CCA: What Next?

[shifnal]

I have sent a request for a copy of my CCA to my creditors, and to date, none have written back (although a couple have sent letters demanding payment, and dated much later than my request to them).#

 

What I want to know is what happens next?

 

They have failed to send me a copy of my CCA within the stated 12 working days. So where do I stand, and what action should I take (if any)?

 

Also, if they send a copy of the CCA after the 12 days (or if they pass it onto another debt agency or the county court), what action should I take?

 

Sorry to ask so many questions!

 

John

[42man]

If they pass them on to another debt collection agency then send them this...

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

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

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

 

If you want to state where you stand with those who have not complied with your request then send them this...

 

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 **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.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

BLAH

[shifnal]

Hi!

 

Thanks for your help and the draft letters. Much appreciated!

 

John

[shifnal]

I am having problems with Cabot, over a credit card debt that goes back to 2003.

 

Sent request with £1 postal order for copy of CCA. Cabot sent £1 back saying that they aren't liable under the 1974 Act, but out of courtesy (!) would chase up my original CCA.

 

I wrote back using a template from here, telling them that as they were well over the 12 day limit they were in breach, etc, and that I was also notifying them that I wanted my personal details removed according to the 1988 Data Protection Act.

 

They wrote back on 23rd Sept, saying that they are still chasing the original CCA, but "our client has had difficulties locating it", and that as they don't actually own the debt, they do not have to remove my personal details and I am still liable for the said debt.

 

They wrote again last week telling me exactly the same thing.

 

What should I do now? Wait, or send them something else? The letter was arrogant and snobby, and in effect was saying they were beyond the law.

 

Thanks in advance!

 

John

 

NB: Scab Hunter posted this - thanks to SH for his reply.

 

John,

 

I suggest you start your own thread. This is what I did, and the helpful replies are coming in.

 

I would be very interested in the results of this as it is where I will probably be not too far from now. Apparently Cabot often return the £1, but in my case they actually put it toward the alleged debt and sent a letter saying "Thank you for your payment".

 

This has to be unlawful as the letter (template N) clearly stated that the £1 postal order was the CCA fee.

 

Cabot will try to get away with anything, and clearly in your case they are making up the law as they go along.

 

Clearly it is time to initiate a complaint through their internal procedures. (You have to do this before it can go to the FOS) I can give you a link to Seahorse's blog where the complaints procedure is located -

 

Complain : Cabot Financial Blog

 

The only thing I can't tell you is whether this information is up to date or not.

 

It would also be useful to know exactly which regulations have been breached so that you come across as informed when making the complaint.

Start your own thread, and you will get more help.

 

SH

Edited October 7, 2008 by shifnal
Update

[spamheed]

You don't need to do anything at this point, you have asked them for a copy of your CCA and they have yet to provide it. it is common to get letters like this for a while then they either produce or give it up

 

Worry about the data protection issue once the CCA has been sorted out - or not as the case may be

 

You are correct however, without the agreement, they have no right to process - you would need to go to court to get them to stop though

 

You can report them for non compliance - this in itself will be enough to get them into trouble

Edited October 7, 2008 by spamheed

[shifnal]

In August I requested a copy of my CCA, and after a few letters telling me that they were 'looking' for my CCA, I heard nothing more from the debt agency.

 

This afternoon, I had a phone message asking me to call their office, but they did not tell me what it was about.

 

I therefore need some advice. This is the first I have heard from them since August, and I specifically asked them to only contact me by letter, and so have not replied to their phone message. But I wondered if this was some underhand way of trying to get around the CCA request, and if I have done the right thing by ignoring their phone call? Thanks!

[flyingdoc]

continue to ignore them.

 

They are in default of the cca request and if they want to talk to you let them write.

 

Ringing them back achieves 2 things - it gives them the ability to abuse you with little or no chance of you proving what was said -(unless you record the call)

it also runs you YOUR phone bill.

[ageless]

Hi ya:)

 

I know how difficult it can be when you get this sort of thing happen, it has happened to me in the past. But I would strongly recommend that you do nothing.

When I received such a call from a DCA after hearing nothing from them for months about a CCA request I had made, I phoned them just out of interest........hoping for good news I suppose.

The call started off very friendly like but when it became clear to the operative that I was not going to back down regarding my legal rights things really turned nasty. Fortunately I'm not easily intimidated so I just kept quoting the CCA 1974 at him and laughing at his threats. However it could have got out of hand.

So my motto from then onwards was an absolute "In writing only", just as the experts here advise.

So it's difficult I know, but just sit tight.

The DCA know the score, and the tricks, so don't let them trick you;)

 

Good luck with it:)

[Von Greenbach]

Bear in mind, those calling you are from a call centre working under targets, they DO NOT have your interest at heart.

 

They are NOT AND NEVER WILL BE IN A POSITION TO ASSIST YOU!!

 

Remember, they're all calling from a call centre.

[hillards]

If they've not responded to your CCA request and that has gone into default then they should not be asking you to call them.

 

Apart from the fact you've told them to correspond in writing only, they will try anything to be able to add a line (true or otherwise) to their system about agreement to pay - which then upsets everything.

 

There's a follow-up letter somewhere that you should send after they fail to produce a valid CCA. That usually pee's on their bonfire enough to put it out...