what letter to send for CCA non compliance

[caigey]

Hi i sent a CCA to lowell on 01/03/07 there time is now up by over a week and they have not replied. Can someone please give me an idea on what letter to send back to them. They did get my letter as they sent me back there standard reply to confirm they had my request.

 

Thanks for any help.

 

P.S does this mean they can't chase me for this debt any longer?

[stadium_arcadium]

Hi Caigey, there is no need to write to them if they have not complied. As they have commited a criminal offence by not supplying within the time limit they cannot legally enforce the debt, so cannot chase you for payment. If however, they do produce the info in the future, they could collect on the debt but would have to get a court order to do it.

[tifo]

Try this .... its what i sent :

 

I refer to my letter dated {enter date} which was delivered via Recorded Delivery to your offices on {enter delivery date}.

 

You have failed to acknowledge this request in any way, whether by confirmation of receipt of the letter or by supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

 

In my letter of the {enter date} 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 {enter date} and {enter date} 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 {enter offence date} this account became unenforceable at law and no further payment will be made by myself to the account, 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 {debt agency name}.

 

I require the following action from {debt agency name} :

 

1. All payments made to date to {debt agency name} for this account should be refunded in full, including interest at the rate of 8% per annum.

 

2. Removal of all defaults entered by {debt agency name}. Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

 

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

 

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 {debt agency name} 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.

[rory32]

caigey if you do get any more correspondence with regards to "pay us now or we'll take you to court" just refer them to the CCA non compliance and report them to the OFT. As stadiun says, for now you don't need to do anything.

[rory32]

Although if you want to goad them tifo's letter is very good. Well done tifo!!!

[Curlyben]

I'd save tifo's letter for when they come knocking demanding more money. Then hit them with the non compliance.

Ps Yes, it means it's unenforceable untill they produce it.

[tifo]

Although if you want to goad them tifo's letter is very good. Well done tifo!!!

 

Thanks!

 

I sent it to nearly all my DCAs and its kept some of them quiet.

 

I have a second version i sent to some depending if they sent me a statement or application form etc giving them the good news that its still unenforceable.

[caigey]

thanks very much for your help guys. this lowell is a real pain and im so happy they didnt send anything in reply to the cca. time for me to annoy them for a change

 

thank yous very mnuch

[tifo]

check your credit files for defaults that Lowell may have entered. They have a habit of entering multiple defaults with incorrect information.

 

I just got 2 accounts written off and all defaults removed because of this and i only complained about 1!

[caigey]

Thanks Tifo i am sending that letter away today. they have entered 1 default onto my record ill see if they remove it. I loved your letter btw i can't wait to see what there response will be

 

Thanks

[bach]

Hiya Stadium ,

 

Im in the same position now as you and wondered if you had a response to tifo's letter (if you decided to send it that is) as could do with some advice

 

Thanks Lynn

[stadium_arcadium]

Hiya Stadium ,

 

Im in the same position now as you and wondered if you had a response to tifo's letter (if you decided to send it that is) as could do with some advice

 

Thanks Lynn

Hi Lynn, it was Caigey who sent Tifo's letter, I think, I would be interested to hear their response too. I am willing to offer advice if I can though:)

[caigey]

hi i sent tifos letter and got a respone back about 2 days later. They said after an investigation into the account they now consider the matter closed and i will receive no further correspondence. anyone thinking of sending it should give it a go worked well for me thanks again tifo

[tifo]

glad my letters useful!

[Vampyra]

Subscribing to this as I'm in a position to goad a few now! 7 DCA's to be precise!

[wednesday1867]

hi i sent tifos letter and got a respone back about 2 days later. They said after an investigation into the account they now consider the matter closed and i will receive no further correspondence. anyone thinking of sending it should give it a go worked well for me thanks again tifo

 

 

How do they condiser the matter closed?

 

Have they accepted your not paying them and or have they wiped out your outstanding balance?

 

Just im 2 weeks from MBNA committing an offence on my cca request

[stadium_arcadium]

hi i sent tifos letter and got a respone back about 2 days later. They said after an investigation into the account they now consider the matter closed and i will receive no further correspondence. anyone thinking of sending it should give it a go worked well for me thanks again tifo

Glad the letter worked for you caigey, I am just wondering if you know that Lowell placed any defaults on your credit file? How does the debt show up? (ie settled, etc)