Just starting our - CCA requests help etc

[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

[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,

[Halibutt]

Cheers HS.

 

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

[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)

[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.

[Halibutt]

I've taken to marking all of my correspondence with "By Royal Mail Recorded Delivery" in bold at the top. dpicks's addition is a good one and well worth adding.