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Has Anyone Please Got......

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..... a letter that explains to a DCA that the account is now in dispute with their client because an application form is not an enforcable CCA?

 

Hi all,

 

I am sick, sore and tired of trying to explain to Gothia/Red Castle idiots (Bonnie, that's you!) that I have a dispute running with BOI because when I CCA'ed them all they had was a unenforcable application form!

 

BOICreditApplication.jpg

 

BOI and these shower are not accepting the dispute even though the supposed CCA is absolutely, positively a crappy old credit card application form !

 

Is it time to start ignoring these idiots totally?

 

Cheers!

 

RI

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This any good?

 

Date: 2010

 

Ref: XXXXXXXXXXXXX

 

Dear Sir/Madam

 

Thank you for your numerous letters and silent telephone calls, 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 13 April, 2009 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 14 April, 2009.You have failed to comply with my request, and as such the account entered default on 30 April, 2009.

 

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. If the executed agreement was also superseded by later documents and regulations, you are to supply those. If you no longer hold a copy of the original signed agreement you should inform me of that fact.

 

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 youenter 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 collectionlink3.gif 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 agencieslink3.gif.

 

Should you refuse to comply, you must within 21 days provide me with a detailed Breakdownlink3.gif 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 interestlink3.gif 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 email to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I now ask for a copy of your formal complaints procedure and ask that this complaint be treated as my first formal complaint.

 

I will only deal with you in writing and through the medium of electronic mail which, as you are aware is traceable.

 

I also make a formal complaint against 'Max' - Agent 9779 who, whilst stating that your organisation adheres to Office of Fair Trading Guidelines on debt collection, feels it fair to: make more than 5 silent phone calls per day (silent as in answered but no-one on the other end) using mobile phone numbers thus hiding your identity - by making you harder to trace through web searches. I also complain about the fact that you bombard me with mail containing bills with details of how to consolidate finance - surely this is irresponsible and against O.F.T. guidance. You also invite people to pay their bill with credit cards - again strictly contrary to O.F.T. guidelines which state that you should not ask people to pay debts by taking on further debt. Max (9779) also states that you always comply with requests - I am still waiting for you to reveal all data that you held about me as at 1st May, 2009 when I made  Data Subject access requestlink3.gif as is my right under the Data Protection Act.

 

As you have failed to produce the correct documentation - which I paid for (£1 fee for CCA Request for each reference and £10 fee for the Data Subject Access Request), I now also ask that you return the fees to me without further delay.

 

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

 

 


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Or this?

 

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 suplied.

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:

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 supplied Agreement is unenforceable 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


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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They will do very nicely guys!

 

Many thanks!

 

Have a nice weekend!

 

RI

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