Help with CCA issues

[liver&funnyuns]

Hi All, Sorry I'm new to this forum stuff and was hoping someone could point me in the right direction.

 

I have been reading other peoples posts on here and taken some advice thanks, the only issue is Im stuck with what I need to do next.

 

I have contacted my DCA (Apex) reference a copy of my CCA who have since returned my letter and postal order saying I need to contact my OC RBS to request this and thats basically all they have said. What does this mean? As the are chasing should they not have to supply this or are they fobbing me off and if so should I be expecting more letters from them or will they just send the debt back to the original OC who will in turn chase me again.

 

Secondly I have also contacted RBS for a different debt requesting a copy of my CCA this was sent over 12 days ago but since alls I have recieved is a letter from Triton (acting on behalf of RBS) stating to contact them with reference to payment. I believe there is a second letter to be sent as RBS have not yet sent the CCA but what happens with Triton in the mean time do I contact them to say it is in dispute.

 

Thanks in advance for any help anyone can offer me

[maroondevo52]

Hello and Welcome,

 

I'll move this thread to the appropriate Forum, where hopefully you'll get some help

 

Regards.

 

Scott.

[liver&funnyuns]

Thanks maroondevo like said bit of a novice on these sort of things lol

[Pinky69]

Firstly, Apex. They must supply you with a credit agreement on request and if they don't have one it is up to them to get one of RBS. Since they have returned your £1, wait until they or another agency contact you and send them the Account in Dispute letter which I will post below.

 

RBS have 12 (+ 2 for admin) working days to provide a copy of the agreement. Once this time has passed you can put the account in dispute.

You can tell Triton that the account is in dispute with RBS and you will have no further contact with them unless the dispute is resolved. Then you can ignore them.

 

RBS is not hot on having agreements for older accounts so hopefully they won't have them.

 

Account In Dispute

 

Dear Sir/Madam

 

Thank you for your letter of (date), 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.

 

You have failed to comply with my request, and as such the account entered default on (date) (12+2 working days AFTER the CCA request was sent)

 

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 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 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

[liver&funnyuns]

Hi Pinky,

 

Thank you for coming back to me on this, firstly with regards to Apex do I simply do nothing then until they come back to me chasing and then in response just send them the attached letter even though they are saying I have to contact the RBS directly. Also what if they don't come back and either a: the OC tries chasing as they have returned it or b: another DCA trys chasing it what do I do then do I still send this template you have kindly attached or do I have to do the request CCA thing for anyone who chases it.

 

Secondly with reference to the Triton I believe I am not to contact anyone via the phone so how do I tell them the account is in dispute and not to contact me again do I send both the RBS and Triton the template letter as soon as the 12+2 days is up.

 

Again sorry for the essays just a little new to all this not sure how to deal with these people again thanks for all you help

[Torexxx]

Hi All

 

Pinky69 maybe you can answer this in your account in dispute letter template do you have to change the 77 to a 78 if the CCA was about a credit card agreement the same way on the CCA template it states to change the 77 78 to whatever type of debt it is or would it be possible to have one letter stating 77/78s that would do both credit card ot loan debt

 

 

TOREXXX

[liver&funnyuns]

Hi All,

 

At this point I am just awaiting any further letters from either the DCA and have sent the defualt letter to the OC should I be doing anything else. Thanks in advance.

[maroondevo52]

Hi,

 

No, think you should just wait until they get back to you.

 

Regards.

 

Scott.

[liver&funnyuns]

Hi Scott, thats great thanks for comming back to me, its benn well over 14 days now still no CCA fingers crossed