Could someone check this CCA please?

[Enlightenment]

I sent a CCA request on the 19th and got this back, just that no other pieces of paper;

 

 

 

Is this a true CCA and if not which letter do I need to send now?

Edited March 1, 2009 by Enlightenment

[tendogs]

Hi and welcome to CAG.

 

As for the form, it certainly does not seem to have the prescribed terms required. Why did you send the CCA request to the Nationwide in the first place? If you can let us know that then it might point us in the direction of the next letter.

[Enlightenment]

Thanks for the welcome.

 

I currently have KPR DCA chasing me for this debt, I have offered what I can afford and have been paying what I offered, they are not accepting my offer and continue to add interest and default charges, so this was my next step.

 

Would this letter be OK to send?;

 

Dear Sir/Madam

Re Account No/Reference No:: ...........

I do not acknowledge any debt to your company.

 

I wrote to you by Recorded Delivery ( Ref: .......) on 19th February 2009 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a 1.00 postal order as the fee payable. This letter was delivered and signed for on 20th February, 2009.

 

You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

 

In my letter of the 18th February 2009 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time K.P.R Debt Collection purchased this account, along with any other documents mentioned in the credit agreement. The one page document I have been sent is lacking reference to a credit limit, repayment arrangement and APR, it is also not signed by Nationwide Building Society.

 

Section 61 Signing of agreement

(1) A regulated agreement is not properly executed unless—

(b) the amount and rate of the total charge for credit (in the case of a consumer credit agreement),

 

Section 61.—(1) states A regulated agreement is not properly executed unless

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b) the document embodies all the terms of the agreement, other than implied terms, and

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits will expire on 10th March and 27th March 2009 respectively.

 

As you are no doubt aware, Section 78(6) states:

 

If the creditor under an agreement 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.

 

As such, once that the 12 working days have expired the account will be in dispute. Whilst it remains in dispute the agreement is unenforceable.

 

Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request.

 

Data Protection Act (Data Protection Act 1998)

 

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

 

I also require that you remove all defaults entered by Nationwide Building Society and K.P.R. Note this is to be a complete deletion and not merely an amendment, and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

 

Yours faithfully

[Enlightenment]

Could I get some advice on that letter please? as I want to send it on Monday. Is it OK?

 

Thanks

[tendogs]

Seems fine apart from the section 61 (1) section, you have the subsections lettered and numbered and the final subsection ends with "and"

[tendogs]

OOps it's "60(1) is signed" got me confused

[Enlightenment]

Thanks Tendogs, yes well that's what it says in the Consumer Credit Act 1974.

 

I'll amend and get it sent off, thanks very much for your help.

[tendogs]

Keep us posted

[Enlightenment]

Keep us posted

 

I will do no doubt they will come back with a reply to that. They have already offered me a FAF, probably because they know they don't have the correct paperwork

[Enlightenment]

Right their 12+2 is up and no reply to that letter, what next?

[Enlightenment]

Received a reply, terms and conditions from 2005, application form (same piece of paper as in post #1) and statements. I presume this is not a CCA? where do I go from here?

 

Thanks

[Enlightenment]

Bump