Just starting our - CCA requests help etc

[stripper]

Its a bl**dy joke really.Unsecured debts should be unsecured.However if you are a house owner then our edit laws allow this stupid nonesense to become enforceable.Neat little twist dont you think.So why refer to loans etc as unsecured with no reference to them becoming secured if you unfortunately default.

However,if you dont own property and owe the earth,just walk away,how come,well its unsecured!!

Its about time this dozy law along with so many other ancient laws were changed.(That goes for the old crones administering same)

Hang in there Basil.

Caggers will guide you.

Stripper;)

Edited October 26, 2009 by cerberusalert
bypassing swear filter

[the_shadow]

Its a bl**dy joke really.Unsecured debts should be unsecured.However if you are a house owner then our edit laws allow this stupid nonesense to become enforceable.Neat little twist dont you think.So why refer to loans etc as unsecured with no reference to them becoming secured if you unfortunately default.

However,if you dont own property and owe the earth,just walk away,how come,well its unsecured!!

Its about time this dozy law along with so many other ancient laws were changed.(That goes for the old crones administering same)

Hang in there Basil.

Caggers will guide you.

Stripper;)

 

The EU are currently looking to implement the same warnings for unsecured as secured... i.e. your home may be at risk..... shame its so blinking late.

 

S.

[Basil Fawlty]

Can someone please give a few pointers on what to look for when choosing a CMC or solicitor/barrister to represent you in court. For example, where to find them, what questions to ask, and anything else that may be appropriate.

 

Thanks

 

BF

[debt4get]

depends what you require solicitor/barrister for?

[Basil Fawlty]

In particular when a credit card company takes you to court when they havent provided a CCA for example and you have put the account in dispute and stopped paying.

 

BF

[debt4get]

you wont need a solicitor for that, you can defend that with help of this site.. if dca/credit company take you to court without providing a cca that is a complete defence in law.. very few credit card companies resort to court action, normally because of invalid/or not providing a cca

[Basil Fawlty]

I must admit I felt that way until recently. Now, some are advising on this forum that its not a great idea to go to court as a LIP, so I thought it would be a good idea to get some information about CMC's, solicitors and barristers.

 

Of course, when I say no CCA, I also include them taking you to court with reconstructions, faulty CCA's, DN's etc.

BF

[luckydog100]

I was living abroad, had an order for sale they arranged the auction and I never ever received the court papers, I paid the debt 4K and the order for sale was set aside whilst we argued costs. I have just lost case fr 15K worth of costs for emptying thecontents of my property and marketing for the auction. So all be aware. ( I was informed by local newspaper otherwise the auction would have gone ahead and I would not known til I visited uk) There is nothing I can do.

[Basil Fawlty]

Over a year ago I made CCA requests to different credit card companies, since then receiving nothing more than recent T&Cs and cut and paste agreement jobs. I've had all the threats that they MAY take me to court, so what I want to do now is send them a letter asking them to confirm that they

a) hold the original, signed agreement,

b) that they confirm in writing that they sent me a reconstituted agreement,

c) if it is reconstituted, and they dont hold the original, what is it reconstituted from.

d) if they confirm that they dont hold the original, that the alleged debt is unenforceable.

 

Has anyone here sent a similar letter to any creditors, and if so, do they have a link or a template to one?

 

Many thanks

 

BF

[Pinky69]

There's no template but your outline is fine. To give it a bit of weight, I would add that this information is required in accordance with the OFT's guidelines.

[Halibutt]

I may not be the sharpest tool in the box, but I would suggest that you send something along the lines of the following. I cobbled it together from templates and the information you've provided Basil.

 

Oh, and I'd make sure that the more knowledgeable here check that what I've put is okay before sending it!

 

Dear Sir/Madam

 

Account In Dispute

 

Ref:

 

Thank you for your letter dated xx/xx/xx and the (photocopied?) documents, the contents of which have been duly noted.

 

Subsequent to the above, in all good faith I believe the "agreement" sent to be a reconstituted copy, rather than the original as I requested in my letter of xx/xx/xx.

This is clearly in breach of the Consumer Credit Act 1974 s77/8 where you are required by law to furnish me with a true copy of the Consumer Credit Agreement for the above account.

 

I now require you to disclose, in full, the documents from which you reconstituted this "agreement".

Should you refuse to comply, you should provide me with your reasoning for doing so.

 

If you are unable to confirm in writing within x days of the date of this letter that you do indeed hold an original copy of the alleged Consumer Credit Agreement and furnish me with such, including true copies of any documents that are referred to therein, you will be in breach of OFT guidelines and the above account will remain in dispute.

 

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 true 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 any actions to the contrary to any such regulatory authorities as I see fit.

 

If you are unable to furnish me with the requested documents, you should inform me of such in writing, acknowledge that this matter is now closed and that you will not contact me again.

 

I would appreciate your due diligence in this matter and await your written response.

 

Yours faithfully,

 

 

Good luck mate!

 

 

Edited July 5, 2010 by Halibutt

[Basil Fawlty]

Thanyou very much for the replies Pinky and Halibutt, and Halibutt that

letter looks great to me. I wasnt asking for a template through laziness, just that I admit that I'm not a good letter writer, and definitely couldnt have done something like that, so many thanks to you.

 

I'm trying to put the creditor in a position of having to admit that, one, they dont have the original agreement, and two, they cobbled something together instead. I believe that due to OFT guidance we have a right to ask this?

Getting a truthful answer may be a bit hopeful, I realise this, but it cant hurt to ask can it.... Their replies will be interesting, and I will of course post them on here (for everyone to laugh at )

 

If anyone would change the letter above, or improve it any way, please let me know, and hopefully I'll have some letters in the post to them tomorrow.

 

Thanks again!

 

BF

[harrassed senior]

I may not be the sharpest tool in the box, but I would suggest that you send something along the lines of the following. I cobbled it together from templates and the information you've provided Basil.

 

 

 

Oh, and I'd make sure that the more knowledgeable here check that what I've put is okay before sending it!

 

 

 

Dear Sir/Madam

 

 

 

Account In Dispute

 

 

 

Ref:

 

 

 

Thank you for your letter dated xx/xx/xx and the (photocopied?) documents, the contents of which have been duly noted.

 

 

 

Subsequent to the above, in all good faith I believe the "agreement" sent to be a reconstituted copy, rather than the original as I requested in my letter of xx/xx/xx.

 

 

This is clearly in breach of the Consumer Credit Act 1974 s77/8 where you are required by law to furnish me with a true copy of the Consumer Credit Agreement for the above account. It is permissable for them to send a reconstituted Agreement to answer the CCA request.

 

 

 

I now require you to disclose, in full, the documents from which you reconstituted this "agreement".

 

 

Should you refuse to comply, you should provide me with your reasoning for doing so.

 

I would leave out the above paragrah.

 

If you are unable to confirm in writing within x days of the date of this letter that you do indeed hold an original copy of the alleged Consumer Credit Agreement and furnish me with such, including true copies of any documents that are referred to therein, you will be in breach of OFT guidelines and the above account will remain in dispute. They will no be in breach of OFT guidelines as a reconstituted (made up) copy is acceptable.

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc

Insert the above paragraph which I now suggest is included in all future cca requests..

 

 

 

Furthermore you should be aware that a creditor is not permitted to take any action against an account whilst it remains in disputte.

 

 

The lack of a true 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 any actions to the contrary to any such regulatory authorities as I see fit.

 

 

 

If you are unable to furnish me with the requested documents, you should inform me of such in writing, acknowledge that this matter is now closed and that you will not contact me again.

 

 

 

I would appreciate your due diligence in this matter and await your written response.

 

 

 

Yours faithfully,

 

 

 

 

Good luck mate!

 

 

 

 

 

 

 

Hope that helps

[Halibutt]

Thanks HS. And you're very welcome Basil, I didn't think it was laziness for one minute mate. I'm just happy to try to give back to this community and as I'm not working and in receipt of benefits, I have the time to do so!

[Halibutt]

From Harassed Senior's advice, I would suggest that the letter is worded to read:

 

Dear Sir/Madam

Account In Dispute

Ref:

 

Thank you for your letter dated xx/xx/xx and the (photocopied?) documents, the contents of which have been duly noted.

 

Subsequent to the above, in all good faith I believe the "agreement" sent to be a reconstituted copy, rather than the original as I requested in my letter of xx/xx/xx.

 

I now require you to disclose, in full, the documents from which you reconstituted this "agreement".

 

Please confirm in writing within x days of the date of this letter that you do indeed hold an original copy of the alleged Consumer Credit Agreement.

If you do intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted, if the original exists and in what form (microfiche) etc.

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 true 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 any actions to the contrary to any such regulatory authorities as I see fit.

 

If you are unable to furnish me with the requested documents, you should inform me of such in writing, acknowledge that this matter is now closed and that you will not contact me again.

 

I would appreciate your due diligence in this matter and await your written response.

 

Yours faithfully,

[harrassed senior]

Great

[Halibutt]

Cheers HS.

 

I can do the work of two men. Usually Laurel & Hardy

[postggj]

And There Is Me Thinking Pinky & Perky

[Basil Fawlty]

Fine job people, thankyou very very much.

Numerous letters will be winging their way round the country to a few companies tomorrow.

 

regards to all

 

BF

[postggj]

Keep Us Updated

[Basil Fawlty]

Keep Us Updated

 

 

I most certainly will.

 

BF

[Halibutt]

And There Is Me Thinking Pinky & Perky

 

Cheeky bugger ;-)

 

Yes, keep us posted BF and the best of luck to you!

 

(make sure you keep copies of all correspondence, both sent and recieved)

[Pinky69]

And keep Pinky out of it too!

[Dotty50]

Hi BF,

 

Here is one I used.

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/253588-lloyds-tsb-dottys-oh.html#post2965022

[Halibutt]

Nice one Dotty and thanks. Could you please clarify which is true though:

 

(From your letter)

"The copy of the executed agreement need not be an exact copy but it must be a ‘true copy’ and not some reconstruction of what the original might have been and it must contain the same terms as the original."

 

or

 

(from Harassed Senior's advice)

It is permissable for them to send a reconstituted Agreement to answer the CCA request.

 

Or are they saying the same thing? Or is the crucial point, "might have been"? I'm a bit confused now...

 

My apologies.