Cap1 & CCA return

[johnerog]

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html#post1747504

 

This is the post i was thinking of, don't know if its the one you have seen.

[Matheram]

Yes i plan to i have never missed any payment or anything but i just think if i have the option to look at this then why not! i have printed the letters off and will send one probabily tomorow i just dont really know what im looking for when they do send me somethingt back as to if its good or bad ? i have read alot of posts and looked at some of the scanned images but im no legal pro so alot of it means not alot to me

[enoughisenough]

A DCA. Have just said they need to suspend collection activity for28 days while they respond to my request for info. They haven't responded to any issue raised. Obviously I've asked for the original agreement notice of assignment etc. Credit card debt. Next steps anyone? Thanks.

[andrew1]

A DCA. Have just said they need to suspend collection activity for28 days while they respond to my request for info. They haven't responded to any issue raised. Obviously I've asked for the original agreement notice of assignment etc. Credit card debt. Next steps anyone? Thanks.

 

I'm assume here EIE you know this was assigned and they are not just an 'agent'?

[enoughisenough]

Hi A1

 

that is part of what I've asked them to clarify. But they don't seem to want to part with that info. So they can get totally stuffed after 12+30. might turn the heat up by issuing claim anyway. Any thoughts?

[Matheram]

Enough is enough who is your credit card with?

[enoughisenough]

Crapital One!

[Matheram]

when did you take thats out then?

 

i have a Barclay card and im trying to find out if that one is un enforceable but iv been advised there is no way Barclays will send me a CCA

[sunray001]

Hi,

 

Barclays response to my CCA request was just Terms & Conditions.

 

regards

[Matheram]

where did ya take it from there sunray ?

[alisindebt]

By law they have to send you a CCA, called a true copy. there is a tem,plate letter on this site to use, send it to them registered post with a cheque or postal order for 1 pound and they have 12 days to send it to you, plus two days processing, etc . That means you should get it in 14 days, or so.

 

If they do not send it in time then the account defaults into dispute. if they do send it then take a close look, there are many examples on here of what is and is not enforceable.

 

when did you take thats out then?

 

i have a Barclay card and im trying to find out if that one is un enforceable but iv been advised there is no way Barclays will send me a CCA

[r&b]

when did you take thats out then?

 

i have a Barclay card and im trying to find out if that one is un enforceable but iv been advised there is no way Barclays will send me a CCA

 

Hi,

 

Barclays response to my CCA request was just Terms & Conditions.

 

regards

 

then whilst in default of a s.78 request they cannot enforce, merely ask 'nicely'

[Matheram]

Yes i know the procedure for all this now but it dosent seem to matter really they wont send them in any of the cases iv seen on these threads and to be honest if by a miracle they did i wouldnt have a clue what i was looking at

[alisindebt]

A copy of terms and conditions is not a true copy of the CCA. A true copy of the CCA is a copy of the original credit agreement in total. They are now in default. There is a template letter you can send. Alterniatviely, you don't have to do anything, they are the ones at fault.

 

One has to ask why they would only send this document to you, rather than the correct one, perhaps they have something to hide? last time I had a compnay giving me the run a round for a CCA was a DCA called CapQuest. it was like pulling teeth! However, I persisted and when it arrived, surprise surprise, it was unenforceable.

[sunray001]

Hi,

Sent them the letter about sending just Terms & Conditions was not good enough. Barclaycard will just keep repeating themselves about their obligations are complete, they are allowed to leave things out, pay up or else.

[enoughisenough]

About nine years ago. Defo they haven't got an enforceable agreement.

[r&b]

if they refuse to comply, u have the choice of seeking further disclosure under the CPR or doing nothing and inviting them to litigate where u would point out that they are still in default of your s.78 request.

[Matheram]

Yes sunray seems to be the same for most of the credit card companies they run you ragged over and over and drag it out as long as possible i have not read of one single person who has recevied there original document as it should be yet!

[alisindebt]

They are BS you. They have to send the full CCA and this sounds like they either don't have a copy on file, or it is unenforceable. Use this template, then keep quiet, they are in the wrong:

 

Account In Dispute

 

Dear Sir/Madam

 

Re: my request under s78 of the Consumer Credit Act 1974.

 

Thank you for your recent letter sent to me dated **DATE**, the contents of which are noted. 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, dated **DATE**. Upon receipt of the original request the specified account legally entered into disputed status.

 

My request remains outstanding. The supplied documentation does not constitute a true copy of a credit agreement and that which you sent doesn't even contain all the prescribed terms and is not 'properly executed'. The statements sent do not correspond to the amount stated in your earliest correspondence and therefore they do not satisfy the requirement to supply me with a statement of account.

 

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 **12 days DATE** to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is 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 agencies (or any third party).

 

To register information with a credit reference agency, you must have written consent from the data subject 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 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation. . You entered into a default on **12 Days DATE**

 

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

 

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I would appreciate your due diligence in this matter.

 

I look forward to your reply.

 

Yours faithfully

 

Hi,

Sent them the letter about sending just Terms & Conditions was not good enough. Barclaycard will just keep repeating themselves about their obligations are complete, they are allowed to leave things out, pay up or else.

[Matheram]

Alisindebt do you have an equaly good letter that i could send in a first instance to request my cca ????

 

thanks

[sunray001]

Hi,

You eventually just end up in a stalemate.

The CC company or DCA will just sell it on, and round

again we go.

 

regards

[car2403]

Hi,

You eventually just end up in a stalemate.

The CC company or DCA will just sell it on, and round

again we go.

 

regards

 

Unless you apply for a order declaring the debt unenforceable from the Court under s.142 CCA 1974.

[alisindebt]

Use this template to request a CCA from the bank. There is a different one if you write to a DCA.

 

To: The Company Secretary

 

 

Dear Sir/Madam

 

Account No

 

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement. I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of my credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

Yours faithfully

 

 

 

 

Alisindebt do you have an equaly good letter that i could send in a first instance to request my cca ????

 

thanks

[sunray001]

Has anyone had success applying for a order declaring the debt unenforceable from the Court under s.142 CCA 1974?

[alisindebt]

However, if you don't want to go to court, and the debt is unenforcebale anyway, remember the onus is on the DCA to prove that this is a legitimate debt. of course, they cannot. So as an alternative you could use a letter like this:

 

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

 

Another nice one to use when it is passed to another DCA is the "bemused" letter, I have used this with great success!

 

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