no reply to credit agreement request

[kwakmanuk]

Hello i have sent my request for a copy of an agreement between myself and capital bank (part of bank of scotland),my letter was signed for 30/03/09 but i have not had a reply yet.Can some kind sole please tell me what to do next please,at the moment i have still paid my monthly amount should i continue ? Kind regards kwakmanuk

[peter1234]

you need to wait 12 +2 working days

[cerberusalert]

It's up to you whether you continue payments, but you are legally entitled to withold payment now until they provide you with an enforceable agreement, send them this;

 

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 **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,

[MikeBigg]

Furthermore;

 

 

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.

 

 

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.

 

 

Cerberus,

 

there seems to be some inconsistencies in these two paragraphs of your oft-posted template.

 

In the first paragraph, the As... goes nowhere. Should it?

 

In the second, you mention 21 days at the beginning and 14 near the end. Which should it be? Can we choose either?

 

Thanks and regards,

 

Mike

[kwakmanuk]

thank you for that i will wait until 17/04/2009 and send them this and post back when they have responded.

[cerberusalert]

It's a typo in the original it should be 21 days.

[MikeBigg]

Thanks - what about the first paragraph? Is it just a matter of removing the "consequently" and changing the full-stop to a comma to make it read right?

 

Regards,

 

Mike

[cerberusalert]

Yes

[MikeBigg]

That's great - i've gpot three of these going off tomorrow - and they're all finished in time to watch The Noisettes on Later ... with Jools.

 

I'm not sure which I'm most excited about lol

 

Regards,

 

Mike

[kwakmanuk]

i have sent my letter off nearly three weeks ago and still i have not heard nothing,my next payment is due to go out on the 12th of this month but i have cancelled the direct debt,have i done right or should i continue to pay until i hear anything from capital bank ? thank you for your time and patience.

[cerberusalert]

You are legally entitled to withold payment whilst the a/c is in dispute. Stopping payment hopefully will give them that extra nudge to actually respond to you.

[kwakmanuk]

thank you for the quick response, i will hold my nerve and wait until they contact me.

[BigCharlboy]

Can you help me please.

 

I have had various correspondence going back and fourth since October 08, I wrote letters from templates on here using the Con Credit Act etc and my bank have finally admitted that they have lost the credit agreement, however, they have sent me a notice to default and reopened my "closed" bank account to try and take monies, obviously because this was closed, there were no monies so they have subsequently charged me £135 in total now and they have also sent a default notice for this money too. Can they do that, take money from a closed bank account that they have decided to reopen? Surely that can't be right.

 

They state in the default notice on my loan that the court action will only be taken if they can fulfill the section 77(1) of the consumer credit act - does that mean if they find the agreement they can take me to court, if they don't find it, they can't?

 

I've already written to them to state that they cannot use my personal data etc etc if they have no signed agreement that gives consent for them to do so, but so far they have ignored two letters to this effect, they just keep sending me notice to default letters.

 

Where do I go from here?

 

BTW, they have admitted in one of their letters that they cannot find the agreement and that they "will be unable to take steps to enforce repayment of the loan but they will report the default to the credit reference agencies".

 

Any help much appreciated please - thanks

[cerberusalert]

Can you help me please.

 

I have had various correspondence going back and fourth since October 08, I wrote letters from templates on here using the Con Credit Act etc and my bank have finally admitted that they have lost the credit agreement, however, they have sent me a notice to default and reopened my "closed" bank account to try and take monies, obviously because this was closed, there were no monies so they have subsequently charged me £135 in total now and they have also sent a default notice for this money too. Can they do that, take money from a closed bank account that they have decided to reopen? Surely that can't be right.

 

They state in the default notice on my loan that the court action will only be taken if they can fulfill the section 77(1) of the consumer credit act - does that mean if they find the agreement they can take me to court, if they don't find it, they can't?

 

I've already written to them to state that they cannot use my personal data etc etc if they have no signed agreement that gives consent for them to do so, but so far they have ignored two letters to this effect, they just keep sending me notice to default letters.

 

Where do I go from here?

 

BTW, they have admitted in one of their letters that they cannot find the agreement and that they "will be unable to take steps to enforce repayment of the loan but they will report the default to the credit reference agencies".

 

Any help much appreciated please - thanks

 

 

 

Make a complaint to your local trading standards & the OFT with regards to their harassment and threats, they are in clear breach of OFT guidelines & CPUT;

 

Debt collection guidance - Final guidance on unfair business practices - oft664

 

[email protected]

 

The Office of Fair Trading: Debt collection practices

 

tel: 020 7211 5823

[BigCharlboy]

Thanks - I'll do that, although I had threatened it in one of my letters, but they keep ignoring it.

[BigCharlboy]

Hi Cerberus

I've just read through everything that you advised and have found a template to report the bank to the OFT. There is a bit in Section 2.6, item H about them ignoring/disregarding claims that the debt is in dispute which is exactly what they are doing. I have written to them with templates off here, which have gone ignored, they just keep sending the intention to default letter. Interestingly however, at the start of it all, they were replying to my letters and one of those admitted that they couldn't enforce the debt without the credit agreement, but I think the default letters are the only "hand" they have to play and they will continue to send these, which is why the harrassment avenue is the best to do down.

 

I'm sure the OFT will be also be interested to know about them applying bank charges to an account that was on zero, closed and not in use. I find this horrendous, how can they be allowed to do that?

 

I will reply on this thread once I hear anything further.

 

Thanks again for your help!

[kwakmanuk]

Helo again,i have still not heard anything from capital bank and my payment was due 10th may.is there anything i should do know or lust wait for them to contact me . thank you

[cerberusalert]

Just wait for their next move.

[kwakmanuk]

they have not made any moves yet,no reply to my request for a copy of my agreement ,no reply to my account in dispute letter,no account in arrears with experian nothing,

[cerberusalert]

Look on the bright side, if they carry on like this for six years it'll be Statute Barred anway.

 

Joking aside, there's nothing much more you can do until they decide to pull their finger out. As it stands now, because you've disputed the a/c it is in limbo. They can't take any enforcement action, pass it on, add charges or process your data.

[kwakmanuk]

finally i have had some contact,a letter from bank of scotland telling me my account is in arrears and to make payment or they will register a default at the credit agency reference agencies,terminate the agreement and require me to pay the remaining balance,issue court proceedings. My original agreement was with capital bank not bank of scotland,i have been sending my letters to capital bank does this matter ? and what is my next plan of action please, kind regards kwakmanuk

 

p/s they have added 25 pounds missed payment charge.

Edited May 27, 2009 by kwakmanuk
forgot to mention this

[cerberusalert]

It seems as if they haven't received your letters with you sending them to Capital Bank so it might be prudent to resend the CCA to BoS.

[kwakmanuk]

Hello again, i have checked addresses and the letter i received this morning came from the same address i have sent my letters to.Capital Bank is part of Bank of Scotland all part of HSBOS. I have sent my letters recorded delivery and the have been signed for so they must have received them.Is there any more advice you can give me please.

[cerberusalert]

Make a complaint to your local Trading Standards & the OFT;

 

 

 

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/DebtCollectionComplaintForm.DOC

 

The Office of Fair Trading: Contact us

 

[email protected]

 

The Office of Fair Trading: Debt collection practices

 

tel: 020 7211 5823

[squidward]

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