Vanquish & MackenzieHall

[sikez2012]

I received a letter from MackenzieHall nearly 2-weeks ago in relation to an outstanding debt with Vanquish for £390,

 

 

I sent them a CCA request and

 

 

today received a letter back with the £1 postal order saying they cannot carry out my request

due to the postal order not having Vanquish's name on it,i left it blank.

 

So they clearly don't have the CCA..

 

 

.how would you procede from here?

 

 

Many Thanks.

[renegadeimp]

Doesnt have to have vanquish's name on it. Theyre stalling. Wait for the 12+2 days and send the dispute letter.

[sikez2012]

Ok shall wait until Thursday of next week, Where would I find a template for a dispute letter or do you draft one up yourself? If you do what do you say etc?

 

 

Again thanks for any help, One of many i'll be sorting out to resolve my finances.

[havinastella]

Ok shall wait until Thursday of next week, Where would I find a template for a dispute letter or do you draft one up yourself? If you do what do you say etc?

 

 

Again thanks for any help, One of many i'll be sorting out to resolve my finances.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?405830-Letter-for-a-Failed-CCA-Request

[sikez2012]

I found this below,fill my bits and bobs in accordingly, would this be ok?

 

 

 

Dear Sirs,

Account no xxxxxxxxxxxxxx

 

Re: my request under the Consumer Credit Act 1974

This account is in dispute.

On xx/xx/2007 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

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 have enclosed an excerpt from page 5 of the guidance which states

2.6 Examples of unfair practices are as follows:

h. 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 agreement is unenforceable and the default notice is non compliant, 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

[sikez2012]

havinastella

 

 

Many Thanks shall use the link you supplied.

 

 

Thanks again.