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Challenge my Credit Agreement


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Hi,

I am new to the site but would like to know how I can challenge my credit agreements.

I used the moneysavingexpert site to reclaim my bank charges sucessfully.

I have credit cards with Natwest, MBNA and Barclycard and a Loan with Nationwide.

Please could someone explain to me how I go about doing this..

Thanks alot...

Cat xxx

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Hi and welcome to CAG. I have asked a MOD to move this to the correct place so you can get all the help you need.

 

I would also recommend you start a new thread for each credit card/loan. For now, you can send them the following letter. Send it recorded delivery, include a £1 postal order and PRINT do not sign your name.

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Dear Sir/Madam

 

Re: Account no: xxxxxxxx

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

 

Yours etc

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Hi Clemma,

Thank you very much for your help. If I send this letter can this cause me any problems - i.e. can the companies demand all of the credit back immediately - as I cannot afford to pay this back all at once. Also could this affect my credit flie / score? Do I continue making payments until the matter is concluded?

Thanks,

Cat

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It is your right to ask for this information and will not affect anything. You can maintain your payments, BUT if they were to send something unenforceable (i.e anything not containing the prescribed terms) then you can stop payments as the account will be in dispute.

 

As for your credit rating - unfortunately, some of these banks/cc companies continue to process your data and place markers on your file when you put the account into dispute. They are not supposed to do this, but they are a law unto themselves. There is also the chance that they will pass this on to a DCA (if that happens, don't worry AT ALL - they can not do this either). Of course, this will only happen if you did not maintain your payments OR the bank/cc company do not do the right thing by putting the account on hold until the dispute is resolved.

 

If they were to send back an unenforceable agreement, you can send them a s10 notice, which basically demands they stop processing your data (under the Data Protection Act) as they have no agreement, signed by you, giving permission for them to do so.

 

However, this is all a long way off. Send off the CCA requests first. They have 12+2 working days to reply. You can scan and post any documents you receive on here and you will get all the help you need.

 

Have a good read around the forum, you will find lots of people in similar situations to yourself.

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