I feel so drained by all this! Please help me!

[natlani]

Hi there,

 

I sent Halifax bank a CCA Request, they have defaulted, as they just ignored my CCA Request- I need to send them a second letter but need to know if I am sending to the correct address.

 

Please help!!! I live in london, account was opened in 2001.

[supasnooper]

Halifax Bank is a division of Bank of Scotland plc.

 

Their Registered Office is

 

The Mound,

Edinburgh,

EH1 1YZ.

[natlani]

I have a default originally with Bank, Capquest took over debt in 2007 . I did the CCA request, and they only sent me my signed agreement which is original. However they have not complied with my other request which was the signed true copy of the default notice!

 

I am confused. Are they allowed to do this if I requested the true copy of the default Notice? Have Capquest DC entered into default now as their time frime has passed and all they managed to send was the signed copy of agreement but not the other request.

 

Please help. If they are in the wrong what do I write back, is there a template letter for this? Or shall I just send them a letter saying that they have defaulted because they did not comply with all my requests?

[cerberusalert]

Can you scan the agreement, remove identifying details & post it up? Just because it has your signature on doesn't automatically make it enforceable.

They don't have to provide a copy of the default notice with a CCA request & even if you sent a SAR it is unlikely that the original creditor could provide a copy either.

[natlani]

Can you scan the agreement, remove identifying details & post it up? Just because it has your signature on doesn't automatically make it enforceable.

They don't have to provide a copy of the default notice with a CCA request & even if you sent a SAR it is unlikely that the original creditor could provide a copy either.

 

It is an application form that they have sent me. It is not even a proper agreement that sttaes the terms etc! I think I need to disput this as this is not a credit agreement! It's an app form!

[cerberusalert]

Send them this;

 

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

 

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute .

 

On xx/xx/2009 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

[natlani]

Send them this;

 

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

 

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute .

 

On xx/xx/2009 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

 

Thnaks you so much, in their letter their saying I need to reply by the 12th September or they will start proceedings against me! How can they start threats when they've not even supplied me with the things I asked for. They did not even send me a Default notice copy which is what I asked for in the CCA!

 

Shall I give them a time limit to get back to me? 7 days is a good amount of time!

[cerberusalert]

When you send the 'in dispute' letter above there isn't a time limit per se it just means that until they provide an enforceable agreement they cannot pursue collection activities. As for the default notice, they rarely keep copies of these so would be unlikely to be able to provide you with one.

[natlani]

When you send the 'in dispute' letter above there isn't a time limit per se it just means that until they provide an enforceable agreement they cannot pursue collection activities. As for the default notice, they rarely keep copies of these so would be unlikely to be able to provide you with one.

 

Thanks for that. I have a default which I'm trying to have them remove. If they do not have signed agreement- they should remove the default! This is silly! So how long do I have to wait for all this ... they could just not get back to me! 'until the provide an enforceable agreement' this could take ages!

[Pinky69]

The Information Commissioner takes the view that provided they have proof of activity on the account then they can put defaults on your credit reports without an agreement. The route you need to go down to get them removed is that the account was terminated without a default notice so was rescinded before the defaults were entered.

[natlani]

The Information Commissioner takes the view that provided they have proof of activity on the account then they can put defaults on your credit reports without an agreement. The route you need to go down to get them removed is that the account was terminated without a default notice so was rescinded before the defaults were entered.

 

Thank you for replying. But How can I go down that route if they won't provide me with a copy of the DN? As suggested by other posts if you read them people are are saying that I would be lucky to get one and that they just say they do not have the copy etc.... Shall I demand for a DN in my Dispute letter? Shall I mention that they should dremove the default on the basis that they have not sent me a copy of the default notice? Neither have they sent me enforceable credit agreement.

[cerberusalert]

You could try sending the original creditor a sar listing all the information you require including default notice, termination notice, statements etc.,. http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

[natlani]

The Information Commissioner takes the view that provided they have proof of activity on the account then they can put defaults on your credit reports without an agreement. The route you need to go down to get them removed is that the account was terminated without a default notice so was rescinded before the defaults were entered.

 

Someone..... please help.... shall I include in the disput letter that they have not answered either of my request????

[cerberusalert]

You could include that fact, yes.

[natlani]

You could try sending the original creditor a sar listing all the information you require including default notice, termination notice, statements etc.,. http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

I do not have time for a SAR, they want a reply by the 12 sept

[cerberusalert]

If they start proceedings, which is highly doubtful, you can have it set aside because you are in dispute and they have failed to provide an enforceable agreement. Even if it got to court they can be brought to 'strict proof' which means they have to produce the original signed enforceable agreement.

[natlani]

I requested a CCA From Capquest and te original creditors Halifax recently, Halifax said to deal with Capquest as they sold the debt in 2008. I Asked for true signed copy of Credit agreement and they replied back with an Application form! The overdraft was a student overdraft I took out in 2001. The bank replied saying they don't have to supply with a true signed copy (which I kinda knew) However Capquest still tried to send me an application form which is not enforceable (not knowing I had a student account!) Worth a try though I tell ya! I then replied disputing that they have entered into default as they have not produced requested docs in time frame given.

 

HOWEVER they have now replied saying that they have checked and there is no record of a postal order sent so the time frame does not apply to them! Their also saying extra 30 calender days which I know is rubbish! SO what do I do now? Please help me guys as I am getting so confused with all this!

 

Shall I tell them I sent a cheque for a pound?

[Huff&Puff]

The best thing to do would be to send a new CCA request, along with the £1, by recorded delivery. Thy are just playing silly games here, but you may as well go along with it. They still won't have an agreement at the end of it, I'm sure

[count orlok]

you don't get a CCA with an overdraft

[natlani]

I never sent the £1 postal order when requesting CCA- I requested from Halifax and CAPQUEST DCA where the debt was sold to! the DCA has replied saying that they do not see any records for the postal order- so their saying the 12+2 days does not apply- IS THIS TRUE?

[havinastella]

I never sent the £1 postal order when requesting CCA- I requested from Halifax and CAPQUEST DCA where the debt was sold to! the DCA has replied saying that they do not see any records for the postal order- so their saying the 12+2 days does not apply- IS THIS TRUE?

 

 

Yes

 

 

Jogs

[Deb T]

I would have thought that without the fee they are not legally obliged to process the request.

[angry cat]

Not sure if this is relevant?

if you make a SAR under the DPA but omit sending the stat. fee.

The ICO.s view, is that the SAR has been made!

 

I would imagine that the same would apply to a CCA request?

said legal request has been made.

[Jameson78]

Resend the CCA request. Photocopy the postal order, then send recorded delivery

[Deb T]

To check on if a postal order has been cashed you can dial.

01246-542091

 

or write to them on

Post Ofiice

1 Future Walk

West Bars

Chesterfield

S49 1PF

 

and be sure to give them the serial number of the Postal Order...