CapOne DCA CCA 2nd letter

[slick244]

I CCA'd cap one some time ago and they just sent some terms and conditions leaflet. I replied with a letter saying that i disputed the debt and that they were in default of my request. I was paying them £50 a month at the time as a 6 month agreement with them. The account is already in default from 2005 and they keep putting 'D' or '8' on my credit file every month pretty much depending on which CRA I look at. When i put the account in dispute i stopped paying. They kept hassling. I kept asking for CCA. They kept saying they already had. Pay us they said. Blow me said I. Then they pass this on to CSL credit solutions limited. They say they will take me to court. They say they are going to knock on my door. I worry. But only until i am reassured from the Caggers here. I CCA request the DCA. They send me what i now know is a signed application form and another set of terms and conditions. I have seen several of exactly the same forms on here. I have been really busy at work and as such have let things slip and not followed this up....yet. Its been just over a month now and i havent heard anything from the DCA since. I am now going to send them this response. Could someone please check it for me? I sent the CCA request to the DCA 06/07/09 so 12+2 days is 20/07/09. Plus 30 days is 20/08/09. Is this timeframe right and if dont receive a true enforceable agreement by then i can make a complaint put notice of correction on the CRA etc?

Many thanks.

Slick244

[slick244]

 

 

 

 

Reminder for request for copy of alleged credit agreement under Section 77/78 of the Consumer Credit Act 1974

 

I wrote to you on the 6th July 2009 requesting a true copy of any alleged signed, executed credit agreement in relation to the above account. This is my right under Sections 77 and 78 of the Consumer Credit Act 1974 on payment of a fee of £1.00. This payment was included with my original request.

 

Under the above Act, a creditor has 12 working days to supply this document to the debtor. The deadline expired on 20th July 2009. Thus far I have received an application form and a copy of current terms and conditions. This means that you are currently in default of my request.

 

To clarify, just sending the Application form and Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement.

 

This breach of the agreement can be demonstrated as follows;

 

As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this case in particular to SI 1983/1557.

 

Before leaving section 180 there are two other sections that should be remembered. These are:

 

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

 

 

And more importantly

 

 

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

 

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

 

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

 

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations there under as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancellable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

 

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

 

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

 

Whilst your default continues, you are not entitled to enforce any part of this alleged agreement.

 

 

This includes, but is not limited to, the following:

• You may not demand any payment on this alleged account, nor am I obliged to offer any payment to you.
  
• You may not add any further interest or charges to this account.
  
• You may not pass this alleged account to any third party.
  
• You may not register any information in respect of this alleged account with any of the credit reference agencies.
  
• You may not issue a default notice related to this account.
  

Please also note that to register information with the credit reference agencies, or to issue a default notice, would also be in breach of Section 13.6 of The Banking Code, which stipulates that you can only register such information if the amount owed is not in dispute.

 

You have one calendar month from the expiration of the 12 working days to rectify your default. Therefore, I must receive the document I have requested by 21st August 2009.

 

If you do not have any signed agreement in relation to this account, please confirm this in writing.

 

I will be making no further payments to this account until this matter is resolved to my satisfaction. It would be a breach of the Administration of Justice Act 1970 for you to continue to take any action against this account whilst this default remains.

 

Please conduct all communication with me regarding this account in writing only. For your convenience, I include a copy of my original request letter. All letters have been sent to you by Recorded Delivery so I can prove that you received them if necessary.

 

I look forward to your swift response.

 

Yours faithfully

 

 

 

 

 

 

 

 

Copy to file.