Help with a CCA request

[yankee1]

Hello I am currently disputing a default that has been placed onto my account which is a long story to which i do not deny the debt but at odds to whether the debt is legally enforceable- (The debt is paid so im not trying to not pay)

So i sent this to the company and this is the response, Is the response correct?

 

Letter I sent:

 

I refer to my email dated 17th May 2015 in which you replied on 26th May 2015, You have also responded on the 7th July 2015 to which you state you are still awaiting documents from the original creditor in which you have already had 54 days to provide me with these documents

 

You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

 

In my email on 17th May I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time {debt agency name} purchased this account, along with any other documents mentioned in the credit agreement.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on 30th May 2015 and 27th June 2015 respectively.

 

As you are no doubt aware, Section 78(6) states:

 

If the creditor under an agreement fails to comply with subsection (1) -

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore on 27th June 2015 this account became unenforceable as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, i do not acknowledge any debt to Aktiv Kapital

 

I require the following action from lloyds

 

 

1. Removal of all defaults entered by lloyds Note this is to be a complete deletion and not merely an amendment.

 

OR

 

2. Proof that i received the default notice to which that i strongly deny receiving at any point in this process.

 

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force lloyds or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

 

I look forward to your reply within 14 days to resolve the matter amicably.

 

The response

 

Good Afternoon,

 

Thank you for your recent email. You have stated that we must supply documentation within 12 working days; on this topic you have been misinformed as this is no longer a legal requirement.

 

Section 78 of the Consumer Credit Act obligates us to provide you with documents relating to your account; however it does not legally force us to provide you with these documents within an allotted period of time. When the Consumer Credit Act was written in 1974, 12 days were given to the creditor to supply documents; if they failed to do this it was treated as a criminal offence. However, in 2006 this addendum of the Consumer Credit Act was amended. This change was largely made because we, as a third party purchaser, must wait on original creditors to supply documents.

 

Now we do not have an allotted period of time to supply docs to our customers. The only thing that we cannot do is legally enforce your account until we have supplied these documents.

 

On the topic of documents you have requested, I have attached a copy of your Credit Agreement.

 

You have also stated you would like a copy of the Deed of Assignment. This is another request you have made that we have no legal obligation to provide you with. In order for any assignment to be binding in both equity and law, S.136 of the Law of Property Act 1925 prescribes that the notice of any assignment must be given to any party affected by it. The Deed of Assignment is a contract between ourselves and your original creditor (Lloyds) that bears no names of individual debtors (such as yourself); this is a private contract between two businesses.

 

 

 

You have also requested that all the money you have paid is refunded to you. As you made these payments towards a legitimately Defaulted account, this has substantiated your liability for the debt. Without documentation, the debt is not enforceable in a court of law, but it can still be collected. On this basis, we will not be refunding the money paid towards this debt.

 

 

 

In terms of your Default Notice, Lloyds have advised us that this was issued to you on 16th May 2011; this is all the information we are obligated to supply to you. As you never previously raised a dispute regarding the registration of the Default against you, we now consider this matter closed. The Default will remain on your Credit File until 2017.

 

 

 

We have now ended our investigation into your dispute.

[fkofilee]

Right I need some more info. Was the a current account? Or a Loan / Credit Card?

If it was a OD then they do not need to supply a CCA because there isnt one for it

 

Plus the Deed Of Assignment rubbish is wrong. Were did you get that from?

They are not obliged to show you the Deed Of Assignment. As for refund of moneys paid. I dont understand what you are trying to achieve.

[yankee1]

Hello,

 

Okay so this is a unsercured personel loan taken out in 2009.

 

I am adamant the default was not served to me and d that I was not sent the details of the sale of the debt, So I want to understand why this was not sent to me where I might have taken a more serious decision at the time.

 

Thanks

[BazzaS]

Hello,

 

Okay so this is a unsercured personel loan taken out in 2009.

 

I am adamant the default was not served to me and d that I was not sent the details of the sale of the debt, So I want to understand why this was not sent to me where I might have taken a more serious decision at the time.

 

Thanks

 

I'm still unsure what you are hoping to achieve.

Preventing them enforcing the alleged debt until they provide the CCA / documents - absolutely, even if you owe it.

 

Preventing them reporting on the (unenforceable) debt? No way unless you are saying you don't owe it, too. If you owe the sum they can report on it, just not enforce until they have the required documentation.

[yankee1]

Simply to understand why they never sent me the default notice.

 

I may have confused myself never mind you yikes

 

Basically I want advice on finding the right request

 

thanks

[dx100uk]

your letters/emails sound a bit freeman of the land to me.

 

they are not legally obliged to send a default notice to default you

and the non appearance of the CCA

the DN

or the deed

are no reason to demand all your moneyback

nor have the default removed

 

 

it is worthy to note

if the debt is paid as you state in post 1

there is no requirent to even send a cCa return

the agreement is over.

 

 

whos the DCA please and what exactly are you trying to achieve with this debt/letters?

[yankee1]

Hi i think ive completley got confused and read something and sent off this email niavely to be honest.

 

I just want to know do i have any chance in challenging if a default notice was ever served as I know i never recieved it and if so what letter do i send

 

the dca is Aktiv Kapital think thats how its spelt

 

thanks

[AndyOrch]

You cant challenge the default...if you defaulted...it stays for 6 years.

 

Andy

[dx100uk]

the original creditor would have defaulted you before they sold the debt on.

to the debt buyer so your arrows should fired at the OC

and a CCA request is no good.

 

 

so since that time you've now paid the debt off

and you are now finding the default on your file is causing you issues getting credit or a mortgage?

 

 

do you have all the statements?

 

 

dx

 

 

 

 

dx

[yankee1]

Hi yes pretty much wanting to get a mortgage

 

I do not have the statements

 

thanks

[dx100uk]

sar time then.

 

 

whats the defaulted date on the cra file?