None receipt of credit agreement

[mrjo90]

I have recently asked my bank for a copy of the credit agreement to which they have not responsded. I did as guided on this web site..postal order etc... they signed for the letter but nothing come back. 20 days now and counting.

 

Please can someone advise me what i need to do now?

 

many thanks

Mrjo90

[saintly_1]

Hi and welcome to CAG

 

You could send this letter amended to suit

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xxxxxx, 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 xxxxxx I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. You have failed to comply with my request, and as such the account entered default on xxxxxx.

 

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.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have 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.

 

And

 

(b) If the default continues for one month he commits an offence.

 

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 would also like to make you aware of this from the Office Of Fair Trading's web site.

 

Quote - In the absence of a copy of the original agreement someone's liability for a debt can only lead to

further query. However in circumstances like this we would view it is as unfair practice under

section 25(2) (d) of the Act and relevant to licence fitness if a trader failed to investigate and/or

provide details as appropriate when a debt is queried or disputed

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

 

Saint

[gyzmo]

I'm in the same boat. I waited until they wrote / called me and THEN sent a letter (similar to the above).

 

They have called since and have been told, as soon as announcing themselves as TSB, to put anything in writing and then had the phone hung up without giving them a chance to respond.

[mrjo90]

thanks for the letter. i take it i dont sign it as per the other letter. The examp,le you have provided seems very detailed. well if it stops me paying my loan off all the better. is there a follown on one from that should they answer or not??

[mrjo90]

HI, it has been 13 days now with no response to the original request. as per your follow up letter do I need to wait until 30 days then send the default letter. thanks

[saintly_1]

Have moved your thread to the General Debt forum

[mrjo90]

thanks, what happens now?

[cerberusalert]

HI, it has been 13 days now with no response to the original request. as per your follow up letter do I need to wait until 30 days then send the default letter. thanks

 

No you don't have to wait another 30 days, you can send the 'in dispute' letter tomorrow.

[mrjo90]

i only ask as it says that 30 days have passed in the letter thats all, and i dont want to cock this up....legally

[saintly_1]

Just remove the 30 days paragraph ...... that no longer applies

 

 

saint

[mrjo90]

thanks......what happens then...should the bank then notify me that the debt has been cleared?.....also can I claim my monies back or is that just pushing it to far?

[cerberusalert]

Don't send the letter above, it's out of date. Part of the leglislation was removed in May last year which made it offence after 30 days;

 

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.

 

 

 

Yours faithfully,

[mrjo90]

thanks, what happenes then, do they write to me and tell me the debt has been cleared off?

[gyzmo]

No, they'll probably send you another demand for payment. Seriously.

[deathbycrayons]

Either you won't hear anything from them again, or they'll just keep hassling you. But that is all they can do, hassle, may even pass you on to a DCA but then they are breaking the law.

[deathbycrayons]

Don't worry though as they don't have a leg to stand on without a valid CCA. Whatever they do, without the right paperwork they are unable to enforce the debt and to pursue you for it is illegal.

[mrjo90]

The abbey today sent me the agreement, only standard post. it was the original one i signed in Jan 2006. Is this the one they should have got me to re sign with the new rules? can some one advise me what to do next....thanks

[deathbycrayons]

Can you scan it up and put it on here please? Make sure to blank out any personal details and of course your signature. Someone on here will be able to have a look at it.

[saintly_1]

The abbey today sent me the agreement, only standard post. it was the original one i signed in Jan 2006. Is this the one they should have got me to re sign with the new rules? can some one advise me what to do next....thanks

You need to ascertain if the document they hace sent has all the prescribed terms.

 

This thread here http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html is very helpful

 

 

saint

[mrjo90]

can you give me your fax number and i will do this from work tomorrow.

[deathbycrayons]

No it doesn't work like that sorry, you'll need to scan in and attatch it to the thread.

[cerberusalert]

You'll have to scan it, remove identifying details and upload it to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting then copy the URL and paste it back on here.

 

If you don't have a scanner, you can take a picture with a digital camera using 'macro mode' & then upload the picture.

[mrjo90]

looking at my terms it has the following

 

A Amount of credit

A term stating the amount of credit

 

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments; _ Just staes monthly, but i assume that is enough

 

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

 

but not this

 

 

(d) Dates of repayments;

 

 

i guess i am stuffed and need to continue paying ;(

[mrjo90]

 

&

 

 

 

thanks

[deathbycrayons]

It looks legit to me....