CCA next step

[indigo_child]

Right, just checking my next step.....

 

The 12+2 days my DCA of choice had to send me the alleged CCA have now passed (even though they have contacted me early on to say they are contacting the alleged original creditor for one), this means I send them the account in dispute letter?

 

Also are there any other time limits as from today I should be aware of?

 

Cheers Caggers

[Deb T]

They can supply it any time they like, I think they have 30 days as a general rule of thumb but 12+2 days and not supplied then you're entitled to put the account into dispute.

[firstship]

They have the 12+2 days, (no reply,or need to refer this to the OC) still send the account in dispute letter to the DCA the sad part of this is they have as long as it takes to produce signed agreement,there should be a time limit.however put the account in dispute and wait..FS

[indigo_child]

So account in dispute letter it is then! however can you explain the 30 days thing further....

 

30 days from when?

 

and

 

what happens after the 30 days?

 

Just getting myself organised and learning about this stuff! cheers for the pointers

[firstship]

There is no 30 day in place anymore just the 12+2 days....FS

[Deb T]

It used to be that after 30 days they were commiting an offence if they did not supply you with the credit agreement, the crimminal offence has since been removed via an amendement to the act.

[indigo_child]

righteo, is this the letter i should be sending off? or is there another more up to date template im missing? Cheers!

 

ACCOUNT IN DISPUTE

 

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 21 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 21 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

[firstship]

The letter is fine send recorded delivery...............and the ball is back in their court..........await their response..............FS

[indigo_child]

thanks FS! sent it today, as i managed to find confirmation that i was the correct letter on another thread, recorded delivery and have kept a copy with the receipt stapled to it in a safe place

[firstship]

Good...........lets hope the response is what you are seeking...will watch out for your thread............FS