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Response from a CCA request.....


so*fed*up
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They are allowed to omit the signature box and signatures, however they are still required to send you a true "copy" of the agreement which must match the original agreement in every other way. They have not done this.

 

They are just playing silly b*ggers. The form of the copy that can be supplied is specified in the Regulations they have quoted. However the request is made under s78 of the CCA1974.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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It would appear to me Rory & sofedup, that the creditors are getting wise to the influx of requests for cca's. As you know from my thread rory, it's getting a little confusing as to what constitutes a true copy in the eyes of the creditors......... not so the oft guidelines??? There is a major debate on these forums and a lot of conflicting/different viewpoints. I side with rory though!

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Thanks both for your replies :)

 

So shall I just sit and wait to see what happens next do you think?

 

Or shall I contact them to let them know that until they do produce correct documents - I ain't paying nothin' :razz:

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I sometimes like to give them a prod to see what they've got. I think this would be one of those occassions. Withholding payment usually gets their attention.

 

Citi are renowned for being obstructive, but I think in this case it may be due to the fact they've got nothing.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 2 weeks later...

Well folks, I've received a default notice from them this morning :roll:

 

My other half has also received a default notice - he sent his CCA request a good few weeks ago, and has had no response at all.

 

If anyone can help me construct a letter to them, that would be fab :)

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OK - how does this sound? Please let me know, so I can get something in the post to them today!

 

 

Dear.....

 

Ref......

 

This account is in dispute.

 

I wrote to you on the XXX requesting a true, signed copy of any credit agreement that exists in relation to the above account. This is my right under Sections 77-79 of the Consumer Credit Act 1974. This statutory fee of £1.00 payment was included with my original request. This letter was sent recorded delivery, and received and signed for at your address on XXX.

 

Under the terms of the above Act, 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.

 

Both of these deadlines have now passed and I have received nothing in relation to my request. This can lead me to only one conclusion, that being that no signed credit agreement exists in relation to this account.

As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable, even in a court of law. This will be a complete defence to any court action that you may consider taking

 

Please note, you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with the credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Under the Data Protection Act I have principled rights in that

 

 

 

(Schedule I)

1. Personal data shall be processed fairly and lawfully

2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes

(Schedule II)

1. The subject has given his consent.

2. The processing is necessary

a. For the performance of a contract to which the data subject is a party.

 

The fact that you cannot provide me with a copy of the agreement negates any Notice of Default being served on me, as required by the conditions of the Consumer Credit Act 1974. If the documentation were to be produced as you are aware the default notice cancels any original terms and conditions and as such cancels any right to share my information without my consent.There has never been any regulated agreement in relation to this account, and therefore you have never had my consent to process my data. I also do not see how you can state that you have a legitimate interest in processing my data as we have never had any contract that would enable you to do this.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

Furthermore, you should remember that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and therefore the following applies:

You may not demand any payment on this account, nor am I obliged to offer any payment to you.

You may not add any further interest or charges to this account.

You may not pass this account to any third party.

You may not register any further information in respect of this account with any of the credit reference agencies.

You must remove the default notice you have placed on my credit file.

I look forward to your final decision on this complaint by XXX. This should include your proposed actions in relation to the lack of a credit agreement

 

Yours faithfully

 

me

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OK - how does this sound? Please let me know, so I can get something in the post to them today!

 

 

Dear.....

 

Ref......

 

This account is in dispute.

 

I wrote to you on the XXX requesting a true, signed copy of any credit agreement that exists in relation to the above account. This is my right under Sections 77-79 of the Consumer Credit Act 1974 and under part 18 and part 31 of the Civil procedure rules. This statutory fee of £1.00 payment was included with my original request. This letter was sent recorded delivery, and received and signed for at your address on XXX.

 

Under the terms of the above Act, 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.

 

Both of these deadlines have now passed and I have received nothing in relation to my request. This can lead me to only one conclusion, that being that no signed credit agreement exists in relation to this account.

As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable, even in a court of law. This will be a complete defence to any court action that you may consider taking. I may also elect to file an application notice under s142 of the consumer credit act 1974.

 

Please note, you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with the credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Under the Data Protection Act I have principled rights in that

 

 

 

(Schedule I)

1. Personal data shall be processed fairly and lawfully

2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes

(Schedule II)

1. The subject has given his consent.

2. The processing is necessary

a. For the performance of a contract to which the data subject is a party.

 

The fact that you cannot provide me with a copy of the agreement negates any Notice of Default being served on me, as required by the conditions of the Consumer Credit Act 1974. If the documentation were to be produced as you are aware the default notice cancels any original terms and conditions and as such cancels any right to share my information without my consent.There has never been any regulated agreement in relation to this account, and therefore you have never had my consent to process my data. I also do not see how you can state that you have a legitimate interest in processing my data as we have never had any contract that would enable you to do this.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

Furthermore, you should remember that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and therefore the following applies:

You may not demand any payment on this account, nor am I obliged to offer any payment to you.

You may not add any further interest or charges to this account.

You may not pass this account to any third party.

You may not register any further information in respect of this account with any of the credit reference agencies.

You must remove the default notice you have placed on my credit file.

I look forward to your final decision on this complaint by XXX. This should include your proposed actions in relation to the lack of a credit agreement

 

Yours faithfully

 

me

 

added stuff in red.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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I wrote to you on the XXX requesting a true, signed copy of any credit agreement that exists in relation to the above account. This is my right under Sections 77-79 of the Consumer (put section 77 if its a loan, section 78 if its a credit card, section 79 is for hire purchase) Credit Act 1974. This statutory fee of £1.00 payment was included with my original request. This letter was sent recorded delivery, and received and signed for at your address on XXX.

 

Under the terms of the above Act, 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.

 

Both of these deadlines have now passed and I have received nothing in relation to my request. This can lead me to only one conclusion, that being that no signed credit agreement exists in relation to this account.

As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable, even in a court of law. This will be a complete defence to any court action that you may consider taking

 

Please note, you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with the credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Under the Data Protection Act I have principled rights in that

 

 

 

 

(Schedule I)

1. Personal data shall be processed fairly and lawfully

2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes

 

(Schedule II)

1. The subject has given his consent.

2. The processing is necessary

a. For the performance of a contract to which the data subject is a party.

 

The fact that you cannot provide me with a copy of the agreement negates any Notice of Default being served on me, as required by the conditions of the Consumer Credit Act 1974. If the documentation were to be produced as you are aware the default notice cancels any original terms and conditions and as such cancels any right to share my information without my consent.There has never been any regulated agreement in relation to this account, and therefore you have never had my consent to process my data. I also do not see how you can state that you have a legitimate interest in processing my data as we have never had any contract that would enable you to do this.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

Furthermore, you should remember that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and therefore the following applies:

You may not demand any payment on this account, nor am I obliged to offer any payment to you.

You may not add any further interest or charges to this account.

You may not pass this account to any third party.

You may not register any further information in respect of this account with any of the credit reference agencies.

You must remove the default notice you have placed on my credit file.

I look forward to your final decision on this complaint by XXX. This should include your proposed actions in relation to the lack of a credit agreement

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