Response to my CCA request

[leehuk1982]

Hi all,

 

I'm starting a new thread to my problem as the last thread was getting a little messy, so sorry to those who have already read / replied.

 

I sent a CCA letter to Regal Credit on 21st December, and they replied by saying that they will request a copy of the signed agreement from Barclays. To date, I have heard nothing, except for this letter which arrived yesterday...

 

 

NOTICE OF SALE

 

We have made every effort on behalf of our client to contact you in order to come to an acceptable agreement to clear the above liability, without success.

 

This letter is to formally advise you of our intention, in 14 days, to pass your account back to our client with the recommendation to them for the account to be sold. The impact of this to you will be that whilst the interest has been frozen during the period of our management of your account, this will be applied retrospectively and the full fees and charges detailed within our clients 'Terms & Conditions' will be added to your liability.

 

We are familiar with the process of the businesses that purchase debt from our client, their actions include extensive use of the Courts (including exploring all methids of Executing a Judgement) and/or a Collector will visit your home to duscuss this matter with you.

 

We strongly recommend that you contact us IMMEDIATELY to put in place an affordable arrangement plan before the account is no longer under our control.

 

Yours faithfully,

REGAL CREDIT CONSULTANTS LIMITED

Legal Department

 

 

I am planning on sending them a copy of my original CCA request, along with a copy of the letter they sent me back stating that they were requesting the info from Barclays. I'm planning on attaching those letters to a 'account in dispute' letter. I've amended the letter slightly, so could someone just scan over it and make sure it'll be ok to send? I want to get it sent off this morning...(Items in bold have been added by me)...

 

Dear Sir/Madam

 

Thank you for your letters of 22/12/08 and 16/01/09, 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 the 16th December 2008, I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79). A copy of this letter is enclosed for your reference.

 

On 21st December 2008, a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

Inmy letter of the 16th December 2008, I made a formal request for a copy of the signed, executed credit agreement for the above account under section 78(1) of the Consumer Credit Act 1974. 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.

 

To date, the only correspondence I have received from you regarding my request for a copy of the signed agreement is one dated 22nd December 2008, stating that you were “in receipt of my correspondence” and that you had “requested this information from our client”. A copy of your letter is again enclosed for your reference.

 

I have today received a letter from you of a “Notice of Sale” of the alleged debt. As you will be fully aware, a credit agreement that is in dispute cannot be sold onto a third party.

 

The 12 working day limit has expired, and you have been unable to supply me with a true signed copy of the credit agreement, and as you are no doubt aware section 78(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.

 

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 indispute.

 

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

 

 

So folks - would that amended version be ok to send??

 

Thanks for all the help, it's much appreciated!

[42man]

Letter looks fine, however the 30 day offence has been taken off the CCA1974...so you'll have to delete that, all that happens is that if they don't reply after 12+2 working days then they will remain in default.

 

Take this bit out

 

"And

 

(b) If the default continues for one month he commits an offence."

[leehuk1982]

Hi All,

 

I have today received a letter from Regal Credit Consultants in response to my letter above. It reads as follows...

 

"Thank you for your letter dated 20th of this month.

 

Upon receipt of your earlier letter we made a request to our client for the documents you requested. We have sought an update regarding the progress of this process without success. In view of this position we have closed your account so you will receive no further communication from us regarding this matter.

 

This is our final response, should it not be satisfactory to you, the matter can be escalated via the Financial Ombudsman Service.

 

Yours sincerely,

Nigel Rutzler

Collections Director"

 

 

So what does this mean? Does this mean I won't have to pay the debt, or does it simply mean that they'll refer it back to Barclays and they'll sell it on to someone else? Or will Barclays have no alternative but to write the debt off?

 

Thanks,

Lee

[cerberusalert]

It means that they cannot provide you with a CCA so you can cease any further payments if you wish. Nor can they;

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* add further interest or any charges to the account.

* may not pass the account to a third party.

* register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

But saying that, it is not unknown for them to 'ignore' the above.....but that can be sorted:D

[leehuk1982]

It means that they cannot provide you with a CCA so you can cease any further payments if you wish. Nor can they;

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* add further interest or any charges to the account.

* may not pass the account to a third party.

* register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

But saying that, it is not unknown for them to 'ignore' the above.....but that can be sorted:D

 

Wooo hoooo! Excellent! Well if anything else crops up afterwards, I'll deal with it as and when!

 

So am I in a position to have the my credit file 'repaired' and have anything to do with this account removed from my name with Experian / Equifax etc? i.e. have late and no payments taken off my file?

[cerberusalert]

Wooo hoooo! Excellent! Well if anything else crops up afterwards, I'll deal with it as and when!

 

So am I in a position to have the my credit file 'repaired' and have anything to do with this account removed from my name with Experian / Equifax etc? i.e. have late and no payments taken off my file?

 

In theory yes, but it can be quite a battle see; http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/124065-default-removal-successes.html

[leehuk1982]

Hi all,

 

Regal credit today finally sent me my agreement that I had with Barclays, despite the letter I received preivously from them in post number 3 above. The agreement was only accompanied by a compliment slip, no letter asking for payments or anything like that.

 

However, the agreement they sent me is only a RE-PRINT of the agreement, and not an actual SIGNED copy!!

 

As there was no letter or anything that came with it, should I basically just forget it ever arrived in my post box, or should I send them a letter back stating that they are still in default, and that I thought it was gonna be the last time they were going to write to me (according to the letter in post 3)!!??

 

Regards,

Lee

[cerberusalert]

File all your letters together & put them on top of your wardrobe in unlikely event that you will need them again.

[leehuk1982]

File all your letters together & put them on top of your wardrobe in unlikely event that you will need them again.

 

 

hahaha!! Ok I'll do that!

 

Thanks!