Damsel Fish V Fashion World

[Damselfish]

Hi,I just got a letter from Fashion World, after my request for a copy of my signed CCA. There letter said:'We thank you for your recent letter, the contents of which we note. In relation to your request for a copy of the executed agreement under section 78 of the Consumer Credit Act, I would refer you to regulation 3 (2)(b) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. In it you will see that there is no requirement to provide a photocopy of the agreement bearing your signature; it is sufficient that we supply details of the Terms and Conditions to which you have agreed. We are therefore enclosing a copy of the type of Credit Agreement sent to you when you opened your account in April 2004.'What should I write back to them? Are they correct? How have I 'agreed' to it if I haven't signed anything? Any help gratefully appreciated.ThanksDF

[Zimmie]

Dear Ms Damselfish, sometime ago...can't quite remember when, you entered into a credit agreement with me, you now owe me £7,500,000.01p. I don't have to send you a copy of the true, executed agreement, its good enough that I send you a copy I knocked up on the pc ten minutes ago. I'm also sending you a copy of some terms and conditions that you agreed to...you realise that me saying you agreed to this is sufficient. So please pay me the £7,500,000.01p within 7 days.

 

Seriously now, how would you respond to that, as it seems that is what they are saying!

 

I have read somewhere regarding whether or not the agreement copy has to be signed...I think it may be in the massive thread entitled Consumer Credit Agreements. However, it has to be a copy of the true, executed agreement, not a copy of the type of agreement they use.

 

I would be tempted to write to them pointing out the that they are obliged to provide this info under section 77 [1] and section 78 [1] of The Consumer Credit Act 1974.

 

But, I'm hoping someone with more knowledge comes along.

 

Good luck, Zim.

 

(Member of The Nigel Beaven From Lowells Went Into Work On Christmas Day Just to Send Me A Letter Club)

[diskmandave]

Under s.189 of the CC Act 1974 they are obliged to provide!

"If they are the original creditor or not".

[gizmo111]

TRy sending back this - obviously amend to suit you

 

Dear Sir/Madam

Ref; I refer to your letter dated 2 October 2006, in which you supplied me with an unsigned copy of your standard credit agreement. The supply of this standard leaflet in no way satisfies my request for documentation for the debt you allege exists – and I therefore do not acknowledge any debt to your company. For ease of reference I enclose a copy of that letter.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

You were in breach of the Consumer Credit Act 1974, on 8th September 2006 and one month later on 8th October you were guilty of committing a criminal offence.

I expect to hear from you within 10 days of this letter, acknowledging that this debt is indeed unenforceable, else you leave me with no alternative but to contact Bolton Trading Standards, and any other relevant statutory bodies to advise them of your conduct.

In your letter dated 2 October 2006 you refer to a firm of collectors, I fully expect you to advise them that this alleged debt is unenforceable also.

 

Take note, that any legal action you may contemplate will be both vigorously defended and contested.

 

Yours faithfully

[deedee1310]

Hello Damsel Fish.

 

Have read this thread with interest (as always), and would like to know how you got on.

 

:idea: