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Unenforceable CCA agreements. Help! What do I do next?

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Become unemployed but recently started working again. I have been trying to sort out my finances. Did make requests under the Data Protection Act for a copy of my CCA. Eight lenders did not send.

Made a request under the Consumer Credit Act (£1 fee) for a cca on the 10th June. All signed for on the 11th June. All defaulted on the 1st July, and some are now commtting offences from the 1st August as they continue to pursue the debt and ignore this.

1) Egg have sent an unenforecable agreement

2) Barclaycard (Ex Morgan stanley) just sent terms and conditions for Barclaycard, not Morgan Stanley. They do not want to know. Also requested a copy under the Civil Procedure Rules (Pre Action Protocols 31.16) Their response. They got Mercers to call to threaten a doorstop visit. Mercers too, did not want to know. They also stated thaht Barclaycard had forefilled their obligations and do not have to produce a signed copy. Hung up when I tried to explain that Barclaycard had sent terms and conditions for Barclaycard, not Morgan Stanley

3) Barclaycard Just sent terms and conditions for Barclaycard. They do not want to know. Also requested a copy under the Civil Procedure Rules (Pre Action Protocols 31.16) Their response. They got Mercers to call to threaten a doorstop visit. Mercers too, did not want to know. They also stated that Barclaycard had forefilled their obligations and do not have to produce a signed copy.

4) MBNA (Ex Beneficial Bank) They say they cannot find a copy at this stage.

5) MBNA (Ex HBOS) Sent an unenforceable agreement, then demanded payment.

6) Co-Op (Ex Northern Rock) Sent an application form stating that this was my agreement. Unenforceable

7) Co-Op Sent an application form stating that this was my agreement.

Could someone advise me what to do next. All are in default of my requests and are ignoring the restrictions that should be applied when not producing a valid cca or one at all.

It would appear that banks have their own set of rules which the powers that be let them get away with.

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For those that have failed to produce a cca at all send http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

For those that have sent an unenforceable agreement send;

 

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

 

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute .

 

On xx/xx/2007 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I refer to page 5 of the guidance which states;

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

I respectfully request a response to this letter in 14 days

 

 

I trust this out lines the situation

Print name do not sign


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Thanks for the letter. I have sent this recorded yesterday. Lets see what happens.

 

In the meantime MBNA called again after I issued them notice to remove my telephone records (For the 100th time) I did threaten that if they call I would automatically start a claim for compensation and report them to the appropriate authorities.

 

What do people suggest in a way of response?

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