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the story so far..........

CCA request sent to studio 20th April 09

signed for on the 21st April 09

today (24th April) received a letter from studio enclosing a "sample" agreement with my name & current address (that they have filled in)

but no signature (they won't have one as I never sent the original agreement back)

studio replyletter  to cca 24-04-2009 12;48;02.jpg

 

studio reply to cca request 24-04-2009 .jpg

 

Not sure if I have attatched the pics correctly?

 

Anyway the letter says.

Dear fm79

Thank you for your letter.

In order to comply with your request, I have enclosed a sample credit agreement. Your current balance is £xxx.

Under the credit terms you will receive a statement every 28 days. You may choose to either pay the full balance on your account at once, or by instalments. Should you choose to pay by installments, you may pay any amount of your choice above the minimum payment detailed on your statement. If you choose to pay every 28 days a service charge of 2.9% (or 2.0% if you choose to pay by direct debit) of the brought forward balance will be added to your next statement, together with a service charge on any purchase on your previous statement from the date of despatch up to that statement.

A minimum payment of £10 or 6% of your outstanding balance plus any outstanding arrea from previous statements will be required every 28 days. Further information can be found in the enclosed credit agreement.

 

Assuring you of our best attention at all times.

Yours sincerely

xxxx

 

What a load of **** You have not complied with my request at all.

They have kindly filled in my details at the top of the "agreement" but have failed to realise that this would not have been the address I would have used had I ever returned the CCA (what planks):grin:

 

So what is my next step? Do I send them another letter telling them that this is not what I asked for or do I just wait until the 12+2 days are up & then tell them that the account is in dispute??

I have never been so excited when the post arrived:)

 

Bring it on studio I'm ready & waiting ! (with help from CAG of course)

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you can send them:

 

Dear Sirs,

Account no xxxxxxxxxxxxxx

 

Re: my request under the Consumer Credit Act 1974

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

My request remains outstanding. An unsigned credit agreement with no personal details on it, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A blank agreement neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until xx/xx.2008 (12+2 working days after the request was made) to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation.

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

I expect you to write to me confimring that the account has been closed and no further action will be taken.

I look forward to your reply.

Yours faithfully

 

Ida x

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HI

I have received a response from studio today from my previous letter.

http://i696.photobucket.com/albums/vv321/funkymonkey79/studioresponse08-05-2009111615.jpg

http://i696.photobucket.com/albums/vv321/funkymonkey79/studioresposepage208-05-2009111834.jpg

 

any input as to what I do next would be great.

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so the are basically saing what all the catelogues are saying.

 

they do not have one and know that they cannot enforce it.

 

the debt still exists but it's up to you how you want to play it.

 

you don't have to pay anything and leave it or

 

try to get them to accept a reduced full and final settlement.

 

ida x

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Thanks yet again Ida.

I will leave it for now, no cca=no pay, most of outstanding balance is their charges anyway so morally I feel I have already paid them what I owe.

 

A small victory for now I think but I'll await the dca letters to start because they have already said that they will persue.:eek: What a surprise!! and then fire off the frankly I am bemused letter.:roll:

 

Thanks again

fm79

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have you thought about claiming back the charges etc?

 

ida x

  • Haha 1

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Yeah. But I am going to keep that one back for now for when they turn nasty, I will then slap in my claim and they will most probably end up paying me.:). So I think I will just sit tight on this one for a while.

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