cca is it enforcable

[ray523]

many thanks for the information. I will phone trading standards, i have nearly finished my letter so i can e-mail it to oft, and the information commisoner i have downloaded their complaints form, Well at least thats going to keep me busy until tea time:lol:

Once again i can not thank you enough for your time and information

much appreciated

[ray523]

Should I Also Send Them The Copy Of My Cca They Sent Me?

[cerberusalert]

Yes

[ray523]

Well i have sent the e-mail to oft, filled in the paperwork for the information commissioner's office which i will post tomorrow and i will phone trading standards tomorrow also.

i'll keep you updated as soon as i get any info back

regards

[ray523]

Hi,

Received my first response since complaining to the relevant authorities. This one is from The OFT

 

 

 

Thank you for your email received on 23 February 2009.

 

I am very sorry to hear about the difficulties you have been experiencing, however the OFT has no authority to become involved in disputes between consumers and traders and so we cannot offer you any direct help with the complaint or advise you directly in this matter. Our role is to protect the collective interests of consumers.

 

The above mentioned Act established a licensing system to protect the interests of consumers in the credit area. If a business wishes to undertake the collection of debts that arise from consumer credit agreements then the Act states that they are required to hold a consumer credit licence; this is issued by the OFT. The above trader holds a consumer credit licence. Under the Act, the OFT has a duty to consider the fitness of all traders who hold consumer credit licences.

 

In considering fitness we take into account whether a business has engaged in improper business practices. Where we receive complaints about the business practices of licensees, we investigate them and where appropriate we take enforcement action; that action depends on the evidence and circumstances. Action the OFT can take includes revoking, refusing or suspending a licence; or placing conduct requirements on the licence of the company or business in question failure to comply with a conduct requirement can result in a financial penalty being levied).

 

The OFT has issued guidance to consumer credit licence holders engaged in the debt collection industry. The guidance is intended to ensure that debt collectors treat debtors fairly. Non-compliance with this guidance will call into question the fitness of licence holders and applicants. You can view our guidance at: www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/debt-collection

 

I have noted the details of your complaint, and we will consider this alongside any other complaints we have received with a view to any licensing action we may decide to take. If we do take any licensing action against this trader, it is likely that we would need to disclose your identity to this trader along with details of your complaint. I should therefore be grateful if you could sign the enclosed consent form and return it to me in the enclosed freepost envelope. Unfortunately, we cannot disclose any details about any action we may take, due to restrictions on the OFT relating to disclosure of information (Part 9 of the Enterprise Act 2002).

 

Providing copies of agreements regulated by the Act

As you may know, s63 of the Act covers how and when lenders must provide consumers with a first (and where appropriate second) copy of a regulated agreement. It is clearly in the lender’s best interests to retain details of the original agreement and any subsequent variations or changes made to it, particularly as consumers can request a subsequent ‘true’ copy of most types of agreement under ss77 and 78 of the CCA (and on payment of the appropriate fee). There are rules about what is likely to constitute a ‘true copy’ under these sections of the Act. Further, if a consumer does make a valid request for a copy of their agreement under these provisions and the lender does not comply with the request the agreement may not be enforceable in the Courts, subject to any other mitigating factors.

 

Should you require specialist advice or assistance on the circumstances of your complaint (including in relation to the above provisions about copy requirements), you may wish to contact your local Citizens' Advice Bureau or seek advice direct from a legal adviser.

 

The Financial Ombudsman Service (FOS) can help with most complaints about consumer-credit products and services if the consumer has failed to satisfactorily resolve the matter directly with the financial institution itself. FOS can be contacted at: The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London, E14 9SR; telephone number, 0845 080 1800, or www.financial-ombudsman.org.uk.

Thank you again for writing to us and bringing this matter to our attention

 

Yours sincerely

Enquiries and Reporting Centre

Office of Fair Trading

Edited February 27, 2009 by ray523
REMOVING THE WORD (FONT) SO IT IS MORE CLEAR TO READ

[ray523]

Is this just a standard letter they send out?

only i did send them my cca and was wondering if this section has any bearing on what i sent them

Providing copies of agreements regulated by the Act

There are rules about what is likely to constitute a ‘true copy’ under these sections of the Act. Further, if a consumer does make a valid request for a copy of their agreement under these provisions and the lender does not comply with the request the agreement may not be enforceable in the Courts, subject to any other mitigating factors.

[cerberusalert]

As they say, they don't act on individual complaints but they do collate them as evidence for future action. That's why they want you to supply copies of the agreements etc.

[Enlightenment]

I've just received the same as the OP but with different amounts, but they have also sent a copy of their 2008 credit agreement with no name and address or signatures on it. Account was taken out in 2001 LOL

 

I send them the same letter?

[ray523]

Hi,

Yes i think so, but i am new to all of this so i would wait for someone more experienced to come along and give there opinion.

[Enlightenment]

Anybody?

[ray523]

If you think your cca is unenforceable then i was told to send the dispute letter. Hope this helps.

[cerberusalert]

I've just received the same as the OP but with different amounts, but they have also sent a copy of their 2008 credit agreement with no name and address or signatures on it. Account was taken out in 2001 LOL

 

I send them the same letter?

 

Yes send them the letter in post #6

[Enlightenment]

Many Thanks

[ray523]

Hi,

Just received my first letter from the ICO.

 

Dear Ray523,

Thank you for contacting the information commissioner's office. This letter is to confirm the safe receipt of the information you sent to us.

We will contact you again when your correspondence has been considered by a member of our customer service team. You will be provided with a reference number and either provided with a response to all the matters you have raised or be told what will happen next.

yours sincerely

front line operations.

 

Also since sending the dispute letter to Kays, they have not gotten back to me, in their complaints procedure leaflet they sent it should have taken upto 4 weeks max that ended on the 4th march so they have not followed their own complaints procedure.

[ray523]

:DSMALL VICTORY:D

Hi everyone,

Just received final response from kays

 

Dear Ray523,

Further to our letter dated 29th Jan 09 concerning your request for a copy of a signed credit agreement, I am writing to confirm my actions.

As previously acknowledged, all complaints received are taken very seriously and a full investigation is always carried out. I am sorry for the delay in responding but am sure you will appreciate, that a detailed investigation was necessary. As a result of this, I would like to clarify my findings:

I can confirm that as we are unable to locate a copy of the original signed credit agreement, we will not be enforcing the above account for the outstanding balance, of £317.18. However, if we subsequently locate this agreement, we reserve the right to recommence collection activity.

I should explain that, whilst a court has power (under section 127 of the Consumer Credit Act 1974) to decide that we cannot enforce the agreement, it does not mean that the debt does not exist. There is clear evidence of a credit based relationship between the shop direc t group and yourself.

As the debt remains unsatisfied, this will be noted on our internal file for future reference. This information will also form part of your clients records at the credit reference agencies where we share information. This information will remain on your credit reference file for six years.

By you providing information to us for the purpose of ordering goods and opening a credit account, you have signified your consent to us processing your information. We outlined how we would use this information in our data protection policy at the time your account was opened. The policy also specifies that we will share information with the credit reference agencies regarding the performance of your account.

sincerely

Karen Naylor.

-----------------------------------------------------------------------

I want to say a big massive thanks to cerberusalert for his help.

I was wondering if i should now offer a full and final settlement?

[cerberusalert]

I was wondering if i should now offer a full and final settlement?

 

That is up to you, but if you do you want it in writing before you make any payment with the proviso they remove any adverse information they have lodged with the credit reference agencies.

[ray523]

Thanks cerberusalert, i will find a letter template and offer a full and final settlement, do you think it would be a bit to cheeky to offer between £50 upto a max of £100.00 ?

[cerberusalert]

Even if you offered 10% it would be a lot more than what they are entitled to.

[ray523]

Thanks,

Is letter J from the template library below the right one to send

Dear Sir/Madam

 

Re: 4563210025897412

 

We write with reference to the money which you are claming on the above account.

 

We can confirm that we are unable to offer to pay the money which we owe in full. However, I can raise £775 and I want to offer this as an ex−gratia payment in full and final settlement of the account. This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that we will be released for any liability.

 

We also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as "satisfied" in full.

 

Payment can be made within 2 weeks of receiving your written agreement of this offer and method of payment.

 

We look forward to receiving your reply.

 

Yours faithfully

[cerberusalert]

We also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as "satisfied" in full.

 

I would change that to;

 

We also request that, if accepted, you will remove all default entries or other adverse information which you may have registered at any credit reference agencies.

[ray523]

will get that printed off and sent.

once again a biggggggg thank you

[minmoo]

Hi there, was there any update to this? Did they accept your offer?