Failed to comply with CCA - my next letter, can someone have a quick look?

[TheAnalyst]

Hi folks ...

I have sent 3 letters via recorded delivery on the 21st of March to 3 different companies who have defaulted me asking for copies of my agreements under the CCA.

I have not received a reply from any of these companies, they have simply ignored my requests so I have drafted a second letter to send to them and would like someone to look it over who has experience with these CCA requests and ok it for me?

 

 

 

Mr The Analyst

xxxxxxx

xxxxxxxxxxxxxxx

xxxxxxxxxx

xxxxxxxxx

 

Carphone Warehouse

North Acton Business Park

Wales Farm Road

London

W3 6RS

 

Date: 04/05/2007

 

“Mobile Phone Contract” at address: xxxxxxxxxxxxxxx, xxxxxxxxxxx, xxxxxxx

 

I refer to my letter dated 21/03/2007, which was delivered via recorded delivery to your offices on 23/03/2007.

 

In my letter 21/03/2007 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. In addition, a statement of my account should have been sent along with any other document mentioned in the credit agreement.

 

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 4/04/2007 and 4/05/2007 respectively.

 

As you are no doubt aware subsection (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 as at 4/04/2007 this account became unenforceable at law.

 

Any default notices or adverse comments your company have recorded on my credit reference file should be removed immediately, failure to action the above will result in all information being passed to Trading Standards and the Office of Fair Trading.

 

 

I await your rapid response.

 

 

Yours Faithfully

 

The Analyst

 

 

 

 

Am I jumping the gun a bit or is this the correct next step?

 

Also has anyone actually had any luck getting a default removed after sending a letter like this?

 

Thanks in advance!

[spitting kitten]

Hi great letter, you may get a response back saying that a default has to stay on for 6 years if so write back and ask them what law or legislations requires it to be on file for 6 years (which there is none only for bankrupts, iva's and ccj's) It would also serve to remind them that they do have the power to remove this information from a credit report. Some try it on by saying there is nothing they can do regarding this info, but they are still data controllers and will be held responsible if taken further. Good Luck

 

S.K

[MattyH]

Great letter, but I don't think that mobile phone contracts are registered under the CCA.. I would reccommend checking in the telecoms thread, before sending the letter.

 

M