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Unsecured bank loan - cca request


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Can anyone provide any thoughts on what may happen with our case next please?

 

We took out an unsecured bank loan for 25k. Last july we sent a cca request. They failed to reply. We sent another letter a month later again asking for a copy of the agreement warning them we would cease payments if they failed to supply etc. They didn't supply so we stopped paying. To this day we still haven't received a copy. A few months later their collections dept stepped in and we told them unless you supply the agreement the account remains in dispute/unenforceable etc etc. They admitted both verbally and in writing that the agreement cannot be located and they therefore cannot enforce it. Their debt management co then stepped in, ringing us countless times a day despite being asked again to supply the agreement. It got so bad we made a formal complaint to the Financial Ombudsman. The dcc then backed off (we thought it was because they had received our letter notifying them that the FO was now involved and we should await their investigation) however, we have now received a letter before action from their solicitorswarning they will issue in 14 days. Have sent them an email saying the usual - we've made a legal request, it's in dispute and cannot be enforced etc etc, and informing them about the current investigation by the FO.

 

Can they actually issue against us despite having no agreement?

 

I'm new to this and would be very grateful for some assistance. Thanks.

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did you send the sols?

 

Dear Sirs

I refer to your letter of XXXX 2008 which was received today.

Frankly, I am surprised of the need to advise a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); dated XXXX 2008 for which I have proof of receipt . I can only assume therefore that they failed to inform you of their non compliance. Your client had until (12+2 days after sending date) 2008 to comply with a legal request.

Should your client persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several offences committed by your client under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

 

 

ida x?

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Hi Ida

 

Thanks for the reply. No by email I sent something similar but nowhere near as good! I will send yours in writing to them tomorrow.

 

Many thanks, much appreciated.

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