Help - 12 CCA Requests made

[Braveheart12]

Hi all,

 

Although this is my first post I have spent the last 3 month reading advise givien to other members on this forum. On 20/02/09 I sent CCA requests to 12 creditors (11 creditcards & 1 unsecured loan). So far I have recieved 1 signed agreement form Liverpool Victoria. The responses from the others so far are listed below.

 

Abbey: None

Halifax: Returned request as Postal order didn't have a Payee Name on it.

Barclaycard: Sent me a photocopied leaflet of Barclacards Conditions.

Mint: None

RBS: None

Tesco: None

HSBC: None

Egg: Refused to issue as my letter was not signed.

MBNA: None

Capital One: Sent me a leaflet of Terms & Conditions.

Post Office: None

 

 

I am under the impression that as 12+2 days has now passed I can dispute the debt. I have a standard letter to send those who have not responded or have sent T&C's. However can anybody give me advice on how to deal those creditors who have refused to process my CCA request (Egg & Halifax)?

 

 

thanks.

 

Me against them!

Edited March 9, 2009 by Me against them!

[Braveheart12]

Also if anyone can help, should I send the standard account dispute letter after 12+2 days or am I supposed to wait a further 30 days????

Edited March 10, 2009 by Me against them!

[Al1971]

Bumping this

 

I am in the same boat!

 

In particular, I received my postal order back with a big black "void" stapped on it from HBoS with a tick list letter saying I didn't supply account details.

 

They're at it!

 

Al

[Braveheart12]

I got another letter back from RBS today stating I must sign my CCA request letter. My address has changed since I took out the agreement they so they require a signature for security reasons before they will deal with the CCA request.

 

I don't know if I should send them an account dispute letter or send them a signed request. Obviously I do not want to do the latter as they could then use my signature. Any ideas?

[Al1971]

I would think you should send them the 12 days + 2 letter. You have fulfilled your side of the CCA request and they haven't.

 

I think you could just hand print your name on this letter.

 

But hopefully, other's might be able to help.

[Series3]

Dear Sirs

 

I refer to my letter dated xxx that was delivered via Recorded Delivery to your offices, received by you on xxxx, making a formal request for a true copy of the original credit agreement for the above account under the Consumer Credit Act 1974 (Sections 77-79).

 

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.

 

Under the terms of the above Act, a creditor has 12 working days to provide the requested documents. This deadline has now passed & I have not received the requested documents from you.

 

As I am sure you are aware, the absence of an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, renders the account completely unenforceable in law & I therefore consider that this account is in dispute with immediate effect.

 

I draw your attention to the legal requirement 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 therefore the following applies:

You must not demand any payment on this account, nor am I obliged to offer any payment to you.

You must not add any further interest or charges to this account.

You must not pass this account to any third party.

You must not register any information in respect of this account with any of the credit reference agencies.

You must not issue a default notice on this account

 

I hereby give you notice that if you proceed with any of the above actions, I will file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service.

 

 

 

 

 

 

see what I sent them in "series 3 v egg" in the egg section about not signing.

[Braveheart12]

Thanks for the advice, I will send all 11 a letter I currently have that is very similar to the one Series3 has posted, It just has slightly more detail on it with regards to dates. I will post up any further progress in due course.

 

thanks again.

[Braveheart12]

This is the letter I was intending to send.....

 

Account In Dispute

 

Ref:

 

 

 

Dear Sir/Madam

 

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 20/02/2009 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 06/03/2009.(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,

[Series3]

I thought that one was a little on the strong side for being late with me request, I didn't want to pull the pin until I get some response from them. Egg are just being awkward and mint are slow anyway after looking at the other threads.

 

It will make them sit up though..

Maybe someone with more experience could give you their view.

[Braveheart12]

I thought it was a bit strong too, but I want them to take this seriously and get things moving. I have about £25,000 spread amongst my creditors and I prefer to be dealing with them directly rather a bunch of DCA's. I haven't made any payments for 3 months and thought it was likely to start going in that direction.

 

Any other advice would be more than welcome.

 

Thanks

[Braveheart12]

Can anyone explain why most of Creditors are missing from my Credit Report? I have had several letters recently informing me that Defaults will put on my account but there isn't any information regarding the debt on my file. I'm sure some creditors were never even on my file to begin with but others having recentley removed their details?

 

Can anyone shed any light on why this may be?

[craigers]

Under 18s shouldn't be getting credit so how can the banks default you?

[craigers]

how the feck did that post in here?

[Braveheart12]

I was just wondering the same...wish I was 18!

[missdpd]

I would think it may be because not all lenders use all credit reference agencies. e.g one company may use experian and equifax and another company may just use experian to record their information.

[Braveheart12]

Ok thanks for that, I'll check equifax as I've only looked on experian.

[joemay]

Ok thanks for that, I'll check equifax as I've only looked on experian.

 

Hi - just wondered it you managed to find the other creditors. I am in the same position. I have checked both equifax & experian and there are 2 creditors missing:confused:

[Braveheart12]

I still have creditors missing after checking both Experian and Equifax, I'm not sure if it just because they have passed the debt to DCA's or because they haven't updated my records properly when they started to issue defaults aginst me. I was planning on waiting a few month then checking again. I would be over the moon if they are still missing! It'll save me time in the future trying to remove defaults from my file.

[Braveheart12]

Hi,

 

Can anyone give me some advice please?

 

I have a number of accounts that have been in dispute for 5 years now and will become statue barred by this time next year.

 

The problem is all the companies (banks/DCA's) have continued to add defaults to my credit report every single month!

 

Some have not provided CCA's and other have served faulty Default Notices.

Hopefully I'll make it through the next year without any court action.

 

In my original Account Dispute letters I stated they must not add defaults.

Are they allowed to continue to add these defaults forever?

I hadn't realised this was going on until I thoroughly checked my Credit File recently.

I really need these to be stopped and removed, otherwise I will never be able to get a mortgage in the future.

 

Thanks in advance for any help with this.

[theoldrouge]

defaults drop off your credit file 6 years from the original date of default. Not complying with a cca request does not prevent the reporting of a default, what it does is prevent the creditor from obtaining a judgement against you

[Braveheart12]

Thanks, yes I understand the original Defaults drop of after 6 years, but my credit file is being updated every month. Do these drop of after the the 6 years elapses as well? Every month shows a "D" for Default at the moment.

 

I'm worried they will stay on for a further 6 years after they stop updating my file, if they actually do stop!

 

If it all disapears after the after the original 6 years is up I'll be happy.

[dx100uk]

look in the debt SUMMARY

 

that will give a default date

 

when that reaches its 6th birthday

 

the WHOLE account will vanish.

 

it matters not what they put after that date

it will not hold it on your cra file.

 

dx

[Braveheart12]

Thanks for confirming that DX, I thought that was the case. I needed to be sure though.