Dca Replied To Cca Request Re: Default (advice Needed)

[kevinmcuk]

I had sent a CCA s77/s78 request using the standard template; and two days later one company called HILLESDEN SECURITIES had replied as follows:

 

Dear KevinMcuk

 

ACCOUNT NO XXXXXXXX - FORMERLY MBNA XXXXXXXXXXXXXXXX - CONSUMER CREDIT ACT 1974

 

Thank you for your recent letter dated 20th june 2007 regarding the above account. This has been passed to me for attention.

 

I would confirm and advise the following:-

 

1. I acknowledge receipt of your payment of £1.00 in connection with your data request under Consumer Credit Act 1974. We are still awaiting a copy of your original agreement with MBNA and a copy of the original default notice. When these become available they will be forwarded to you.

 

2. If we are unable to forward a copy of the original agreement, we will be able to supply a true copy of the document which will comply with section 78 of the Consumer Credit Act 1974

 

3. Please find enlcosed a copy of the key pages of the sale agreement between Hillesden Securities and MBNA. Please note that due to data protection we are unable to provide a full copy of the agreement, however, we would be happy to supply a full copy to a judge in court when required.

 

Should you require anything further at this point please contact me accordingly. I will update you on developments in 21 days if there are no developments beforehand.

 

Yours sincerely

 

XXXX

Director & Data Controller

Direct Line xxxxxxxxxxxx

 

I am very concerned about this letter as they have stated that they may not be able to supply the orginal agreement; therefore am I legally right to refuse a copy of a copy anf demand an orginal copy? secondly, the alleged agreement to which they had supplied looks rather strange, on the bottom left of the document there is a reference number like those shown on a computer, it reads: (Hillesden Card 2002.doc) and the agreement is computer typed apart from the day within the date section which has been hand written as 24 therefore showing 24 day of October 2001, however throughout the rest of the document, there is a reference number on the bottom left showing (C:\TEMP\Hillesden Card 2002.doc) therefore I would I be right in legally challenging the actual contents of this agreement, and challenge the fact that this is not an original copy, but rather some computer print out?

 

Please advise, this is the first reply from 5 different creditors I have written to.

 

Kevin.

[PriorityOne]

What they are trying to say is that although they don't have your original CCA, they will be able to send you a copy of what it would look like (and hope that you will fall for it and pay up).

 

The trouble is, it's the original that they would need to have re-enforced in court.... so bad luck for them and good news for you.

[kevinmcuk]

Thanx, I thought as much; however if they send me a photocopy of a photocopy of a CCA agreement with a signiture on it; would that be accepted in court as proof of such contract or would they still have to supply the original signed copy? just curious?

 

Kevin.

[diskmandave]

Just run whatever they send you past Trading Standards if it looks like they're trying to pull a fast one.

 

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

[kevinmcuk]

I am now prepairing my second letter to reply to all those creditors who have failed to respond; what do you think of this?

 

CREDITOR/DCA

XX

 

 

XX June 2007

 

Recorded Delivery

 

Dear Sir/Madam

 

RE: XXXXXXXXX

 

I do not acknowledge any debt to your company.

 

I wrote to you on XX June 2007 after obtaining copies of my credit file from Equifax, Experian and Call Credit, as I was concerned to notice that your company had placed a “Default” notice against an alleged account in my name. I had mentioned that I had no recollection of ever receiving such a notice, and I was unaware of such account. I stated that I did not acknowledge this debt and I asked you to substantiate the data at your earliest convenience, mentioning that I had also raised this matter as a dispute directly with the credit reference agencies. I am aware that you had received my letter to your offices on XX June 2007 by Royal Mail Recorded Delivery.

 

I had formally requested that you supply me with an original, true-signed copy of a credit agreement that exists in relation to the alleged debt that your company has registered against my name and address; furthermore, I had also requested a statement of account; including a signed true and certified copy of the original default notice; and a deed of assignment if the alleged debt was sold on. These requests were made under my rights within Sections 77 and 78 of the Consumer Credit Act 1974 on payment of the statutory fee of £1.00 that was enclosed within the letter in the form of a cheque made payable to yourselves.

 

Under the terms of the Consumer Credit Act 1974, a creditor has 12 working days to provide the requested document. Should they fail to do this, they have a further calendar month to rectify this default. Failure to comply within these timescales is a criminal offence.

 

I would therefore consider this alleged debt as unenforceable and unsubstantiated. I would like you to update your records and inform the credit reference agencies to remove the default and adverse data that you have placed on my credit file as unsubstantiated.

 

Yours faithfully

 

 

 

KEVINMCUK

[rory32]

Kevin, you're not going to get any joy with that letter I'm afraid. You need to wait until the calender month is up and they have committed the summary criminal offence before getting in touch.

[kevinmcuk]

so is that 12 working days after the first letter; and then 30 calendar days added on top?

 

for example, I sent the letter on 20/06/2007 and they received it on 22/06/2007, when shall I send the next letter? and also would this letter be alright for the reply?

 

Dear Sir/Madam

 

RE: Account Number:

 

I refer to my letters dated XX June 2007, which were delivered via Royal Mail Recorded Delivery to your offices on XX June 2007

 

You have failed to acknowledge my requests 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 this alleged account/debt.

 

In my letter dated XX June 2007 I made a formal request for a true and original copy of the signed, executed credit agreement for the above account/debt 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 that account/debt should have been sent to me detailing all relevant and justifiable financial information; along with any other documents mentioned within 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 enters into a default situation. If the request is not satisfied after a further 30 calendar days, your company commits an offence. These time limits expired on XX July 2007 and XX August 2007 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 XX July 2007 this account/debt became unenforceable at law, 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. Furthermore, I do not acknowledge the debt.

 

I require the following action from your company:

 

1. Removal of all defaults entered by yourselves or third parties acting on your behalf in respect to this account/debt. Note this is to be a complete deletion and not merely an amendment.

 

2. 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.

 

3. You are 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 your company or any other company within the group to comply with the 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.

 

Yours faithfully