Plz point in right direction- site soooo big now!

[blossomgreen]

Hi all

 

Im taking control of my finances myself after trying with cccs since April 09 and need some advice or a point to the right letters.

 

Last January I sent off CCA requests for 5 of my creditors. Braclaycard, Tesco & Nat west CC came back only with terms and conditions and Tesco and Nat West even had the wrong name in the information they sent. (numpties)

 

Anyway I decided to try the DMP and although it was crippling I managed. However in january this year I split from my partner and have now decided to do it all on my own (dont have his money to rely on anymore). So far I have managed to get all of my other creditors (except for the bank accounts) to accept my offers so I feel a bit more in control than I did before.

 

Anyway to cut to the crunch I now want to dispute the accounts.

 

Where shall I get a letter to do this (considering they sent me the terms and conditions) and not a signed CCA (in any shape or form) I cant seem to find it on here although i have seen it before and I have looked in the letter templates.

Please advise asap.....as I need to get letters off today.....as I have received letters saying that they will pass on to DCA's as they are now asking for full balances of the accounts.

 

Thanx in advance- Blossom

[cerberusalert]

Edit this to suit;

 

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

[blossomgreen]

Thanks for the quick response cerberusalert. Mucho appreciated!

[blossomgreen]

Hi

 

I have sent off account in dispute letters to Barclaycard, Tesco & Nat west. I have also sent of CCA requests to Nat west for 2 bank accounts that I have with them. (They initially refused my offers of payment that I have pro rata'd from using the spreadsheet on Cag) Then 1 week later they said that they would accept the offer. Crikey I wish they would make up their minds!

 

Anyway I have written back to them as they did not state if they would freeze the interest on the account so for another measure I also requested a copy of both accounts CCA with the £1 postal order.

I have seen threads where it is stated that cca's dont apply to overdrafts but this doesnt seem very cut and dried.

 

I will keep this threwad updated and would appreciate anyone in the knows input in due course. Thanx

[blossomgreen]

Hi all- advice needed

 

I have had letters back from all creditors for Tesco. Nat West & Barclaycard

 

Tesco have sent me a letter saying they have fulfilled their side of the bargain by sending me a copy of terms and conditions and also a 'true' copy of what i would have signed at the time. They have advised me to go to CAB as they will pursue the debt if i continue to doubt the veracity of what they have told me so far. blah blah blah...... They do not have a signed copy of the agreement!

 

Nat West have sent me the exact same letter although they could only provide me with a signed application form and of course with totally the wrong name on a further letter stating the card number only and the credit limit.

 

Barclaycard have gone one step further and sent a letter stating they have cancelled my repayment arrangement (the one I had with CCCS) and have now brought in Mercers. Who have started to call. Crikey didnt even understand half the words she said. I advised her I was writing to them and would only communicate in future through written correspondence. She seemed ok with that and hung up. Barclaycard do not have a signed copy of an agreement either.

 

So what do I do now! Please point me in the right direction again folks......Thanx Blossom x

[cerberusalert]

Mercers are their in-house threat monkeys.

 

You don't have to do anything just yet, the balls in their court, just wait for the next round of letters.

[blossomgreen]

okidoke! The letter from Mercers does state that I have til 23rd April to make a payment and if i dont they will make a formal demand and they will register with credit reference agencies. Can they still do that if BC already defaulted me......seems a bit odd. But I get your drift I will await the next round. Thanks again cerberusalert......

[cerberusalert]

Have they sent you a Default Notice?

[blossomgreen]

Hi - yes just checked. It is a default notice.....saying they act as agents for BC.

[cerberusalert]

Can you scan it and post it up? Remove identifying details first.

[blossomgreen]

Hi All...Sorry been a while I havent had access to a scanner but would really appreciate advice on the following. There have been a few developments

 

Mercers contacted me on April 6th as stated above with a default notice stating

 

Default notice under section 87(i) of the CCAct 1974

They procedded to state that they act as agents etc and that i was behind with payments. They then said that I shoudl pay minimum payment by 23rd April 2010. then they contimued to state what action can be taken against me etc.

 

On may 5th I received a 2nd letter from Mercers stating that they will pass my account to a local debt collector who may call at home for full repayment. Apprently they are confident that we can resolve the problem.

 

On May 27th I received a letter from Barclaycard referring to Section 78 of the CCA 1974. They have stated that they must supply me with a copy of my executed agreement and a statement of account which is practicable to refer (blah blah blah!) They then stated Please note a copy of your current Barclaycard Credit Agreement will be sent under separate cover.

 

Withn ref to CPR we have provided you with sufficient info to allow you to understand our position. The CPR does not confer an automatic entitlement to documents before proceedings start. CPR 31.16 provides that a party may apply to the court for pre-action disclosure in certain ltd circumstances, which do not apply here. The application must be supported by evidence and the usual order is for the applicant to pay the costs of the application, including the respondents costs, together with the respondents costs of complying with any order that is made as a result CPR 48.1(2)

They continue to state they have provided me with the contractual terms under which my financial obligations arise and a statement of account. They then state that if i dont keep up my payments they will register a default against you. Durrrr! havent they already ??? and Mercers??? I thought you could only have 1 default....

 

they have attached a copy of BC terms and conditions.

 

Now I am presuming they are just trying to confuse me with jargon. I know there wont be an agreement available. the card was over 20years old. So what do I do now???? and who do I respond to....Mercers or Bcard? And who the ek will these local debt collectors be? I have had phone calls from Moorcroft recently but have ignored them or told them that I will only communicate in writing and well this dca is dealing with a RBS card that there was no agreement for....im going to start a new thread for this one I think....but tbqh..its the same sort of situation...So plz help blossom before she hits the blossom hill. lol;)

[cerberusalert]

What is the date that the Default Notice was sent?

I thought you could only have 1 default....

They can only register one default.

I know there wont be an agreement available.

Without an agreement they cannot enforce.

 

Send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[blossomgreen]

Thanks for quick response again cerberusalert!

 

Just been through all documentation. The default was sent April 6th 2010.

 

Bcard have sent the same letter this week that I had in Feb 2009. I am confident that there is no cca too....

 

I will send them the letter. Thanks

[cerberusalert]

A court would assume that a default notice was sent 2nd class unless they can prove otherwise which means they allow four working days for service, add the fourteen days to remedy and the date should be the 24th April so the DN would be deemed one day short.

 

Did you keep the envelope?

[blossomgreen]

I didnt keep the envelope but Im learning. I sent a dispute letter to barclaycard though on March 21st 2010. so surely Mercers shouldnt have issued a default on this account? So I am assumin I clould argue that they remove it.... after they receive the letter I have just composed!!!

[cerberusalert]

So I am assumin I clould argue that they remove it....

You could but I wouldn't because if they terminate your a/c on the back of a defective default notice they would only then be legally entitled to any arrears not the full amount as they would have 'unlawfully rescinded' the agreement.