Can anybody help re: letter after request for CCA

[weller711]

Hi

Can anybody help with the following, I sent a CCA request and have received this letter back and not sure what to do;

 

 

 

[weller711]

Sorry

 

 

 

[weller711]

Don't know how to amke it bigger ?????????????

[Robdblynd]

Sorry, can't help with info on making it biggger so how about typing up what it says so we can help?

 

I'll see if someone else on here can give you info on enlarging things, not that techie myself.

[ladybird17]

Just click the image - it will enlarge enough to read it.

[weller711]

Thank You for your letter dated2 May 2007 and fully note your comments and opinion regarding our customers liabliity.

The Office of Fair Trading and Local Trading standards acknowledge that for the Home Shopping Industry the supply of an exact copy of the credit agreement together with all relevant information is acceptable to meet your request for a copy of the creidit agreement.

 

In order to comply with a request for an executed agreement as defined by the CCA a signed copy need not be supplie but a true copy of the executed agreement. To avoid any dount I have enclosed a further sample credit agreement and the information below:

You can be assured that legal advice is sought in such matters where liablility is in dispute. We are still very much of the opionin that a debt exists. We are also aware that the courts would not grant an enforcement order should a default summons be issued because of non payment and it was defended on a challenge to produce a copy of the original signed agreement that we could not produce.

 

We have discussed this matter with Tading Standards and teh above information unquestionably fully complies with your request for a Credit Agreement as defined by the Counsumer Credit Act. As we have now fully complied with your request we will continue to to collect the outstanding balance.

 

Should you intend to take this matter to court, we will defend and make any application for cost incurred to be reimbursed.

 

I trust the above information fully clarifies our position on this matter.

 

Yours sincerely

Customer Liaison Advisor

Directors Office

 

Enc Sample Credit Agreement

[shieldblaster]

Sec 77/78 of the CCA states " shall give a copy of THE executed agreement(if any)" My interpretation of this is that THE copy refers to one that you signed in conjunction with the creditor and not A copy of a agreement. Just sending you a copy of the temeplate they use is not a copy of an executed agreement. To be executed it has to contain your name, adress etc plus other specific items under form and content. They mention checking with trading standards and the OFT so while they are cooling their heels why don't you do the same? or hang on here cos I'm sure a definitive answer will come along

[tomterm8]

I am no longer welcome on CAG

[Robdblynd]

We are still very much of the opionin that a debt exists. We are also aware that the courts would not grant an enforcement order should a default summons be issued because of non payment and it was defended on a challenge to produce a copy of the original signed agreement that we could not produce.

 

Why mention this if they've got a signed copy?

 

If what they've sent you doesn't have t&c's, apr, repayment details, amount of credit etc then it's not a copy of an executed agreement, it's a blank sample that they should have filled in at the time you took out the agreement and you should have signed.

 

If they've got signed copy containing all the prescribed terms, why not send it then all dispute would be over, you'd know you owed the money and would have to pay it.

 

As Shieldblaster says, why not contact Ttrading Standards yourself and ask them if what you've got complies with CCA request. All too often these DCAs write things hoping you won't check and don't know your rights. Never believe anything they say without checking it in minute detail.

 

BTW, who did you send CCA to?

[weller711]

It was sent to Studio

 

It also states in the letter that:

 

Under the credit terms you will receive a statement every 28 days. You may choose to either pay the full balance on your account at once or in instalments. Should you choose to pay be instalments you may pay any amount of your choice above the minimum payment detailed on your statement. If you choose to pay every 28 days a service charge of 2.6% (or 2.0% if you choose to pay by Direct Debit) of the brought forward balance will be added to your next statement together with a servie charge on any purchse on your previous statement from the date of despatch up to that statement.

 

There is also a sample credit agreement with it which does not any of my information on it, it is just pre-signed by somebody "For and on behalf of Express Gifts Ltd"

 

I truly have not been sent one of these before and therefore I have not signed one,

[sequenci]

a request under s77/78 doesn't have to be signed. that much is true.

 

my next move would be to request a SAR specifically requesting a copy of the executed agreement. my gut feeling is that they wouldn't have a copy of your EXECUTED agreement which could mean you would have a total defence at court.

[Robdblynd]

Hi Weller,

 

I'm not too sure what it is you're wanting to do. I know you've CCA'd Studio and got this reply but why did you sent it in the first place? This could help us give you more specific advice based on what you would like to follow from your request for CCA.

 

If you'd rather not put it in open post, you could PM me and I'll try and help.

[weller711]

a request under s77/78 doesn't have to be signed. that much is true.

 

my next move would be to request a S.A.R - (Subject Access Request) specifically requesting a copy of the executed agreement. my gut feeling is that they wouldn't have a copy of your EXECUTED agreement which could mean you would have a total defence at court.

 

I have just phoned Trading Standards and they said because it is Home Shopping, the company, Studio, do not need to have a signed copy of the CCA so they can enforce the debt.

 

It states in the letter:

 

In order to comply with a request for an executed agreement as defined by the Consumer Credit Act a signed copy need not be supplied but a true coy of the executed agrrement. To avoid any doubt I have enclosed I have enclosed a further sample agreement.

 

Could somebody please explain to me what an "executed agreement" is? Sorry to appear dim.

[weller711]

How can they prove they have a copy of the "Executed agreement" when they don't have one - I had nothing containing my details on it - in fact, nothing at all until today?

[shieldblaster]

Agreed. More info on what you are seeking to do might help

 

Hi Weller,

 

I'm not too sure what it is you're wanting to do. I know you've CCA'd Studio and got this reply but why did you sent it in the first place? This could help us give you more specific advice based on what you would like to follow from your request for CCA.

 

If you'd rather not put it in open post, you could PM me and I'll try and help.

[weller711]

I CCA'd the DCA not Studio but it is Studio who replied - the DCA wouldn't accept my offers of repayment - we are in a bit of a mess . I just wanted to stop the DCA from constantly ringing and sending letters with threats of court action etc and get all the charges removed. I phoned Studio who wouldn't offer me any repayment plan, they then passed it on to the DCA.

 

I have CCA'd all the DCAs who are dealing with my debts, not to get out of paying them but for them to be reasonable. I feel suicidal and dont know what to do next. I have tried phoning the CCCS and Payplan who have just told me to offer token payments but nobody will accept these.

 

I'm sorry if I've bothered anyone.

[shieldblaster]

weller711 you are no bother to anyone here..you are amongst friends who will try to help you all they can I'm concerned that you feel suicidal over this.. please try not to be... at the end of the day it is only money despite these parasites trying to make you think otherwise, and there is nothing in this world that can't be sorted out.. just takes a little patience and effort is all . I am at a loss as to why TS seem to treat home shopping differently from any other credit agreement as they all come under the same act. As has already been siad if they have the original agreement, which is what is required if they intend to take you to court why not send a copy..job done..however if they don't (which is what i suspect) then send them a non-compliance letter. If nothing lese it will buy you some more time as the agreement will still be in dispute.

 

At the end of the day and if you have to face the worst scenario which is court action the Judge will listen to you...and will accept whatever token payment you can reasonably afford..and that's the worst scenario! so chin up and give a little whistle

[weller711]

Thanks, its just all getting on top of me - just felt really bad and useless when I got this letter especially when I read other threads regarding Home Shopping Catalogues and they seem to be doing ok. I'm trying to stay focused but it so hard but I really appreciate your support.

 

I must admit it would be wonderful if certain companies cannot provide me with a CCA but please be assured I am not trying to get out of paying my debts - just need some help from the companies instead of them hounding me.

 

Whats a non-compliance letter by the way and is there a template of one?

[shieldblaster]

Try this. What you are basically stating is that what they are saying is absolute bull**** and you want what you asked for.

 

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 by not 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.

[shieldblaster]

xx

[Robdblynd]

As Shield says, get that sent asap. I'd send it to the DCA and Studio. That will put the debt into dispute formally and until they come up with the goods they can't harrass you, it's against the law and they could get their credit licence taken away.

 

I know it's a bit of a read but have a go at this, it tells you what they can and can't do.

http://www.oft.gov.uk/shared_oft/reports/consumer_credit/oft664.pdf

 

Please don't let them get you down, I know it's hard when you're under pressure from all directions but take one at a time, concentrate on the most important first and follow the advice on this forum. We've all been through it and in many cases, we're still fighting our corner.

 

Keep your chin up and remember, you're amongst friends and we'll all help where we can.

 

Just a reminder, keep copies of everything you write, and post all letters recorded delivery, and don't talk to them on the phone. You can also refuse to speak to anyone who turns up on your doorstep, they have to make an appointment and you can refuse them permission to come.

[weller711]

Thank you so very much, do I need to alter this as the 12 days plus 30 has not yet expired? I sent the CCA request on 2nd May.

[shieldblaster]

Usually it's 12 working days + 2 to allow for postage so by my reckoning it'll be the 23rd and then they have defaulted and the debt is unenforceable if nothing is forthcoming in that time. That's when you send the non-compliance letter. 30 calender days after that and it is a criminal offence to pursue the debt without leave of the court. Remember that the debt still exisits..but is unproven unless they come up with the original CA..then they can enforce with a court order. Keep reading the threads and get as much info and knowledge as you can. Knowledge is power and makes you more confident to deal with these people who love nothing better than to play mind games with you...don't let them..as has been advised put everything in writing and keep a copy and record the date when you sent it and send recorded delivery. You can then track all your letters via the Royal mail site..that way they can't deny they never received it Remember the CAB is always there to help as well or Debtline. These are voluntary organisations that won't cost you a penny..steer clear of any debt management firms..they come second only to debt collectors in my book Good luck and keep posting!

[stitchedup]

Weller711..........I had recent dealings with Studio Cards, have you sent SAR and looked at your charges? Maybe a good idea to see how much you can claim back, when I chased them they rolled over very quickly, got as far as letter before action. Might be a good idea if you mention in your letter that the account is in dispute, this will prevent them from selling it on to DCA.

[weller711]

Hi

Does anybody know if there is a template letter I should send after I have sent a CCA request to a DCA and they have used the £1 fee to reduce the amount owing and stated in their letter further repayment terms and not even mentioned the CCA request.

 

Not sure if I should even send a letter?

Thank you