Arrow Global/Orange Help!!

[dx100uk]

they might be happy it represents a true copy.

 

but its a load of twaddle and a few computer screens that show AN account transaction page.

 

Therefore Next are not required to provide you with a signed "Executed" copy of the agreement and this is made clear in Section 3(2) of the CCA. We are required to provide you with a true copy and a true copy is enclosed along with a current copy of our credit agreement and a statement of account.

 

therefore YOU are not obliged to pay them anything.

 

dx

[timmeyboy]

So how do I tell them that?? lol

[dx100uk]

send the a/c in dispute / failure to comply to cca request letter and stop payments.

 

dx

[timmeyboy]

Is that letter 20 in the Consumer Action templates?

[timmeyboy]

Also today is now the last day CapQuest have to send me the CCA I requested from them.

They did send me the letter asking to wait 28 days for them to find the agreement but shall I send them letter 20 as well?

 

Also - Am I reading the letter right, if they can't provide me with a signed true copy of the CCA then they must remove the defaults that are on my credit report?

[letsdothis]

Also - Am I reading the letter right, if they can't provide me with a signed true copy of the CCA then they must remove the defaults that are on my credit report?

I am too in dispute with CQ, no enforceable agreement for another creditor, sent the CCA request, sent the letter in dispute, CQ have ignored them both completely.

 

There is no guarantee CQ will do what you request or even remove the default. Until they comply with the CCA, I believe you have a complete defence in court should they try to enforce it.

[timmeyboy]

So what are you planning to do then?

If they won't remove the defaults placed against me and they ignore the letters, whats the point of it - unless of course they try to take me to court for the debt?

[letsdothis]

CQ are a pain in the backside. Without a valid CCA how can they prove you owe the money?

 

If they take you to court, then you have a paper trail of asking them to prove that you owe the debt. Without a valid CCA they cannot prove it.

 

CQ have not removed my default for Cap One, and they also have not replied to my letter in dispute so far, they are way past the 14 / 21 day deadline I gave them in the letter of dispute, but they have stopped mithering me.

[timmeyboy]

Was it letter 20 that you sent to Capquest?

 

I'll give them a few more days and see what happens and if nothing then I'll send letter 20 out and cancel the Direct Debit that I set up with Capquest until then can provide me with the CCA.

Knowing my luck they will end up finding something - although I think the credit card was obtained online so I don't remember signing anything

Next are going to get it anyway - wonder what they will say to that!!!

[letsdothis]

What's letter 20?

 

I sent 2 of them:

 

Re:− Capital One : xxxxxxxxx

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by 5th May 2010, I will have no hesitation in passing your details to the Office of Fair Trading.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Yours faithfully

 

When they didn't comply after 12 days of them receiving it, I sent this:

 

Re: Capital One : xxxxxxxxxxxx

 

Dear Sir/Madam

 

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]

 

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 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

 

I have heard nothing since.

 

[timmeyboy]

Yeah that second letter is letter 20 in the debt collection templates.

[letsdothis]

They ain't replied so far mate. Well over the 14 or the 21 day deadline.

 

If they take me to court, they won't win now, I have done everything I can do to show there is a dispute.

[timmeyboy]

But how do you deal with having the defaults on your credit report - I'm trying to get rid of mine

And I want this cloud lifted from my head

 

Why do they have to make it so hard - can't they just admit they can't enforce the debt and write it off, we've called their bluff, they don't have a leg to stand so can't they remove our defaults and go harrass someone who has got a signed CCA lol

[letsdothis]

An unenforceable debt does not mean that you don't owe it, it just means that they cannot go to court to recover it.

 

If you borrowed the money and never paid it back then you have to suffer the consequences. A DCA will trash your credit file, and this will last for 6 years.

 

Have you had any default notices?

 

Have you any charges for late payment etc?

[letsdothis]

I just noticed that you owe less than £400 - If you have the funds to settle this in F&F then you could say to them, I will pay the £400 if you remove all detrimental information off my credit files. Although you would have to be a very good negotiator to achieve this.

 

I have managed a fair few F&F settlements, but zero default removals, only F&F settlements for a percentage of the debt I owed.

 

The only way you could get the default removals is with F&F settlement and that proviso, or the fact that the Dn's are faulty.

[timmeyboy]

I've never had any letters from any company saying that my accounts had gone into defualt.

I moved away for a few years and never updated any of my addresses with them so they've never sent me any letters - I only knew I had any defaults when I got my credit file

[letsdothis]

I would:

 

Send the letter to ask for the CCA to the DCA - Pay the £1

 

Send the SAR letter to the OC - Pay the £10

 

If when you get the SAR back I would then check the default notices that they have sent. They could be faulty, as in not enough time etc then you could argue that point. The SAR would also show any default payments for late / bounced payments.

 

If you have any default / late payments, claim these back and then argue the fact that the default notice contains an incorrect amount as it includes late payment charges etc

 

Unless you can negotiate the F&F with default removal, I don't think you would achieve anything tbh

[timmeyboy]

Hi Everyone!!

It's been a while.

I sent the Failure to respond to CCA request letter to both Next & Capquest.

These are the responses I had from both of them.

 

Not heard anything from them since.....but not really sure where to go from here

Both letters have a different response.

Next say I do owe them and what they sent is fine, Capquest also say I owe them and they will continue to search for the CCA and god help me when they find it!! lol

 

 

Your thoughts as always would be greatly appreciated

Next.pdf

Capquest.pdf

[dx100uk]

as in post 39 then sadly

 

time to ignore both of them till they ever produce a signed agreement.

 

sadly there is nowt you can do about the defaults, they are within the current thinking that they can still trash you creit file.

 

the only thing now is o offer a VERY LOW F&F with a clause to remove the default or wait 6yrs from your last financial in/out and all will dop off.

 

dx