a credit agreement, although the one they sent, has payments 0 to be paid on 00/00/00 in 0 instalments etc

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well no cca no pay. Thats the rule as in the CCA1974. I would just write to them advising they have not provided u with the relivant docs and untill they do you will not be paying them.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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But they have sent a copy of a credit agreement, as you can see it says at the top, Credit Agreement Regulated by the Consumner Credit Act 1974, it has everything on apr, amount borrowed but not the payment terms ie if you look at picture 3 click at the top right on all sizes it brings it up big, it has Your Initial payment of £0 due on 0/00/00 followed by 0 installed on £0 due on the 30th of the month by Direct Debit

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part of the rules are u need to know what the repayment terms are and the apr etc.

 

they are not there. non compliant.

 

just so u are clear in your mind maybe u should read the first post of this then look at ur cca it clearly states everything.

 

Is My Agreement Enforceable - Useful

Edited by The GodMother
adding link

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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