CCA finally responded to - now what do I do???

[sjw1977]

Hi,

I sent in an SAR to Fenton Cooper (DCA acting on behalf of Rockwell/Tessera Credit Services) for my Halifax Unsecured Loan dating back to 31/1/2000.

The have sent me the application form, signed etc as it was back then as requested by the SAR request.

I was making payments regularly at £60 per month to repay the debt after a period of employment stability, but cut that off recently (about 3-4months ago) due to continual phone calls from them asking me to increase, or pay off the total sum.

Now that they have responded (my request was sent on 13/11/2008), they responded on 22/1/2009, please can you advise what I do next. As it was well out of the 12 working days that the initial letter requested (standard template letter from here) where do I stand?

Any help would be much appreciated

Thanks

Simon

[rory32]

Can you please post a copy of the application (remove all personal details first).

[Pinky69]

They are in default of a CCA request unless they send the copy of the agreement within the stipulated 12+2 days. At that stage the account goes into dispute and you can withhold payment. If they then send an agreement and it is enforceable, they are no longer in default of your request. You say they have sent you an application form. If you want us to have a look at it and check whether or not what they sent is enforceable, scan it, covering over your personal details, and post it on here.

[sjw1977]

Hi,

 

Scanned copies are attached.

 

I've also recieved a letter this morning suggesting that they would be happy to take a lump sum payment of £1739.33 to close the account? I think that as they were out of the 12+2 days to respond to the SAR they don't have a leg to stand on?

 

Am I correct - any tips appreciated

 

Simon

[sjw1977]

And anyone wants to PM me or direct email it would be much appreciated...

[Pinky69]

Your scans are too small to read - try photobucket. They have 40 days to respond to an SAR (12 + 2 for a CCA request) and non-receipt of an SAR doesn't make an agreement unenforceable. Also, it is better to keep the discussion on the forum so everyone can benefit from it.

[sjw1977]

Oh dear - the photobucket thing is blocked by my work firewall - I'll do it at lunchtime and get cracking...

 

Also, although the responded on the 18th Nov to a letter dated 13th Nov, i didn't actually get my Halifax application form back through the mail until 22/1/2009 - I make that over 40 days...

 

Any advice on the dates by any chance until 1200hrs when the firewall goes down?

[cadencealex]

Does receiving a 'true' copy , without signature... mean they have complied?

[supasnooper]

I think you're geting confused over your dates for requests.

 

A Consumer Credit Agreement Request made under the Consumer Credit Act 1974 has a timescale of 12 + 2 working days.

 

A Subject Access Request made under the Data Protection Act 1998 has a timescale of 40 calendar days.

[sjw1977]

If thats the case, no matter which one i requested they didn't provide either within either 12+2, or 40 days? Where do i go from here?

[cerberusalert]

If they haven't provided the CCA send them this;

 

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 77(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,

[sjw1977]

Here are the scanned pics of my letters.

 

Any help as always appreciated...

[sjw1977]

having a bit of a nightmare with the photo uploading too...

 

how do i make them a readable size?

Edited February 10, 2009 by sjw1977

[supasnooper]

A tutorial of how to get documents up here -

use www.photobucket.com (free) and the tutorial is here - Photobucket Video Tutorial

[sjw1977]

Here are copies of the scanned in letters.

 

Any help appreciated

 

Thanks

Simon

[supasnooper]

Hi sjw,

 

You appear to be having probs uploading the docs.

 

Don't open the scanned docs on your pc after you have scanned them.

 

Go to Photobucket and upload the scan to photobucket, then copy the "img" tag and paste in your CAG message.

 

Hope this helps.

Edited February 10, 2009 by supasnooper
wrong techy terminology

[sjw1977]

attachment attempt 3 million

[cerberusalert]

Rescan the documents again using the 'finest' setting A4. Save the file to your desk top & then go to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting Use the resize option to 'Message Board'and upload them there. Then Copy & paste the link back here.

[sjw1977]

If they haven't provided the CCA send them this;

 

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 77(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,

 

 

i sent the quoted letter on the 13th november. Fenton cooper sent me back a letter saying that they would look into things and get back to me as soon as possible (that was dated 18th November) and the next letter i received was simply with a comp. slip from Fenton Cooper with a photocopy of the Halifax Personal Loan Agreement attached (Yes i did sign it back in 2000)

 

I've had a ridiculous number of problems getting the pictures loaded up so am giving up, but now they have responded to my enquiry what do I do?

 

I have stopped my payments which were sat at £60 per month, and they are now phoning me every day.

 

Help much apprecaited

 

 

 

Simon