me v creation

[everton2005]

right i cca d these people and this is what they came back with any advice please

http://i36.photobucket.com/albums/e38/everton2005/creation.jpg

[everton2005]

http://i36.photobucket.com/albums/e38/everton2005/creation2.jpg

[KER]

In the most basic terms, they have said they are unable to find an agreement, you have it in writing, so until they can find one, enforcement not possible.

 

(I believe if it went to court, that true copy they refer to would HAVE to have your signature on it!)

 

HOWEVER, when was this account opened? Was it opened online (the 2006 regulations don't require a CCA for electronically created agreements...)

 

 

Others will probably be able to go into more complex reasons. These are the basics I have so far gleaned from reading this site.

[everton2005]

the account was opened about 5 years ago and it wasnt done online

[PGH7447]

No CCA - no enoforceable debt - admitted by these people in writing, keep the letter very safe and write back thanking them, also tell them to stop processing any data about you and to get lost.

 

:D

[everton2005]

thanks pg much appreciated;)

[everton2005]

what i cant understand is they state they cant locate my original application form but then go on to say they can supply a true copy which is enclosed but its blank

[PGH7447]

a true copy of what one should look like but not your copy, very sad, shot / foot / in - springs to mind:)

[everton2005]

anyone care to help with my reply letter please

[everton2005]

bump

[everton2005]

bump

[popeye1]

When date did you request CCA

[everton2005]

i requested cca on the 24th july

[popeye1]

I have one from 2003 and its not the same so it could be a copy of a later one ,anyway they said they do not have yours ,let their time runout,Good luck

[everton2005]

any thoughts on this cca please

 

lastscan1-1.jpg - Image - Photobucket - Video and Image Hosting

Edited December 20, 2008 by everton2005

[Pinky69]

erm - what CCA?

[everton2005]

sorry lol:p

[Pinky69]

Lol. Well, for a start it is illegible and they must send you a legible copy. Your signature is there and there is a reference to a credit limit in the part for Store Use but there is no interest rate and no repayment schedule, so 2 prescribed terms required on an agreement are missing. This is an application form not an agreement and it is illegible. It is therefore unenforceable. Your reply to them is that it is illegible and does not fulfill the requirements of the CCA 1974 for a legible copy.

[everton2005]

thankyou pinky tickled your scales:D

[Pinky69]

Your welcome - and thank you for the tickle!

[pt2537]

they will probably farm it out to Drydens Solicitors to deal with, not to worry though that agreement is very very defective and not in the slightest enforceable

[everton2005]

could anyone put a letter up that i could fire at them please

[everton2005]

bump

[clemma]

Send something like this (adapt it to suit)

Dear xxxxxxx

Account/Reference Number

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute.

On xxxxxx I wrote to xxxxxxx requesting that you supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document.

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40.

 

Since the agreement is unenforceable, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages.

 

I respectfully request a response to this letter in 14 days.

 

Yours sincerely

Edited December 20, 2008 by clemma
Wrong letter posted

[everton2005]

just a quick update lastscan2-1.jpg - Image - Photobucket - Video and Image Hosting

Edited January 7, 2009 by everton2005