help with CCA please

[BornAgainBiker]

Hello,

 

1) I sent a CCA s.77 to s.79 letter to my card accounts with Mbna and Barclaycard. i have heard nothing. can anyone advise me what to do next?

 

2) I sent the same letter to Barclays bank re my large overdraft with them. Again,i have heard nothing.

 

can anyone offer advce?

 

Many thanks. peter

[diamondgirl]

Hi

If you've had no response re your CC within the 12 + 2 days then send them the account in dispute letter you can then stop paying anything until they resolve the dispute.

Regarding the o/d I'm not sure on which letter should be sent but I'm sure someone with the knowlege will be along soon.

DG

[babybear39]

Does the OD have many charges on it? If so, SAR to see what's been added as it may be worth you going for a charges re claim.

[BornAgainBiker]

To DG, thanks, any idea where i can get a copy of the correct dispute letter?

 

to BB39, excuse my ignorance, re the charges reclaim, was there not a ruling of somekind just before xmas saying that charges could not be reclaimed ? or am i being a plank?

 

thanks BAB

[diamondgirl]

Knew someone would know about the O\D follow BBs advice.

 

Account in dispute letter, amend it to your needs.

 

Dear Sir/Madam

 

Account No. xxxxxxxxxxxxx - ACCOUNT IN DISPUTE

 

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 xxxxx I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the xxxxx.

 

You have failed to comply with my request, and as such the account entered default on xxxxxx (12+2 days after you made the initial request).

 

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 you/your client enters into a default situation.

 

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. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued

 

(k) - Not ceasing collection activity whilst investigating a reasonable queried or disputed debt

 

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

 

A N Other

 

Send it by at least recorded delivery, keep your receipt so you can check when it has been delivered, print a copy of the signature etc., so you have a record that they received it.

Start a file if you haven't already done so for each of your creditors, its easier to find any info you may need if you file them separately.

DG

[babybear39]

I don't think the ruling is as simple as that. Personally I think you can claim any that are unfair minus the fair admin fee. I may be wrong so best to ask on the bank forum.

[scubadiver]

Just Subbing...

 

 

i am about to send the next batch of dispute letters!!