Cca Request Recieved

[Mr Worried]

Hi To All

 

Have just recieved this cca re my request of 18 Nov 09. is it enforcable??? what do I do next?

 

Cheers Mr W

[postggj]

Can You Repost By Cutting And Pasting The Image Code

[Mr Worried]

Can You Repost By Cutting And Pasting The Image Code

 

Hi I will try again as I messed up my first attempt.

 

Mr W

[cerberusalert]

Scan the documents to a jpeg file & save to 'My Documents'. Go to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting & left click 'Choose', another page will open listing folders in your computer. Double left click 'My Documents' & left click the file you want to upload. Left click 'Open', the box will close then left click 'Upload Now' on the webpage. The page will refresh giving a list of options, copy the URL & paste it back here. Left click 'Post Quick Reply' & voila your agreement will appear "just like that" as Tommy Cooper would say.

[Mr Worried]

Scan the documents to a jpeg file & save to 'My Documents'. Go to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting & left click 'Choose', another page will open listing folders in your computer. Double left click 'My Documents' & left click the file you want to upload. Left click 'Open', the box will close then left click 'Upload Now' on the webpage. The page will refresh giving a list of options, copy the URL & paste it back here. Left click 'Post Quick Reply' & voila your agreement will appear "just like that" as Tommy Cooper would say.

 

Hi cerb thanks for that..brb..

 

Mr W

[Mr Worried]

Edit images removed due to personal data

 

Hope this is it

 

Mr W

Edited January 4, 2010 by saintly_1

[postggj]

bingo

 

well done

 

having a nose

[postggj]

thats not a credit agreement

application form

[saintly_1]

Removed the images as requested

[Mr Worried]

Hey Everybody

 

Thanks for that, as I nearly died when I posted it, but for those of you who seen it, was it enforcable and if not at least you know where to send my xmas cards to next year lol.

 

So was it enforcable, I shall try and re post but not the data oops.

 

Thanks again

 

Mr W

[cerberusalert]

No it's not, it doesn't contain any of the prescribed terms.

[Mr Worried]

[iMG]http://i45.tinypic.com/i1jxaa.jpg[/img]

Okay so I hope these are ok?

Mr W

[teaboy2]

its not valid. There is no terms and conditions or anything stated on what you've posted that refers to any. so basically to me thats just an application form.

 

oh it does say about conditions over leaf in the first paragraph under section 5. but still they failed to include a copy of the conditions current at the time of signing, or did they send you some a copy of the terms aswell? if not then to me its still just and application form.

Edited January 4, 2010 by teaboy2

[Mr Worried]

its not valid. There is not terma and conditions or anything stated on what you've posted that refers to any. so basically to me thats just an application form.

 

Thanks tb. so then if that is what they have sent to me as their version of a cca then what am I supposed to have, and what are the prescribed terms?

 

Mr W

[teaboy2]

presribed terms are basically the terms and conditions in which you are bound to by the agreement. It should also include the APR % and such terms have to be the ones current at the time of the agreement being signed.

 

also they have to be within the same 4 corners of the document as the agreement itself such as overleaf on the back of the agreement.

 

So you whould have been sent a copy of the terms and conditions that clearly state somewhere on them how they are connected to the agreement such as "terms and condtions for agreement overleaf".

 

So if they not sent you any terms and conditions (perscribed terms) then its invalid same if their was nothing connecting the the application to the terms or the terms to the application.

 

So if thats all they have sent you then its invalid due to the lack of any terms.

[Mr Worried]

presribed terms are basically the terms and conditions in which you are bound to by the agreement. It should also include the APR % and such terms have to be the ones current at the time of the agreement being signed.

 

also they have to be within the same 4 corners of the document as the agreement itself such as overleaf on the back of the agreement.

 

So you whould have been sent a copy of the terms and conditions that clearly state somewhere on them how they are connected to the agreement such as "terms and condtions for agreement overleaf".

 

So if they not sent you any terms and conditions (perscribed terms) then its invalid same if their was nothing connecting the the application to the terms or the terms to the application.

 

So if thats all they have sent you then its invalid due to the lack of any terms.

 

Ok then tb, so what is my next step, wadya recomend?

 

 

Mr W

[teaboy2]

Hi Mr W

 

personally i would send them the letter below - that will give them something to scratch their heads for other then the head lice their all infected with

 

ACCOUNT IN DISPUTE/DEFAULT

 

Date:

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, 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. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (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.

 

This limit has expired.

 

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

[Mr Worried]

Hi Mr W

 

personally i would send them the letter below - that will give them something to scratch their heads for other then the head lice their all infected with

 

ACCOUNT IN DISPUTE/DEFAULT

 

Date:

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, 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. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (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.

 

This limit has expired.

 

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

 

tb thanks for that. do I need to make any goodwill payments etc?

[teaboy2]

No you do not have to make anymore payments to them until they have supplied you with a valid CCA.

 

 

P.S. Also until they send you a valid CCA you can just ignore their letters. But keep hold of them as they wil prove useful when making a compalint to the OFT etc.

[postggj]

out of interest

 

what made you think it was enforceable

 

i nearly died when you said it was

[Mr Worried]

No you do not have to make anymore payments to them until they have supplied you with a valid CCA

 

WoW really....is that letter in templates or have you adjusted it/

 

Mr W

[teaboy2]

Its in the templates libary ive not adjusted in in anyway accept for adding the /DEFAULT in the letters title.

 

Youll find the letter here in the libary http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

Of course i am assuming it was over 14 days ago when you put in sent the original CCA request.

 

If not just wait till it has been 14 days since you sent the CCA request and then send the letter i suggested.

[Mr Worried]

out of interest

 

what made you think it was enforceable

 

i nearly died when you said it was

 

Sorry post must have fluffed up somewhere as I had trouble uploading docs, but now they are up and thats all they sent me?

 

Mr W

[Mr Worried]

Its in the templates libary ive not adjusted in in anyway accept for adding the /DEFAULT in the letters title.

 

Youll find the letter here in the libary http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

Of course i am assuming it was over 14 days ago when you put in sent the original CCA request.

 

If not just wait till it has been 14 days since you sent the CCA request and then send the letter i suggested.

 

Oh yes I requested on the 18 Nov 09.

 

Cheers