Blank unsigned cca from studio

[microbar]

I requested a cca from studio,

As I am not able to pay studio my regular monthly payments due to ill health,

But they wont accept my token payment,

I am currently getting Incapacity benefit. And recieved a blank unsigned credit aggreement

this morning, with the following letter.

this account was opened july 07

My question is can studio enforce this blank credit agreement thanks.

 

Dear mr ****

thankyou for your recent letter

your total outstanding balance including arrears is £****

interest charges and default sums will be held pending an offer of

payment.

this agreement is not covered by insurance.

A specimen copy of the credit agreement is enclosed,

The original should be in your possession.

I hope this information is of help.

and I request a reply before **-nov_08

with a definite offer of payment

[ScarletPimpernel]

Creditors are allowed to send 'examples' like this to fulfil a CCA requst. However, they need to be able to produce the original executed agreement to take court action and enforce the debt.

 

I suggest a short reply.

 

Dear Curs

 

Thank you for your letter dated (date), and for enclosing a specimen credit agreement. However, I requested a true copy of the executed agreement.

 

You will be aware that without the original agreement, any alleged debt is unenforceable at law. Therefore, if you are in possession of the original executed agreement, please send me a copy without further delay; if not, please confirm this in writing.

 

(if they didn't include a statement of account, or any other document referred to in the agreement) I note that you have not yet supplied the other documentation required by the Act, and so have yet to fully comply with my formal request. As the statutory time limit has now passed, you are in default and so any demand for payment is unlawful.

 

Yours etc.

[microbar]

Creditors are allowed to send 'examples' like this to fulfil a CCA requst. However, they need to be able to produce the original executed agreement to take court action and enforce the debt.

 

I suggest a short reply.

 

Thanks for your reply ScarletPimpernel

 

Is it true that After April 2007 a signed credit agreement is no longer needed to enforce in court.

[ScarletPimpernel]

The Consumer Credit Act 2006 changed the ability of the Courts to enforce agreements that had not been properly executed. It applies only to agreements entered into after 06 Apr 07. So where (with a CCA 74 agreement), if it's not properly executed the Court is not allowed to enforce it, now the Court has discretion. As I understand it, and I'm sure there are others who will have a view on this, this means that the creditor must still prove that you entered into an agreement, and that the terms and conditions of that agreement were exactly as they say they are.

 

I am not certain if the definition of 'invalidly executed agreement' includes no written agreement at all. Nor am I certain if it's enough for them to say 'the customer must have signed an agreement, but we're hopeless at admin and can't find it', or 'the customer must have had an agreement - look, we sent all these goods'.

[alfwithhair]

Studio are a pain in the preverbial a**e.

 

Even after admitting in writing that they have no signed agreement and cannot enforce the debt they will still set every DCA who will take the debt on to you, register defaults with the CRS's and make your life a misery.

 

Read my experiences with the idiots

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/114808-alf-studio-cards.html

 

I wish you the best of luck with these clowns

[42man]

Thank you for your response to my request under the Consumer Credit Act section 78.

 

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

 

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 and I am therefore advising that the matter is now in dispute . Whilst the matter 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.

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.

[microbar]

Despite studio catalogue defaulting on my cca request

And numerous attempts to persuade me that they do not need to send me a valid cca and there blank copy They sent me was acceptable,

I have stood firm in telling them to produce the signed agreement in court,

I have recieved a letter from DEBT COLLECTION & SECURITY

DEPT.S PO BOX 13 ACCRINGTON

On behalf of studio issuing a default notice for the full balance.

I think they are the inhouse debt collection company for studio,

can anyone suggest a suitable reply to these people,

Studio have already agreed in a previous reply that they cannot enforce this debt,Unless they produce the cca in court and yet they still persist

with there threatograms. thanks.

[PGH7447]

try this

 

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

ACCOUNT IN DISPUTE

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/DCA** and has been since DATE 2008. 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

As **original/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/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

Also be advised that I will only communicate with you in writing.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

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

[microbar]

Many thanks for your reply PGH7447

will send it off today thanks again.

[microbar]

I have been trying to get a valid cca from studio for almost 6 month now,

And all they can come up with is a blank agreement,

 

I have refused to pay them since they defaulted on my cca request.

I recieved a letter from DEBT COLLECTION & SECURITY Studios in house debt collection Threatening legal action.

So I used the Cival procedures rules

As they have initiated the threat of court action.

 

I have a right to All records they hold on me relevant to this case,

Plus the copy of the actual executed agreement including signature.

 

 

As I am legally allowed the opportunity to review my position in relation to there claim of alleged breach of agreement and any possible counter-claim

Under the cival procedure rules,

 

They replied asking me to send them £10 but this payment of £10

IS FOR A S.A.R. this is not what I asked for.

 

Can anyone recommend a reply it seems as though studio try and dodge every request for the true copy of my agreement

 

Thankyou.

Edited February 9, 2009 by microbar

[42man]

Did you use the CPR as recommended here - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

This might be of interest too

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/176937-pearlypinks-mint.html

[PGH7447]

Have they issued a court claim? or just threatened it

 

if court claim not issued then a SAR is the correct step

[ScarletPimpernel]

I have edited the font formatting out of your post.

 

There's no need to invoke the Civil Procedure Rules at this stage; all you need is a CCA request. Ignore their drivel about a SAR.

 

Send them this:

Dear Sirs

 

I do not acknowledge any debt to you or any company you claim to represent. This letter is a formal request pursuant to s.78(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the original executed agreement relating to the above-numbered account, together with all the other documentation required by the Act, within the statutory time limit of 12 working days. I enclose a postal order in the sum of £1.00 which represents the statutory fee for this request. Take notice that this payment does not represent any acknowledgement of any alleged debt, nor is to be used for any purpose other than this request. If you are unable to comply fully and properly the fee must be returned.

 

In your letter of (date) you have threatened me with legal proceedings. You will be aware that whilst the CCA 1974 allows you to fulfil a s.78(1) request with a document that does not contain signatures, you must produce the original executed agreement in Court, or there is no cause of action. You are reminded that the Consumer Protection from Unfair Trading Regulations 2008 states that threatening legal action where it cannot legally be taken is aggressive and unfair trading; I will not hesitate to report any offence to the relevant authorities.

 

Take notice that until you have complied with this request, no further correspondence will be entered into.

 

Yours etc.

[microbar]

42man yes I used the cpr as Recommended I thought as studio had threatened me with court action I was within my rights to ask for these details.

 

PGH7447 No just threats from there in house debt collection.

But I thought this would be an chance to use the cpr in order to get my signed agreement.

 

ScarletPimpernel

Thanks I will send this and see what happens

 

I dont suppose paying the £10 for the SAR would enforce them to send me the fully signed cca, As they have more or less said in the past they

are not able to fullfill my request for my cca as the cost for searching

for my documents would be prohibitive.

Sounds to me like they dont really have a signed agreement.

Thanks all for your replys.

Edited February 9, 2009 by microbar

[42man]

3 threads merged MB...it's easier to see the 'history' on this....

[42man]

If you are using CPR 31.16 then you don't need to send them £10....how many days did you give them to comply.

[microbar]

If you are using CPR 31.16 then you don't need to send them £10....how many days did you give them to comply.

 

I gave them 14 days to comply

They got back to me with the SAR Letter.

Can I still use CPR even though they have only threatend court action.

[microbar]

I have a disputed account with studio for over a year now

They have not supplied me with a valid cca

They then used robinson way to harass me

I told them the account was in serious dispute no cca,

Robinson way then passed it back to studio like a hot potatoe.

Now today I have received a letter from Howard Cohen

We have been instructed to prepare court papers for issue against you etc with threats of baliffs etc.

Can anyone reccomend a suitable letter to these morons.

And as they are threatening court action should I also CPR them

Thanks.

[Guest Old_andrew2018]

You could simply wait for these papers to materialise, then use the CPR.

[the_shadow]

Hi Micro,

 

Send them the letter in this link adapted to your needs of course.

 

S.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/575-letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request-

[debt4get]

ACCOUNT IN DISPUTE

 

Date:

 

Dear Sir or Madam,

 

Account number: XXXX XXXX XXXX XXXX

 

I am in receipt of your letter dated XXXXX

 

This account is in dispute with **original creditor/DCA** and has been since DATE .

Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My previous dispute from **DATE** has NOT been answered.

 

As **original creditor/name of debt collection agency** are now in default of my Consumer Credit Act agreementrequest 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 Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings 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

 

 

you can try this one if you like

[microbar]

Thanks for all your replies will send off suitable response tommorow.

[microbar]

I have just received a letter from lewis debt recovey telling me they will no longer accept my offer of £2 per month, And they have asked me to fill in an evidence of means form,

I am disabled and in receipt of benefit. I cannot afford to pay more than the £2 per month.

They have requested I ring them if i cant afford to increse my payments but I dont intend to ring them.

Can anyone sugget a reply in answer to there letter which is headed,

 

Evidence of means

Required to prevent court proceedings being instigated against you.

 

The original debt was with studio catalogue they have yet to supply a signed cca agreement,

But I have been informed they do not need an agrement with my signature on it.

Thanks.

[MARTIN3030]

They should be accepting your financial situ does not allow you to pay more.

How long have you been paying the £2 and have you kept up payments ?

You have no obligation to ring them,and neither should you be expected to if you have instructed this be kept in writing.

They are in breach of regs if they are failing to consider your position or seeking higher repayments if they are already knowing your situ.

Was there any charges levied against your catalogue account for late payments/overlimits etc ?

[themagician]

you are under no legal obligation to supply to any body your "evidence of means" unless its a court judge!

tell em to go forth & weres my cca agreement!