apolloway challenges 4 CCA's

[apolloway]

Hi, Following some great advice on here to challenge my creditors to see if 4 CCA's were enforceable, I was advised to send the DCA's requests to provide me with the CCA's.

 

The 12+2 days are now up after having sent the DMA's my CCA request along with £1 postal orders on 10/06/09.

 

I have had a response from APEX dated 11/06/09 who have advised that my ac has been referred to Goldfish to provide them with a copy of the signed CCA. They will endeavour to forward this on as soon as they receive it.

 

Capital One have sent me a letter dated 15/06/09, in summary it says please find enclosed a copy of my credit agreement as requested. In accordance with section 78 of the Consumer Credit Act 1974 & the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983, this is your original agreement, and if any terms have been variedthen the copy agreement will include the updated terms. In addition, your personal details, the signature box, signature and date of signature have been ommitted from the copy provided as permitted under Regulation 3 of the Consumer Credit Regulations 1983.

 

Under section 78 we are not required to provide a copy of the default notice and statement of default. However can confirm that a statement of default was issued on 7th Dec 2008. Please contact me again if any more enquiries.

 

 

* Couple of things - I have not had a response from 2 other companies yet that I sent my request to. What do I need to do on this matter?

 

Also as I don't have a scanner - is there any other way I can load the actual docs they send me for you guys to look at without the need to type the documents out word for word?

 

Do I need to try to get the agreement which was included with the letter from Capital One loaded onto my thread somehow or the fact that they haven't provided me with a signed copy is that a good sign that it's not enforceable?

 

As ever, any help is greatly appreciated as I don't know what to do next with regard to any of the above.

 

Thanks - Dave

[cerberusalert]

* Couple of things - I have not had a response from 2 other companies yet that I sent my request to. What do I need to do on this matter?

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

Also as I don't have a scanner - is there any other way I can load the actual docs they send me for you guys to look at without the need to type the documents out word for word?

If you have a digital camera you can take a decent pic using 'macro-mode'.

Do I need to try to get the agreement which was included with the letter from Capital One loaded onto my thread somehow or the fact that they haven't provided me with a signed copy is that a good sign that it's not enforceable?

send them this;

 

 

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**

[apolloway]

Thanks cerberusalert, I'll do this asap.

 

Would you recommend that I send all letters to them recorded delivery?

 

Do I need to send the DMA's a copy of the letters as well?

 

With regards to Cap 1, is it likely they do not have a signed agreement as they would have sent me it or am I being too optimistic at this stage?

 

What do I do with APEX who said they have forwarded the request on - I assume send the same letter as I am to the other 3 companies?

 

Thanks 4 your advice - much appreciated.

[cerberusalert]

Would you recommend that I send all letters to them recorded delivery?

Yes,

Do I need to send the DMA's a copy of the letters as well?

No.

With regards to Cap 1, is it likely they do not have a signed agreement?

Is the Pope Catholic?

What do I do with APEX who said they have forwarded the request on - I assume send the same letter as I am to the other 3 companies?

Ignore them until they contact you.

[apolloway]

I sent Capital One the letter above Re: my request under the Consumer Credit Act 1974 - I have received a reply dated 28/07/09 with the following:

 

As I've already explained, in accordance with section 78 of the CCA 1974 and the CC (Cancellation Notices and Copy Documents) Regs 1983, we've provided you with a copy of your original agreement, and if any terms have been varied, then the copy agreement will include the updated terms. In addition, your personal details, the signature box, signature and date of signature were ommitted from the copy provided as permitted under regulation 3 of the CC (Cancellation Notices and Copy Documents) Regs 1983.

 

You clearly have a valid and enforceable credit agreement with Capital One, as evidenced by these documents and any claim to the contrary will be strongly defended.

 

Your account status remains defaulted and the balance currently due and payable is £11454.07

 

I understand that under section 10 of the DPA, you want Capital one to cease processing your data. You are not entitled to serve a notice under section 10 due to the fact that Capital One informed you when you applied for your credit card and in the terms of your agreement how your data would be processed and you gave consent to the processing of your data by signing your credit card agreement.

 

The processing of your data is necessary to enable Capital One to perform its obligations under your credit agreement. The processing is necessary for the legitimate interests of Capital One and the credit reference and fraud prevention agencies to which it is disclosed and is not likely to prejudice your legitimate rights, freedoms or interests. The Information Commisioner has confirmed that it is appropriate for the credit reference agencies to retain this data for six years after the account was last active. Your notice is entirely unjustified and inappropriate and as a result, Capital One is unable to comply with your notice.

 

It is important that you maintain payments as your account balance consists of transactions that you have made. Failure to do this may result in negative information being recorded on your credit file, which may affect your ability to gain credit in the future.

 

The information we have recorded with the credit reference agencies is an accurate reflection of the way you have managed your account and we will not be asking the credit reference agencies to remove this information.

 

You stated you feel your account is in dispute. I would like to advise that we do not consider the account to be in dispute as we have fulfilled on what you have already requested.. Therefore, we will continue to pursue the outstanding balance and will defend any application you may wish to bring against us.

 

Financial regulations require me to advise you that this is my final response in relation to this matter. However, you now have the option to contact the Financial Ombudsman Service within 6 months from the date of this letter.

 

Can anyone please help as to what I should do next please?

 

I am currently paying CCCS £50 per month to cover token payments to all of my creditors (4) and so far I haven't been pestered for any more.

 

I am wanting to get my debts cleared so they are unenforceable, but I do feel out of my depth a little and don't want to create more problems where they are enfoceable and things become heavier. CCCS have advised me that if I miss payments to them they will not help.

 

On another note, I have sent the other 3 Debt Collection Agencies the following letters http://www.consumerforums.com/resour...ibed-timescale

[cerberusalert]

Isn't there anyway you can upload the CCA's?

[apolloway]

Not immediately, I haven't a scanner and I'm not sure how to take a picture in 'macro-mode'

 

I may look to buy a scanner this week then and load it up.

[cerberusalert]

'Macro-mode' on a digital camera is when you want to take close-up shots, usually there's a switch at the side of the camera showing a mountain & flower symbols....macro-mode is the little flower.

[apolloway]

Ok - I'll have a look at doing that this evening.

 

On the issue, what would you propose I do with the other 3 DCA's who have not provided me with an agreement yet or even a reasonable response?

 

Is there any other letters I need to send to them?

 

Am I right to feel nervous abhout stopping paying my creditors?

 

I was considering letting one of those companies do this on my behalf, but felt they charge extortionate fees and would try to do it myself with the help of caggers & then make a donation if I was successful.

[cerberusalert]

On the issue, what would you propose I do with the other 3 DCA's who have not provided me with an agreement yet or even a reasonable response?

Send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

Am I right to feel nervous abhout stopping paying my creditors?

It's perfectly normal.

I was considering letting one of those companies do this on my behalf

There's nothing they can do that you can't for free.

[apolloway]

I've already sent them this recorded delivery on 17/07/09

[cerberusalert]

As you've already sent it there's nothing much more you can do until they contact you again.

[cerberusalert]

CCCS have advised me that if I miss payments to them they will not help.

Although they purport to be a charity, even though they are registered as one, they are in fact funded by the finance industry so it's a case of 'he who pays the piper calls the tune'.

[apolloway]

With the DCA's that haven't contacted me then, do you propose I just stop paying them through CCCS?

 

Should I stop paying all DCA's through CCCS altogether?

 

I'm conscious that they'll all start bombarding me with collection letters / calls again.