New CCA REQUEST Any comments

[scott150663]

Hi all

 

Ive written a revised CCA request any comments on how to improve it further would be welcomed

 

Please note the old CCA request stated S77 (6) which was incorrect so i have amended it to S 78 (6)

 

Regards

 

Scott

 

 

 

 

[scott150663]

XX, Anystreet

Anytown

Anycounty

XX0 1XX

XX Anymonth 200X

The Loan Company

Company House

Anytown

Anywhere

XX1 0XX

Dear Sirs

Ref: Account No 1234567890123456

This letter is a formal request pursuant to [s.77-(for a fixed term loan agreement)/s.78-(for a credit card agreement)] of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation that the Act requires you to provide.

I expect you to comply fully and properly with this request within the statutory time limit. You are reminded that, should you fail to comply with this request, the provisions of [s.77(4)-(for a fixed term loan agreement)/s.78.(6)-(for a credit card agreement)] will apply.

If it is your view that you are not the creditor, s.175 of the Consumer Credit Act 1974 applies in the case of a simple assignment, and places a duty on you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 is clear that an assignment is both of rights and duties.

Your attention is drawn to ss.3, 5(2), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008.

I enclose a Postal Order in the sum of £1, which is the statutory fee. Note that these funds are not to be used for any other purpose.

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 the matter enters into default. If you are unable to reply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit, and return the fee.

If you are unable to comply with this request I will automatically consider you to be in default when the statutory time limit expires. And as [s.77(4)-(for a fixed term loan agreement)/s.78.(6)-(for a credit card agreement)] 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 1 month he commits an offence.

Please note that, should you be unable to comply, you may also consider this letter as a statutory notice under Section 10 of the Data Protection Act 1988 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 then, within 21 days, provide me with a detailed reasoning behind your continuing to process my data. Note that it is not sufficient to state that you have a “legal right”; you must outline your reasoning in this matter and state upon which legislation this reasoning depends. For the purpose of clarity, I will expect the 21 days to begin at the end of the 12 working day deadline for this request.

Should you not respond within this timescale, 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 properly executed 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 against the account

Consequently any legal action you pursue will be averred as both unlawful and vexatious. Furthermore I shall counterclaim that any such action constitutes unlawful harassment. I reserve the right to report your conduct in this matter to any such regulatory authorities as I may see fit.

I would appreciate your due diligence in this matter.

Yours faithfully

(Print name, don’t sign) send recorded delivery.

Edited December 2, 2008 by scott150663