Reduced payment letter template

[andy130108]

When i started this thread i send off a few letters, and these are the replys i received.

 

Blackhorse finace (reduced payment letter) £117 reduced to £40

Capquest (cca) they replied with the original cca

Aqua credit card (cca) replied (no copy of the original cca)

Natwest (reduced payment letter) no reply been three weeks

[andy130108]

bump

[andy130108]

bump

[lilly white]

sent this

 

edit to suit

 

 

ACCOUNT IN DISPUTE

 

Date:

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

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. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial 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 you/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(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. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

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 would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

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[andy130108]

Thanks, but would this letter work, even though they did reply, but just did not send me the signed agreement, and in there letter they are saying they are quite within there right by not sending me the signed agreement by law.

[lilly white]

Well They Would.

 

They Have Not Sent The Agreedment So They Have Failed

[andy130108]

Okay, i will get this letter typed up and sent off tommorrow.

Many thanks

[lilly white]

ANDY PLEASE READ THIS

 

 

77.—(1) The creditor under a regulated agreement for fixed sum credit, within the

prescribed period after receiving a request in writing to that effect from the debtor and

payment of a fee of 15 new pence, shall give the debtor a copy of the executed

agreement (if any) and of any other document referred to in it, together with a

statement signed by or on behalf of the creditor showing, according to the information

to which it is practicable for him to refer,—

(a) the total sum paid under the agreement by the debtor;

(b) the total sum which has become payable under the agreement by the debtor but

remains unpaid, and the various amounts comprised in that total sum, with the

date when each became due: and

© the total sum which is to became payable under the agreement by the debtor,

and the various amounts comprised in that total sum, with the date, or mode of

determining the date, when each becomes due.

 

(2) If the creditor possesses insufficient information to enable him to ascertain the

amounts and dates mentioned in subsection (l)©, he shall be taken to comply with

that paragraph if his statement under subsection (1) gives the basis on which, under

the regulated agreement, they would fall to be ascertained.

(3) Subsection (1) does not apply to—

(a) an agreement under which no sum is, or will or may become, payable by the

debtor, or

(b) a request made less than one month after a previous request under that

subsection relating to the same agreement was complied with.

 

(4) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement;

and

(b) if the default continues for one month he commits an offence.

 

(5) This section does not apply to a non-commercial agree

 

THE ONLY DIFFERENCE IS IT IS NOW A £1

[andy130108]

And they have already had the £1.00 when i originally cca'd them, i am thinking prehaps they do not have the original agreement anymore as i have heard Aqua are really bad at keeping there original paperwork. What happens if they never come up with the original agreement even though my account is not behind and i owe them £2500.00 as i am basically just paying interest every month 39.9%

[lilly white]

Well, IT IS A CALL.

 

THE REASON THEY DO NOT SEND THE CCA. IS IT CAN BE TAKEN TO COURT BY THE CREDITOR .FOR THAT YOU NEED ANOTHER LINE OF ATTACK.

 

HOWEVER IT IS YOUR CALL,

[lilly white]

why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement .

 

LOOK IN THE LEGAL FORUM AND HAVE A READ ON THIS TREAD

 

 

BEST REGARDS LILLY WHITE

[lilly white]

ANDY THIS IS THE BABY

 

GIVEN YOU CAN GET YOUR STICKY ON THE AGEEDMENT YOU CAN TAKE IT TO COURT ON THIS.

 

142.—(1) Where under any provision of this Act a thing can be done by a creditor or

owner on an enforcement order only, and either—

(a) the court dismisses (except on technical grounds only) an application for an

enforcement order, or

(b) where no such application has been made or such an application has been

dismissed on technical grounds only, an interested party applies to the court for

a declaration under this subsection

the court may if it thinks just make a declaration that the creditor or owner is not

entitled to do that thing, and thereafter no application for an enforcement order in

respect of it shall be entertained.

 

HOWEVER HAVE A GOOD READ AS I AM SURE YOU ARE AWARE IT IS NOT THE ANSWER BUT THE QUESTIONS.