CCA - 12 days expired for Great Universal and La Redoute

[Layla_ck]

Hi guys!

 

Sent off a CCA request to La Redoute and Great Univesal, confirmed delivery through Recorded delivery slips and both have cashed £1 cheque but are not a week over their 12 working day deadline for sending me a CCA.

 

Has anyone got a template letter to send to them to remind them of their obligations?

 

Thanks in advance, Layla:)

[dencha]

Layla

 

There is no need to remind them of anything. They are well aware of their obligations upon receiving a CCA request.

 

If it is over the 12 working days from receipt then they have defaulted and any agreement they come up with (unlikely) could only be enforced by a Judge in court.

 

Following one calender month from the date of default they will have committed an offence at which stage you can report them to trading standards. If you have been making any payments then you should stop these now, but keep the payments aside in the unlikely event that they come up with an agreement before the one calender month is up.

 

dencha

[tooth_fairy]

Let them get to the 30 day stage then report them to their local Trading Standards and your local one too.

[harrythehawk]

La Redoute don't have them, expect a blank copy, print out and some covering letter saying you agreed this and you agreed that and this is all they need to supply ...... don't react, sit tight, it is utter rubbish and not a fully executed copy. After the 42 days you will be in control.

[Layla_ck]

Still no CCA from either, received a statement however from La Redoute stating no payment had been made - yeah, and that will continue to be the case until they provide a CCA!!

 

Waiting until the 1 calendar month then reporting them!

[rory32]

Before reporting them you may wish to ask them if they would like to write off the debt, rather than spend 6 years trying to chase a debt which is unenforceable and will as a result become statute barred.

[Layla_ck]

Well, Great Universal have said that 'they have made a commercial decision not to pursue this debt'.

 

At no point have we said we won't pay, etc, etc, at no point have they said, sorry we don't have the CCA, just this letter out of the blue! So feck em, will now send the stop processing my data letter

[rory32]

Well done Layla.....you've got a result!!

[Layla_ck]

Well, La Redoute have finally responded!!

 

I attach a copy of the standard agreement which you would have signed in accordance with advice given to you at the time you established your home shopping account with La Redoute. Copy statements showing all transactions are also enclosed. These enclosures satisfy the requirements of Section 77-78 of the CCA 1974 in regard to supplying a copy of the agreement and account statements.

 

I must however correct your statement that we are under an obligation yo provide a facsimile cope of a signed agreement. The regulation only requires us to provide a copy of the agreement and it is not necessary to provide a signature box. I refer you to Regulation 3 - Consumer Credit (Cancellation notices and copies of documents) Regulations 1983 (SI.No.1557)

 

I think that they are wrong, as they have only supplied a screen shot of the current balance and name and address and a copy of their terms and conditions, that is all, this is not correct it it?

 

Does anyone know what I should write back? Thank you

[rory32]

They are correct in that they don't have to provide you with an executed agreement. However, to enforce the agreement they would need to provide one that is signed and dated by both parties.

 

What they have given you does not sound like a credit agreement at all though.

 

Is there any possibility of scanning it in? Please remove all personal details first.

[Layla_ck]

There are not personal details in the CCA, it is just a blank copy of their credit application and terms and conditions in a 2 page A5 sized booklet.

 

The other paper they sent is a print out of statement no.45, showing the balance outstanding and the date of the statement?

[harrythehawk]

It is exactly what I got, on another post the comment was "that you would have signed", well if you did where is it ? Why haven't they kept it ? It doesn't comply with the CCA request and suggests they haven't got one, stick to your guns, if you signed it why can't they simply send you a copy as requested rather than all the other rubbish ??

[rory32]

if you signed it why can't they simply send you a copy as requested rather than all the other rubbish ??

Because they don't have it. It's either been lost or chucked out.

[Layla_ck]

You're right Harry, and Rory - they don't have it, if they did they would bang it right out saying, THERE - NOW PAY!!

 

What letter can I send them to let them know they are in the wrong and that they do not have a CCA?

[rory32]

Are they over the 30 days yet? If not I would wait until they have committed the summary criminal offence before writing to them. I know you're keen to stick two fingers in their face but you'll just have to be patient.

[Layla_ck]

Yup, they went over last week

[rory32]

Okay. This letter was posted by tifo and in his case did the trick. He didn't get his money back (don't think he was to bothered) but they did close the account and remove all references to the account from his credit file. Obviously, adapt it to your circumstances.

 

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.

[Layla_ck]

Thanks Rory, that letter is fab, I will be tweaking and posting out tomorrow