non compliance of cca request after 30days - are they commiting offence?

[seanj70]

i've read some places that the following regarding the offence is no longer true?

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively.

 

As you are no doubt aware subsection (6) states:

 

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.

 

if so, then does this mean that the debt is unenforcable after the intial 12 day period, rather than waiting until the further 30 days?

[PGH7447]

the account goes into dispute after 12+2 days, but if they deliver an agreement anytime after that then they can start proceedings again, assuming the agreement is valid

[seanj70]

so is the following true? and if so can i take things further to try and get the debt written off?

 

 

 

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.

 

what if a default notice had already been issued on the account previously?

 

if they are not entitled to record anything with credit ref agency can stuff be removed that is already recorded?

Edited July 10, 2009 by seanj70

[PGH7447]

defaults are a different matter, thay are generally hard to get rid of once applied, but the other stuff is true

[seanj70]

also found this in a non-compliance of CCA request response - if it worth adding this?

 

This letter should be treated 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.

[PGH7447]

correct

[seanj70]

many thanks, you comments have been useful.

 

here's my proposed letter, what do you think? does it need anything adding / removing?

 

thanks for your time

 

I refer to my letter dated 23rd June 2009 which was delivered via recorded delivery to your offices on 24th June 2009.

 

In my letter dated 23rd June 2009 I made a formal request for a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide, under section 77(1) and section 78(1) of the Consumer Credit Act.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. This period has expired.

As you are no doubt aware section 77(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 as at 9th July 2009 this account became unenforceable at law.

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.
  

Any default notices or adverse comments your company has recorded on my credit reference file should be immediately removed.

This letter should be treated 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.

 

Failure to respond favourably to this letter within seven (7) days of receipt will result in immediate litigation being commenced against your company without further notice.

I would appreciate your due diligence in this matter.

Yours faithfully

[PGH7447]

looks good or there is this tried and tested template:)

 

Send by recorded....and edit as required

 

Account In Dispute

 

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. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

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 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.

 

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

__________________

 

As you are no doubt aware section 77(6) states:

 

and its section 78/6 not 77/6

[seanj70]

many thanks

[PGH7447]

your welcome, good luck