Advice on 2 CCAs please

[WelshMam2009]

OH has answered a call [ I know he shouldnt but hes away at the mo ] . They referred to the last letter that said they had provided best copy of CCA that they have [ the illegible T and C one ] and said that they have provided all the requested info .

They now require payment by tomorrow or they are getting the ' legal team ' involved.

OH a bit worried now ...

 

Any advice ?

 

Have you put the account in dispute yet Summer??

 

I read the last letter but it doesn't seem to mention it.

 

This is what I would send them...amend to suit...I pinched it off someone else on here but can't remember who!!

 

Account In Dispute

 

Ref:

 

 

 

Dear Sir/Madam

 

 

 

Thank you for your letter of xx/xx/xx, 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 **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.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. This limit has expired

 

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.Therefore this account has become unenforceable at law.

 

As 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 in dispute.

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 therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully, **Print name do not sign**

[summerbreeze]

Thanks Welshmam

I sent much the same letter as that on 6th Feb and demanded a legible copy . I did use the part of the act that refers to legibility of the documents .

I didnt invoke the complaints procedure though ...should I do that now ?

Edited March 25, 2009 by summerbreeze

[WelshMam2009]

Thanks Welshmam

I sent much the same letter as that on 6th Feb and demanded a legible copy . I did use the part of the act that refers to legibility of the documents .

I didnt invoke the complaints procedure though ...should I do that now ?

 

I would put in a letter headed COMPLAINT and also reiterate that the account is lawfully in dispute. You have to become as much of a pain in the backside to them as they are to you!!

 

I would be inclined to ignore their threats to pay. The legal process is long and convoluted...

 

There's much discussion on here as regards what they have to send you in response to a CCA request. However, it most certainly should be legible in my opinion.

[lexis200]

I would put in a letter headed COMPLAINT and also reiterate that the account is lawfully in dispute. You have to become as much of a pain in the backside to them as they are to you!!

 

I would be inclined to ignore their threats to pay. The legal process is long and convoluted...

 

There's much discussion on here as regards what they have to send you in response to a CCA request. However, it most certainly should be legible in my opinion.

 

You could do with having a word with angel_1 Summerbreeze, as TS confirmed to her what WelshMam has said.

 

Lexis:)

[lexis200]

OH has answered a call [ I know he shouldnt but hes away at the mo ] . They referred to the last letter that said they had provided best copy of CCA that they have [ the illegible T and C one ] and said that they have provided all the requested info .

They now require payment by tomorrow or they are getting the ' legal team ' involved.

OH a bit worried now ...

 

Any advice ?

 

Again, I'd agree with WelshMam here. OH had many threats of legal proceedings from them, but they so far (and touching all wood I can see:D) have not done anything. We've been paying them a reduced sum (on what appears to be an enforceable agreement. Possibly) since August last year. They have never accepted the amount we offered, but we just changed the d/d for a s/o that they had no control over it. They waited their obligatory (according to them) 7 months, then Defaulted OH (incorrectly) and passed on the account to Debt Clear Recoveries. Still no court proceedings, and that's with an enforceable document.

 

Until you get an actual factual Court Claim plop on the mat, I'd be pretty inclined to assume it's just threats too. Worrying threats admittedly, but try not to get too concerned about it yet:)

 

Lexis:)

[Pinky69]

That's what happens when you take calls from them - they threaten you and get you worried. The Golden Rule No 1 of "don't speak to them" is good advice.

[summerbreeze]

You could do with having a word with angel_1 Summerbreeze, as TS confirmed to her what WelshMam has said.

 

Lexis:)

 

Thanks Lexis

I will send her a little note later today

[summerbreeze]

That's what happens when you take calls from them - they threaten you and get you worried. The Golden Rule No 1 of "don't speak to them" is good advice.

 

So true and I have told him off AGAIN:D

[summerbreeze]

I would put in a letter headed COMPLAINT and also reiterate that the account is lawfully in dispute. You have to become as much of a pain in the backside to them as they are to you!!

 

I would be inclined to ignore their threats to pay. The legal process is long and convoluted...

 

There's much discussion on here as regards what they have to send you in response to a CCA request. However, it most certainly should be legible in my opinion.

 

Ok I will construct the letter and will re- quote the legibilty requirements and make sure they know its a dispute and a complaint

thank you

[lexis200]

That's what happens when you take calls from them - they threaten you and get you worried. The Golden Rule No 1 of "don't speak to them" is good advice.

 

Unless you've been doing it for a while and have got a bit more confidence, then it's quite amusing to have little 'chats' with them. I find they're always very appreciative when they threaten you and you essentially laugh at them for it. I reckon it makes their day:D

[WelshMam2009]

M&S Money had me in tears during one call and I swore never again...especially as my children were in the house at the time.

 

Now I'm out to get them (still waiting for CCA) as I'm hoping it's going to be unenforceable!!

[lexis200]

M&S Money had me in tears during one call and I swore never again...especially as my children were in the house at the time.

 

Now I'm out to get them (still waiting for CCA) as I'm hoping it's going to be unenforceable!!

 

I hope you do - that's despicable treatment to receive.

[WelshMam2009]

I hope you do - that's despicable treatment to receive.

 

Thanks Lexis...as I've said before, it's the forum and the people on here that help give me strength and courage to fight the little bankers!!

[underdog13]

Totally agree Lexis - go get 'em Welshmam:)

[WelshMam2009]

Totally agree Lexis - go get 'em Welshmam:)

 

LOL See what I mean!!! 'snuff said

 

Thanks guys....