Creation/Irwin 1a small claim Summons old BOS then GE Money Joint Loan *WON*

[IdaInFife]

you can send cerbs letter but i would be more inclined to send them this to show exactly why you are disputing their application form (although both are enuff the same)

 

Dear Sirs,

Account no xxxxxxxxxxxxxx

 

Re: my request under the Consumer Credit Act 1974

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

My request remains outstanding. An unsigned credit agreement with no personal details on it, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A blank agreement neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until xx/xx.2008 (12+2 working days after the request was made) to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation.

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

I expect you to write to me confimring that the account has been closed and no further action will be taken.

I look forward to your reply.

Yours faithfully

 

Ida x

[IdaInFife]

No problem and I'm sure you won't have too much problem with the spreading:p

 

Ida x

[IdaInFife]

Hi,

 

We donlt compose well most of us donlt we owe it to peeps like 42mand and Rory and all the others that have constructed and updated a letters available.

 

if there is any charges on it then you could claim these back to reduce the amount IF they send something back that's enforceable etc.

 

I would wait until RW send something back and them start a thread for that one to keep things simple.

 

Ida x

[IdaInFife]

With Mr B on this one,

 

ida x

[IdaInFife]

incase you need them: letter b

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

i would also include and i and e sheet and include you first payment. that way just keep to your proposed payments whether they agree or not as there's not much they could do if they don't

 

ida x

[IdaInFife]

looks ok

 

Ida x

[IdaInFife]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/195322-help-dont-know-where.html

 

ida x

[IdaInFife]

no probs maps £5 each, i'll send you an invoice with any charges add that i can think off

 

ida x

[IdaInFife]

enforceable means can be enforced through courts

 

ida x

[IdaInFife]

i'm getting confused ! lol

 

creation sent you the letter saying the do not have an agreement but here's what we thought it would look like?

 

ida x

[IdaInFife]

personally,

 

they have said they are not going to enforce it, i would be happy with that for now and just concentrate on any others

 

ida x

[IdaInFife]

Hi

Me back again....sent creation finance a questional agreement letter 24th April recieved reply today(29th April) very quick didn't expect that!! here goes..... I can't post their reply as scanner not working trying so hard to get this fixed. Their letter said that

 

"So that you fully understand the Consumer Credit Act 1974 the regulator deem the enclosed document to be a true copy of the credit agreement entered into by you., so consequently a proper response. If you have any queries about this you can take independent advice from local CA, TSDept. or contact consumer direct.

 

We have no legal obligation to supply a copy of the original agreement. Under the Act a true copy suffices.

 

We acknowledge that whilst we failed to supply a copy of the original agreement we were not entitled to enforce the agreement as set out under section 78 of the act. We have not sought to enforce the agreement, however, interest continues to run and the debt continues to be payable. There is no provision in the act for the debt to be written off and you would still owe us the money claimed.

 

Section 78 requires us to provide within 12 working days a "true copy" of the customers agreement (which is the whole agreement without any indentifying items such as date address and signature) together with a staement signed by us or on behalf showing according to the information to which it is practicable for us to refer:

 

(a) the state of the account

 

(b) the amount, if any, currently payable under the agreement by the customer to us, and

 

© the amounts and the due dates of any payments which, if the customer does not draw further on the account, will later become payable under the agreement by them to us.

 

Should you require any further information please respond in writting to the Data Protection Dept at the address on the top of the letter".

 

ALSO INCLUDED WAS ANOTHER BLANK CONSUMER CREDIT AGREEMENT 1974 PHOTOCOPY.

 

On the terms and Agreements photocopy there is statement which says :

 

Card Protection Plan is a registered trademark of Card Protection Plan ltd. CPP is a registered trademark of CPP group plc reg. 2004.

 

This confuses me as I took this store card out approximatel 2000-2001. How can something be dated 2004 in 2000-2001.

 

Any help would be appreciated REMEMBERING THIS IS IN SCOTLAND AS I BELIEVE SOME LAWS ARE DIFFERENT - HAVN'T A CLUE WHAT THE DIFFERENCE IS.

 

 

in red from your post

 

ida x

[IdaInFife]

U too...... just remember that can't get what you ain't got !

 

 

ida x

[IdaInFife]

you too

 

ida x

[IdaInFife]

any chance you have a claim/relcaim on the payment protection plan?

 

ida x

[IdaInFife]

have you ever had 2 evans accounts?

 

If not i think it would be time for a sar to find otu exactly what has been going on

 

ida x

[IdaInFife]

as long as you have proof it was delivered to rob way then that is fine,

 

wait until they contact you

 

ida x

[IdaInFife]

no probs,

 

ida x

[IdaInFife]

tends to mean they do not have the cca or they would still be chasing.

 

wait and see if GE make contact or they send to another bunch of ****.

 

Ida x

[IdaInFife]

to be homest there's not much that can be done until you receive you sar back from GE to find out what's going on.

 

 

To put your mind at ease you could send AK a letter stating that you have uncovered a few discrepencies with the account and waiting on GE money suplying documentation under your SAR and suggest that AK put a hold on the account for 60 days to resolve the issues with GE.

 

ida x

[IdaInFife]

okies

 

ida x

[IdaInFife]

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be resolved on **DATE**, this obviously hasn’t happened. As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter. I look forward to hearing from you in writing.

Yours faithfully,

now fook off

AFW

[IdaInFife]

Hi afw,

 

normally would advise to send acc in dipute for failing but due to your circumstances i think you want to let them know to stall them.

 

 

Dear Lewis twits,

 

Thank you for your letter dated xx/xx/xx which was in response to my Consumer Credit Act request dated xx/xx/xx.

 

Please note that the agreement you have sent in response in to my request was for a store card account no 123456789. My Consumer Credit Act request was for an alleged loan from the Bank of Scotlad reference number xxxxxxxxxxxxxx.

 

My request still stands and as you have failed to supply any alleged agreement for ref xxxxxxxxxxx this same account is in DISPUTE and will remain so until my original request is fulfilled.

 

 

Now fook off and gee me peace

 

AFW

 

 

obviously edit to suit and spell check as i have hangover!

 

Idax

[IdaInFife]

no probs afw,

 

unfrtunalety these siutaions just tend to end upin a game of ping pong with letters but at least if you make them aware of their error you may get somewhere

 

ida x

[IdaInFife]

Is it not about time they had you on the site team.

 

AFW

 

did you know something i didn't

 

idax