baloney999 / CCA Request

[baloney999]

Not sure if I should be starting a new thread with this (or how to really) but:

 

I have sent a CCA request to a debt collection agency and they have returned my £1 fee and replied stating that,

 

"This account from which the above amount is due relates to a bank account that you held with Abbey National PLC.

Whilst this account is a regulated agreement I would refer you to Section 71(b) of the Consumer Credit Act 1974 whereby any requirement to supply a copy of the agreement is exempt for current bank accounts."

 

The account was a 'flexible loan account' which I understood to be a 'running account' like a credit card. It stated in the agreement that "we will tell you from time to time what your flexible loan limit is", together with APR and interest rate information and details of monthly minimum payment. There was no provision for, or reference to a credit balance at all. It also clearly stated that it was a credit agreement regulated by the Consumer Credit Act 1974.

 

I'm guessing that this is a ruse and I should write back to firmly refute the suggestion that it is a current account and hold out for compliance with the CCA Request. The problem is I am not entirely sure about the definition of a 'current account' in this case.

 

Does anyone have any similar experience, advice, comments or suggestions - I can provide further information if necessary.

[maroondevo52]

Post moved

[cerberusalert]

You could go the SAR route instead but that costs £10.

[palomino]

The DCA is correct. Current accounts are not covered by the Consumer Credit Act.

 

That said, if the account is a loan account then it is. You might have to make this point forcefully.

 

As for the definition of a current account then I'm sorry I can't help. It's not a question I seen asked before. You might get some more pertinent information details over in the Bank Action Group.

[baloney999]

I thought about it a bit and took a slightly different route: I sent this:

 

"I have received your letter of 28 Jan 09. I am disappointed that you have been unable to comply with my statutory request for a true, signed copy of a regulated credit agreement made in my previous letter dated 22 Jan 09.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act, 1974 and is a complete defence in any court claim that is issued. It also remains unenforceable until such time as a default is either removed or enforced by a court of law. This means that any attempt by your company to enforce this alleged agreement will represent a further offence until such time as it can be produced in court.

 

As you have been unable, or are unwilling to provide me with the requested information, it is my belief that you were never in possession of a true copy of the alleged agreement, or of a signed, true copy of a Deed of Assignment. In light of this, I find it astonishing that you have coerced me into making regular monthly payments to you for over a year by making me believe that you had legal authority to make a demand for payment. Had I been aware of the true circumstances and my rights in this matter I would have strongly disputed your authority at the outset. If my belief is correct, your actions could even amount to a criminal offence of obtaining property by deception.

 

The law set out in the Consumer Credit Act 1974 must be abided by everyone; people and companies alike and taking the above into consideration, I am confident that no court would look favourably upon your failure to provide true, accurate information which I had assumed that you already had in your possession prior to issuing letters demanding payment. Consequently, these unwarranted letters must cease whilst this matter is in dispute.

I would now request that if you are sure that this matter does relate to a current account that I held with Abbey National PLC you provide documentary evidence of that fact or alternatively supply the information I have properly requested in my previous letter in accordance with the Consumer Credit Act 1974."

 

Now I will just wait and see..

[cerberusalert]

You'll probably get the same reply stating that it is not covered by the Act. So the only other route would be via a SAR. That would give you everything they have including letters, statements etc, but they have 40 days to provide it.

[baloney999]

They just ignored my letter and sent another demand for payment (or they may have crossed in the post as Royal Mail have been delayed because of the snow).

Is there a template somewhere for a Subject Access Request?

[maroondevo52]

Hi,

 

You'll find one here...............

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

There is a more detailed one you could use.........

 

 

Data Protection Act 1998

 

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

IF YOU RESPOND WITHOUT PROVIDING THE ABOVE INFORMATION - IT WILL BE PRESUMED THAT YOU ARE UNABLE TO REPLICATE OR COPY ANY OF THE ABOVE REQUESTED ITEMS

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

sign your name but put crosses through it so it can't be 'lifted'

 

 

Regards.

 

Scott.

Edited February 4, 2009 by maroondevo52