cca agreement, taking it further

[misjay]

Hi guys,

I hope you can provide me with useful advice. I took out a loan with welcome finance in december 2006, after reading the threads on this site and thinking it thru, in februaru I requested a subject access and a credit agreement, they replied with a few notes on my file but no agreement, I then sent a default against them & a final letter (including all the ltrs I have sent) I have had nothing from them, and they have continued taking money by direct debit. All letters were sent to the local branch & heads office.

 

Where I now need you guys, is how do start legal action if pursuing unenforceable agreements?

 

Where do I get information on the legal side & what forms do I nees, as the debt is under 3k can I do it under the small claims or its something differeent.

 

Should I keep on sending letters and no bother with court action?

 

Any help will be much appreciated.

 

Many thanks

[Nagasis]

If you have cca'd them and they have either not sent an agreement/not responded and then you have sent the account in dispute letter then the first thing you need to do is cancel the direct debit.

 

Once the DD has been cancelled there really is no need to take action against them as the failure to produce a cca is a bar to enforcement in court until they do produce one. They will need a signed one (or a tick in the box cca if an online cca) if they want to enforce through the courts.

 

Did they even cash the £1 postal order/cheque you sent with the cca request?

 

They will send constant letters and gnash their teeth but without a signed cca they can't really do anything and they know it. They will try it on tho.

[misjay]

The only thing is I work in financial services & missing pmts could have impacts on my job, I could have a disciplinary/dismissal. So I thought taking it further would ensure I don't miss pmts.

[Nagasis]

Ah right I see. Yes I wouldn't stop if it would affect your employment.

 

Is there alot left on the loan and are there any penalty charges/admin letter charges do you know of that have been applied to the account?

[misjay]

About 2 late payments and abt 3k left to pau

[Nagasis]

As they haven't confirmed whether or not they have a signed cca, I would be hesitant to start court action as they could produce one after you have filed.

 

I would try getting the cca you requested using the cpr method.

 

Have a read of these links, there has been successes.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

[misjay]

thanks for your info it was very helpful, am looking @ getting them to reveal their vitals

many thanks