Help with CCA please!

[tolstoy]

Years ago, in the mid 1990's, when I had a high income, I obtained a Mastercard. This operated as a Charge Card i.e. the full outstanding balance was taken by direct debit from my current account each month. This operated without any difficulty until September 2003 when my house sale fell through and I was left in an extremely difficult situation. I immediately phoned to explain that I was unable to make the due payment in the October, which was just over £6,500. The creditor cancelled the direct debit and said they would contact me in a couple of months to ascertain my situation then. No one ever contacted me and every month a standard statement arrived showing the same balance outstanding and no payment made. The card expired in April 2004 but the statement continued to arrive each month. As the years passed by, it became apparent that the account had fallen into some kind of black hole within the system and I became afraid of contacting them lest they add a huge amount of interest onto the balance. During this time also, a number of calamities befell me and my income today is but a fraction of what it formerly was so I have never been able, and never would be able to pay the amount outstanding. Three weeks ago they suddenly sent a default notice requesting the full amount be paid within 17 days. I contacted them immediately and explained my position and made a token payment of £20. They have sent me a financial statement to complete and I can demonstrate that I have very little disposable income. Today I have received, as usual, the normal monthly statement which shows the balance as it has been for the last 5 years, and also shows the £20 payment deducted. It says, as usual, that payment is due by 23rd of the next month i.e. 23rd October 2008. My query is therefore:

 

a)Has this account defaulted or not? How can I receive a default notice and then, 3 weeks later receive a standard statement saying the balance is not due for another month?

 

b)I strongly suspect that the creditor will be unable to produce the original agreement, taken out in 1995. I have asked for this but it has so far not been forthcoming. If they are unable to produce this am I still liable?

 

c)Do any members have any advice for me in this situation?

 

Thanks and Kind regards

[42man]

Hi Tolstoy....and a warm welcome to the CAG forums.....you are among others who are / have been in similar situations to yourself....what I will do is move this thread to the debt collection forums where you should get some more advice...

[tolstoy]

Thank you!

[PGH7447]

Pity you made the £20 payment, that re-started the clock on the account prior to that you were reaching statute barred territory

 

If you have requested the agreement by a cca requets then they have the 12+2 days to comply, if after that time you have not recieved anything then you are within your rights to stop payments. until they do, also then send them an account in dispute letter.

 

They will then probably pass it onto a DCA and the cycle starts again.

 

if they do produce an agreement post it up on here so people can check it over for you

[tolstoy]

Thank you for your help. Is there an account in dispute letter template please?

[42man]

Send the CCA request first.....if they don't reply within the 12+2 working days timescale....then you can send this one to them....(by recorded delivery and don't hand sign it...)

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted. (EDIT/DELETE THIS LINE AS REQUIRED)

 

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**.(12+2 days after you sent the CCA request)

 

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.

 

This limit has 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.

 

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

[42man]

Apologies this is the CCA request....letter 'N' from here.....send it with a £1 postal order, send it by recorded / guaranteed delivery and don't hand sign it.... - Letter 'N' - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Send it to the Data Compliance Manager at the address on the statements...

[tolstoy]

Many thanks for all your help. I will obviously post any developments as they occur. However I am still mystified as to the date, if at all, this account defaulted. Did it default in October 2003 when the payment was not made, or was it September 2008 when the default notice was sent, or has it yet to default because they have sent a statement saying the payment is due by 23rd October 2008? I obtained a copy of my credit files last week and this account does not appear on them anywhere at all, but if it is to be added to them now surely a default from 2003 would be due to 'roll of' in a couple of years. It is all very confusing!

[tolstoy]

Good morning all!

I have sent a request for copy of the credit agreement as advised. As the creditor involved is RBS, I see from other threads it is likely that I will probably receive a recreated version! However, in the meantime, can anyone advise whether I should complete and return the Financial Statement form which they have sent me, or should I just await the copy of CA? I can demonstrate quite clearly that I have virtually no disposable income.

[TheChancellor]

I would sit tight for the 12+2 days.

[tolstoy]

Thank you! After having done the wrong thing with making token payment, I am so worried that I will drop myself deeper into the mire purely out of ignorance!

[A+]

Hi Tolstoy, i am far from being an expert, but feel i have more experience than yourself at this point. My thread is at the link below if it helps to see where this process is most probably heading for you:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/151433-new-member-looking-advice-8.html

 

In response to your question, bearing in mind i am only offering my ADVICE and OPINION here, NO i would definitely not fill out ANYTHING they send me. By sending your CCA request, try to think of what you are doing as follows:

 

Imagine you wake up on a Monday morning and there is a knock at the door. You answer the door and there stands a grubby bloke saying "YOU OWE ME A GRAND". What would you do? You would probably say "Really? Why? i don't recognise you and have never borrowed money from you as far as i remember, can you prove it?"

He replies: "I can get you the paperwork to prove you owe me the money, i will post it to you tomorrow".

So, at THIS point you are in the same situation (in my view) as you are in now. Imagine, a few days later, instead of getting proof of the debt, instead you receive a letter from this bloke saying "Please fill out all your personal expenditure details so i can decide what i want you to pay me".

Do you see where i am going with this?

WHY ON EARTH WOULD YOU FILL OUT ANYTHING AND DIVULGE ANY PERSONAL DATA TO THIS PLONKER BEFORE FINDING OUT IF HE IS EVEN GENUINE. FOR ALL YOU KNOW HE COULD BE A CROOK TRYING TO THREATEN MONEY OUT OF YOU.

Welcome to the world of DCAs. YES they have been known to do this, and by all accounts, many are doing it every day of the week.

 

My elderly neighbour, an 87 year old woman received a letter a few years ago from her local electricity board. I received it too, as did 6 other people. It stated that essential works were needed to be undertaken underground outside where we live, and as such the local residents had to pay the bill. They asked for £2000 from each person (seriously!) I laughed my head off, rang them and told them where to go. Several other people did the same, but the elderly woman next door didn't. She PAID IT. For around a year i had to fight for her to get the money back, and thankfully we eventually did, but it damn near killed her from the stress of it all. Here is an example of a so-called 'reputable' LARGE company doing a similar thing to that which is done by DCAs. If you yourself bought a list of 10,000 names from a mailing list company (hypothetically) and sent out an official looking letter, headed with the name "Tolstoy Collections and Investigations" and demanded payment of £500 for outstanding debts owed to any made up financial company name, i wouldn't mind having a hefty bet with you that more than one person would send you a cheque within a few days. The reasons are irrelevant and numerous, and i nearly fell into this trap myself for the main reason most people do, a combination of FEAR and LACK OF TIME to look into deeply. Basically, anybody with enough FEAR, or enough disposable cash will probably just stump up the funds. I know it sounds mad, but it happens, there are many people who get very frightened by these types of letters (as i used to) and these types of people are vulnerable to threats, often jumping for their cheque book just so they can sleep that night.

 

THIS IS WHY THE CCA 1974 is in existence, to protect people from such activities. Whether you or anybody else DOES REMEMBER spending or borrowing money loaned from a financial company is irrelevant, the law states that if you DISPUTE the debt (as you would with the bloke on the doorstep) then you are fully entitled to demand PROOF in writing showing you ever entered an agreement with the creditor.

If the creditor doesn't have this, then it could be because:

 

1. They are LYING and the debt doesn't exist,

2. It could be because they never showed you the full legally binding documents at the point of SALE of the debt to you (becase if you had seen the full story you probably would have run a mile and never taken out the debt or credit card in question) in which case they broke the law and damn right the law should prevent you being obliged to pay it

3. and it could be because they didn't run their business properly and have misplaced or thrown away the original CCA documentation

 

In my experience so far (i am not much further down the road than you) it is reason 2 which appears to be the case most of the time, and possibly a little of reason 3 in one or two cases (not sure though) and believe it or not i have a few reason ONES in my time too!

 

So.... getting back to your question, UNTIL YOU KNOW if such a debt EXISTS ( in law as well as in your mind ) why on earth should you divulge ANY information to ANYONE?

 

This is my reasoning behind my personal advice to not fill in ANYTHING until your CCA request has been honoured. Once it has, i would become as compliant as a lamb, but until then, i assume they are all CROOKS trying to defraud me of money which is not owed to them. The law affords you the RIGHT and REASON to think like that, and it more than protects you doing so.

 

MOST IMPORTANTLY OF ALL - DO NOT SIGN ANYTHING, NO SIGNATURES! This is very important, and of course i wouldn't want to accuse any DCA or finance company of any wrongdoing (why on earth would i, i mean they are such nice people) but lets just say IF YOU SIGN ANYTHING AT ALL then there is a purely theoretical possibility that they COULD (not saying they would ) photoshop your signature onto any contract or document they wish, and effectively fraudulently provide lawful evidence of you owing them money when they otherwise couldn't. Of course they would NEVER EVER do this () but why not just be a bit paranoid for a while, just to cover yourself

 

So, no i wouldn't fill it out, i would simply reply with a letter stating that from the date of your CCA request, this ALLEGED debt is IN DISPUTE (and if applicable (after 14 days) is IN DEFAULT under the terms of the Consumer Credit Act 1974). I would state that i would not reply nor comply with any communications from them until such a time as documentary evidence has been received under the terms of your valid and binding CCA Request. I personally would add something along the lines of:

"Further to this, i will deem any further attempts to contact me or request payment or priveleged information about me by your company or any agency employed by you under this alleged account number, as HARRASSMENT and will notify the relevant bodies including the Police of your actions." or words to that effect.

 

Tolstoy - imagine for a second you completely lost your memory tomorrow, ALL long term memory disappears from your brain. Should you just take their word for it that you owe them money? If thats the case, they could empty your bank account, pockets and even your relatives pockets purely based on FEAR and any misplaced TRUST you place in their company name and words on the paper they send you. Its not enough, it isn't enough in company law, it isn't enough in criminal law, it isn't enough in ANY LAW, PROOF IS NEEDED before you do anything, so my advice is let them prove they have ANY REASON whatsoever to even TALK to you, once thats been proven you can give them any and all information you want or need to. If its not proven (which given the time scale i wouldn't mind betting) then you have absolutely no legal obligations towards them whatsoever and in effect any phone calls from them or letters can be looked at as a heavy breather who needs reporting to the police

 

Hope that helps, will keep an eye on how you get on. It takes a while to really get to grips with what this is all about. Its not about you avoiding paying debts, its not about you being more clever than these companies by wasting your life writing clever letters, its about the LAW and them providing PROOF of their claims, and if they can't then you can decide in your own mind what to do, but i am sure they make FAR more money threatening other poor people who don't know about the Consumer Credit Act than they will lose due to their mishandling of paperwork or due to their deliberate attempts to saddle people with debt without telling them the full story in accordance with the law.

 

Remember one thing - If ALL credit card companies ONLY EVER had made agreements with people after ALL necessary information was given and read by the customer (interest rates, fees etc) then i would make a guess that there would be less than HALF the number of people walking around with their credit cards in their wallets today. Do the maths on that, you are not denying anyone anything, they denied themselves when they broke the law and in my view the lawmakes of this country should put every one of them out of business and FINE them heavily for every SINGLE unlawful contract they coersed innocent people into, some as young as 18 but saddled with debt for the rest of their days. Thats not to mention the other outcomes which do happen, like the 27 year old mother of 2 who threw herself under a train from pressure of credit card debts. I wonder, if all companies followed the rules of the Consumer Credit Act without exception, would she still be alive today? Would her kids still have mummy coming home after work? Oh yeah, but i just remembered, they probably wouldn't have the playstation and DVD equipment in their bedrooms, so i am sure their mother's suicide didn't bother them too much.

Tongue in cheek, you are damn right! I am comfortable with all of this, and so should we all be in my opinion.

 

Good luck, look forward to seeing how it goes for you.

Ciao for now

[TheChancellor]

Hi Tolstoy, i am far from being an expert, but feel i have more experience than yourself at this point. My thread is at the link below if it helps to see where this process is most probably heading for you:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/151433-new-member-looking-advice-8.html

 

In response to your question, bearing in mind i am only offering my ADVICE and OPINION here, NO i would definitely not fill out ANYTHING they send me. By sending your CCA request, try to think of what you are doing as follows:

 

Imagine you wake up on a Monday morning and there is a knock at the door. You answer the door and there stands a grubby bloke saying "YOU OWE ME A GRAND". What would you do? You would probably say "Really? Why? i don't recognise you and have never borrowed money from you as far as i remember, can you prove it?"

He replies: "I can get you the paperwork to prove you owe me the money, i will post it to you tomorrow".

So, at THIS point you are in the same situation (in my view) as you are in now. Imagine, a few days later, instead of getting proof of the debt, instead you receive a letter from this bloke saying "Please fill out all your personal expenditure details so i can decide what i want you to pay me".

Do you see where i am going with this?

WHY ON EARTH WOULD YOU FILL OUT ANYTHING AND DIVULGE ANY PERSONAL DATA TO THIS PLONKER BEFORE FINDING OUT IF HE IS EVEN GENUINE. FOR ALL YOU KNOW HE COULD BE A CROOK TRYING TO THREATEN MONEY OUT OF YOU.

Welcome to the world of DCAs. YES they have been known to do this, and by all accounts, many are doing it every day of the week.

 

My elderly neighbour, an 87 year old woman received a letter a few years ago from her local electricity board. I received it too, as did 6 other people. It stated that essential works were needed to be undertaken underground outside where we live, and as such the local residents had to pay the bill. They asked for £2000 from each person (seriously!) I laughed my head off, rang them and told them where to go. Several other people did the same, but the elderly woman next door didn't. She PAID IT. For around a year i had to fight for her to get the money back, and thankfully we eventually did, but it damn near killed her from the stress of it all. Here is an example of a so-called 'reputable' LARGE company doing a similar thing to that which is done by DCAs. If you yourself bought a list of 10,000 names from a mailing list company (hypothetically) and sent out an official looking letter, headed with the name "Tolstoy Collections and Investigations" and demanded payment of £500 for outstanding debts owed to any made up financial company name, i wouldn't mind having a hefty bet with you that more than one person would send you a cheque within a few days. The reasons are irrelevant and numerous, and i nearly fell into this trap myself for the main reason most people do, a combination of FEAR and LACK OF TIME to look into deeply. Basically, anybody with enough FEAR, or enough disposable cash will probably just stump up the funds. I know it sounds mad, but it happens, there are many people who get very frightened by these types of letters (as i used to) and these types of people are vulnerable to threats, often jumping for their cheque book just so they can sleep that night.

 

THIS IS WHY THE CCA 1974 is in existence, to protect people from such activities. Whether you or anybody else DOES REMEMBER spending or borrowing money loaned from a financial company is irrelevant, the law states that if you DISPUTE the debt (as you would with the bloke on the doorstep) then you are fully entitled to demand PROOF in writing showing you ever entered an agreement with the creditor.

If the creditor doesn't have this, then it could be because:

 

1. They are LYING and the debt doesn't exist,

2. It could be because they never showed you the full legally binding documents at the point of SALE of the debt to you (becase if you had seen the full story you probably would have run a mile and never taken out the debt or credit card in question) in which case they broke the law and damn right the law should prevent you being obliged to pay it

3. and it could be because they didn't run their business properly and have misplaced or thrown away the original CCA documentation

 

In my experience so far (i am not much further down the road than you) it is reason 2 which appears to be the case most of the time, and possibly a little of reason 3 in one or two cases (not sure though) and believe it or not i have a few reason ONES in my time too!

 

So.... getting back to your question, UNTIL YOU KNOW if such a debt EXISTS ( in law as well as in your mind ) why on earth should you divulge ANY information to ANYONE?

 

This is my reasoning behind my personal advice to not fill in ANYTHING until your CCA request has been honoured. Once it has, i would become as compliant as a lamb, but until then, i assume they are all CROOKS trying to defraud me of money which is not owed to them. The law affords you the RIGHT and REASON to think like that, and it more than protects you doing so.

 

MOST IMPORTANTLY OF ALL - DO NOT SIGN ANYTHING, NO SIGNATURES! This is very important, and of course i wouldn't want to accuse any DCA or finance company of any wrongdoing (why on earth would i, i mean they are such nice people) but lets just say IF YOU SIGN ANYTHING AT ALL then there is a purely theoretical possibility that they COULD (not saying they would ) photoshop your signature onto any contract or document they wish, and effectively fraudulently provide lawful evidence of you owing them money when they otherwise couldn't. Of course they would NEVER EVER do this () but why not just be a bit paranoid for a while, just to cover yourself

 

So, no i wouldn't fill it out, i would simply reply with a letter stating that from the date of your CCA request, this ALLEGED debt is IN DISPUTE (and if applicable (after 14 days) is IN DEFAULT under the terms of the Consumer Credit Act 1974). I would state that i would not reply nor comply with any communications from them until such a time as documentary evidence has been received under the terms of your valid and binding CCA Request. I personally would add something along the lines of:

"Further to this, i will deem any further attempts to contact me or request payment or priveleged information about me by your company or any agency employed by you under this alleged account number, as HARRASSMENT and will notify the relevant bodies including the Police of your actions." or words to that effect.

 

Tolstoy - imagine for a second you completely lost your memory tomorrow, ALL long term memory disappears from your brain. Should you just take their word for it that you owe them money? If thats the case, they could empty your bank account, pockets and even your relatives pockets purely based on FEAR and any misplaced TRUST you place in their company name and words on the paper they send you. Its not enough, it isn't enough in company law, it isn't enough in criminal law, it isn't enough in ANY LAW, PROOF IS NEEDED before you do anything, so my advice is let them prove they have ANY REASON whatsoever to even TALK to you, once thats been proven you can give them any and all information you want or need to. If its not proven (which given the time scale i wouldn't mind betting) then you have absolutely no legal obligations towards them whatsoever and in effect any phone calls from them or letters can be looked at as a heavy breather who needs reporting to the police

 

Hope that helps, will keep an eye on how you get on. It takes a while to really get to grips with what this is all about. Its not about you avoiding paying debts, its not about you being more clever than these companies by wasting your life writing clever letters, its about the LAW and them providing PROOF of their claims, and if they can't then you can decide in your own mind what to do, but i am sure they make FAR more money threatening other poor people who don't know about the Consumer Credit Act than they will lose due to their mishandling of paperwork or due to their deliberate attempts to saddle people with debt without telling them the full story in accordance with the law.

 

Remember one thing - If ALL credit card companies ONLY EVER had made agreements with people after ALL necessary information was given and read by the customer (interest rates, fees etc) then i would make a guess that there would be less than HALF the number of people walking around with their credit cards in their wallets today. Do the maths on that, you are not denying anyone anything, they denied themselves when they broke the law and in my view the lawmakes of this country should put every one of them out of business and FINE them heavily for every SINGLE unlawful contract they coersed innocent people into, some as young as 18 but saddled with debt for the rest of their days. Thats not to mention the other outcomes which do happen, like the 27 year old mother of 2 who threw herself under a train from pressure of credit card debts. I wonder, if all companies followed the rules of the Consumer Credit Act without exception, would she still be alive today? Would her kids still have mummy coming home after work? Oh yeah, but i just remembered, they probably wouldn't have the playstation and DVD equipment in their bedrooms, so i am sure their mother's suicide didn't bother them too much.

Tongue in cheek, you are damn right! I am comfortable with all of this, and so should we all be in my opinion.

 

Good luck, look forward to seeing how it goes for you.

Ciao for now

 

 

Tolstoy - think "War & Peace" lol.

As I said "sit tight".

 

Thought the bit about the kids was un-necessary.

[tolstoy]

Thank you TC! Yes its a little odd isn't it?! But all support welcome! Just posted another thread, I have fallen into trap:(

[TheChancellor]

Thank you TC! Yes its a little odd isn't it?! But all support welcome! Just posted another thread, I have fallen into trap:(

 

I would keep everyhing on one thread then we can keep track of your progress.

[A+]

Sorry for spending too much time offering support, wasn't aware there was a threshold.

Unnecessary bit about the kids, i see your point and apologise if that seemed offensive, it was actually meant in quite the opposite way. I have personally been very close to someone who had a heart attack at less than 40 years of age, and it was after 2 years of being illegally hounded by debt collectors over a debt which he had never ever entered into and knew nothing about. It was actually a name mixup, which he kept arguing for many months, but which took its toll on him and his entire family agree that the DCA threats caused him an enormous amount of stress and they all blame this harrassing activity as being the primary cause of his eventual and sudden death. It may be horrid, but i didn't mention it for effect in some calous way, on the contrary, i mention it because it DOES happena and people's lives ARE often destroyed or made extremely traumatic by the behaviour of these companies who choose to do whatever they wish regardless of the law, CCA and many other rules and guidelines. I was merely trying to show how trivial items like electrical goods can be so easily obtained when endless credit card offers land on your doorstep as happened to so many people between 1999 and 2004 without CCA rules being followed by those companies sending them.

I hope your situation goes well and you obtain any necessary proof of debt, or in the case that you don't, that you like many others on this forum do not pay money unduly to companies who would happily take your hard earned money without a shred of evidence of any money being owed in the first place for whatever reason.

I will leave all advice to the Chancellor in future

[tolstoy]

As it is now 14 working days since I my special delivery letter (requesting agreement) was signed for and no reply has been forthcoming, I have today sent a further letter (also by special delivery) advising that I believe they cannot take further recovery action until they have complied with my request for the agreement. I have also asked for details of the transactions which demonstrate how they have arrived at the figure which they claim is due. Anything further which I need to do please?

Thank you

[42man]

keep us posted...!! nothing else you can do at this point

[tolstoy]

Thank you 42man. I will indeed keep posting developments if any, I'm feel sure their axe is poised to fall upon me at any moment !

[tolstoy]

Today received letter from bank (17 working days after request for agreement) thanking me for my 'complaint', which they say they will respond to within 10 days. More delaying tactics I suppose, presumeably they need more time to 'recreate' the agreement!

[TheChancellor]

Today received letter from bank (17 working days after request for agreement) thanking me for my 'complaint', which they say they will respond to within 10 days. More delaying tactics I suppose, presumeably they need more time to 'recreate' the agreement!

 

I would remind them that the account is now in Dispute.Keep the pressure on.

[tolstoy]

I have now received reply from the bank to my letters requesting copy of my credit agreement. They have sent 5 pages of terms and conditions. At the top it says 'This is a copy of your credit agreement for you to keep'. Having studied the sticky about what needs to be contained within the agreement I would say it meets the requirements laid down. However there is absolutely nothing on any of the pages which relate the document to me personally, or indeed anybody else! It is simply a copy of the terms and conditions. Can anybody be kind enough to suggest what I should do now? Thanks.

[tolstoy]

Does anybody know if a generic set of terms and conditions satisfies the legal requirement for producing a CCA please?

[42man]

Can you scan/photo what they have sent you and post it up here (minus the personal details, ref numbers etc)....use Image hosting, free photo sharing & video sharing at Photobucket if need be (free)

[42man]

So have they sent you an application form with your personal details on ? Does it look like the terms are current ?, they should have sent you a copy of your EXECUTED agreement....