Just starting our - CCA requests help etc

[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

[harrassed senior]

Great