Moderator or helper??

[linz2011]

Hi all

 

Does anyone have a letter template to send if you have received an applicatin form under the CCA ?

 

Any help as always appreciated x

[lookinforinfo]

As noone has replied, I assume they are all as mystified as I am about your query.

Are you asking what to respond if they send you a copy of your application form as a result of you sending them a CCA request? Or have I got your

question totally wrong?

[rory32]

It depends what's actually wrong with the application form. General letter is:

 

Dear Sirs,

Thank you for your response to my request under the Consumer Credit Act section 78 (if it was a credit card/store card) 77 (if it was a loan).

 

I am pleased to see that you confirm this as a true copy of the original agreement executed by ourselves on the (date).

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

 

As this is the case I will of course be making no further payments on this agreement, any further action on your part to enforce will be vigorously contested.

 

Please note you may also consider this letter 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 including any defaults. 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 fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

I shall also be considering further action to recover unlawfully applied interest and charges that have been levied on the “Agreement”.

 

NOTE: You won't actually be doing the last bit, you are just stating that you are considering it.

[linz2011]

Hi all

 

Any ideas what the wording would be to get your defaults removed - I wish to file a claim against 3 companies who have admitted no CCA but refuse point blank to remove defaults

 

Many thanks

[grobbo24]

Just Subscribing because any info you help might be useful for me later.

[42man]

Hopefully you might find something helpful in here....

Re:− Account Number (some numbers)

I wrote to you on the (date here) requesting a true, signed copy of any credit agreement that exists in relation to the above account. This is my right under Sections 78 of the Consumer Credit Act 1974. This statutory fee of £1.00 payment was included with my original request. This letter was sent recorded delivery, and received and signed for at your address on (date they received it).

 

Under the terms of the above Act, a creditor has 12 working days to provide the requested document. Should they fail to do this, they have a further calendar month to rectify this default. Failure to comply within these timescales is a criminal offence.

 

Both of these deadlines have now passed and all I have received in relation to my request is a copy of the application form which was completed prior to the opening of the account. As this is not a correctly executed document this can lead me to only one conclusion, that being that no signed credit agreement exists in relation to this account.

As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable, even in a court of law. This will be a complete defence to any court action that you may consider taking

 

Please note, you may also consider this letter 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 the 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.

 

 

 

 

 

Under the Data Protection Act I have principled rights in that

 

(Schedule I)

1. Personal data shall be processed fairly and lawfully

2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes

 

(Schedule II)

1. The subject has given his consent.

2. The processing is necessary

a. For the performance of a contract to which the data subject is a party.

The fact that you cannot provide me with a copy of the agreement negates any Notice of Default being served on me, as required by the conditions of the Consumer Credit Act 1974. If the documentation were to be produced as you are aware the default notice cancels any original terms and conditions and as such cancels any right to share my information without my consent.

 

There has never been any regulated agreement in relation to this account, and therefore you have never had my consent to process my data. I also do not see how you can state that you have a legitimate interest in processing my data as we have never had any contract that would enable you to do this.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

Furthermore, you should remember 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 therefore the following applies:

 

You may not demand any payment on this account, nor am I obliged to offer any payment to you.

You may not add any further interest or charges to this account.

You may not pass this account to any third party.

You may not register any further information in respect of this account with any of the credit reference agencies.

 

I look forward to your final decision on this complaint by 07/08/07. This should include your proposed actions in relation to the lack of a credit agreement

 

Yours faithfully,

 

 

 

 

Mrs Stroke a badger

[linz2011]

Hi many thanks for your reply - I have used this to send to them directly - I really need to hear from anyone who has taken court action to have a default removed as I have written now so many times and I am getting nowhere

 

Many thanks again

[42man]

I'm sure someone will be along soon Linz....good luck, i'll keep my eyes peeled on this thread...

[linz2011]

thanks really appreciate you dropping in

[linz2011]

bump

 

any help as ever greatly appreciated

[asiddle]

Hi linz2011, I am about to embark on the same type of quest as you. To have defaults removed. It seems very unfair that companies can randomly place this on in a very short period of time yet removal even for unjustified defaults is an absolute nightmare. I think the law needs to be tightened up on this one to protect the consumer.

 

Anyway keep us updated how you get on.

[linz2011]

B U M P

[gizmo111]

Here is the response from the Information Commisioner http://www.consumeractiongroup.co.uk/forum/general-debt/110030-information-commissioners-office-view.html#post1070346

 

I will also move this to the default removal forum.

[linz2011]

Thanks Gizmo

 

Just a quick question (unrelated) how did you work out the interest on your loan account?

 

Thanks:)

[gizmo111]

Thanks Gizmo

 

Just a quick question (unrelated) how did you work out the interest on your loan account?

 

Thanks:)

 

It's on the thread - but basically the amout of interest divided by the total debt and then multiplied by the amount of charges that were put into the loan.

 

So say I borrowed £7500 - charges were £2500 and interest was £2000

 

2000/7500 = 0.26 X 2500 = £666 (and then 8% on top)

[linz2011]

thanks

[maybelline]

PRACTICE DIRECTION –type="start" timestamp="1167928462736"CONSUMER CREDIT ACT 2006 – UNFAIR RELATIONSHIPStype="end" timestamp="1167928462736" - This Practice Direction Supplements CPR Rule 7.9

 

I am found this, I want my default removed on ground agreement is unenforceable, any legal minds could summarise this I would be grateful:)

[car2403]

Hi everyone,

 

I'm working on a thread that may be of interest to you? Or, hopefully you'll some more input for me!;

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/111211-defaults-background-removal-methods.html

 

PRACTICE DIRECTION –type="start" timestamp="1167928462736"CONSUMER CREDIT ACT 2006 – UNFAIR RELATIONSHIPStype="end" timestamp="1167928462736" - This Practice Direction Supplements CPR Rule 7.9

 

I am found this, I want my default removed on ground agreement is unenforceable, any legal minds could summarise this I would be grateful:)

 

Maybelline, I think this can only be used in very limited situations - creditors that have pursued you outside of their legal obligations, such as harassment or causing you distress, etc. I haven't seen this used, though, so only IMHO.

[Givuzagame]

Ok so how do I contact NOMBot? I'd like to help in any way I can - you have helped me - so lets see if I can help back.

[Michael Browne]

Ok so how do I contact NOMBot?

User CP - Messages - Compose Message and put NOMbot as the recipient

[Givuzagame]

Thanks Michael!