SLC Cannot Supply The Original Agreement

[InKogneeToh]

OK

 

Call me an idiot if you want (I'd prefer if you didn't though !)

 

I've looked through this forum and this thread (well, several pages at least), and I can't find an actual template of the letter that I should be sending to my bank. Could anyone please point me in the right direction.

 

As usual, any help would be appreciated.

 

Many thanks

 

David

 

Hi

 

Which letter is it that you are looking for?

 

Regards, Pam

[daipp]

Hi

 

Which letter is it that you are looking for?

 

Regards, Pam

 

Is there a template for me to request a copy of a loan agreement using the appropriate CCA legislation?

 

Many thanks

 

David

[The Phantom]

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

Letter N I think

[pford]

Too friendly and conciliatory at this stage.

 

You want to let them know, that you know, that you have their nads in a vice and if they dont stop ***king you about, you're going to start turning the handle.

 

Any suggestions on wording didn't want to drop to their level yet with the threats

[daipp]

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

Letter N I think

 

Perfect !!

 

I' d looked everywhere for that but not in the right place !!

 

Many thanks

 

David

[noomill060]

Carpe Jugulam

[noomill060]

ie: Go for the throat.

 

Glad you found the template you needed.

[weaver440]

Thanks ncf355,

 

That does help but am still unsure as to what to do now. Do I write to the loan company and tell them that I am not going to be making anymore payments as I am no longer liable for this debt as they have failed to provid the executed agreement or any anything at all for that matter and do I write to the TS and FSA or do I just sit quiet?

 

 

Please. Really need advise and help. Feel like I,m going under.

[angry cat]

Weaver440,

Be Strong!

Send the template letter and...

report the creditor to you local Trading Standards.

You may have to go through Consumer Direct (the consumer arm of the OFT) who will in turn pass your complaint to your local TS, just make sure that you report them.

 

AC

[weaver440]

Weaver440,

Be Strong!

Send the template letter and...

report the creditor to you local Trading Standards.

You may have to go through Consumer Direct (the consumer arm of the OFT) who will in turn pass your complaint to your local TS, just make sure that you report them.

 

AC

Thanks angry cat. I may be going mad but I have looked on the templates library and I cannot find any letter that seems appropriate. I want to write to the loan company telling them that they can no longer persue this debt and that they have committed a criminal offence in not supplying the info requested and as a resuilt I am no longer liable for the debt ( is there a template). I also want to report to TS ( is there a template for that), who is Consumer Direct, is there a template for them? I am sorry if I am being useless, I am really trying not to be!!!!!!!!!

Lynne

[noomill060]

Hi Lynne,

 

It would be quite acceptable if not better to phone or write to Consumer Direct in your own words, explaining your situation yourself.

[Jeff2000]

Thanks angry cat. I may be going mad but I have looked on the templates library and I cannot find any letter that seems appropriate. I want to write to the loan company telling them that they can no longer pursue this debt and that they have committed a criminal offence in not supplying the info requested and as a result I am no longer liable for the debt ( is there a template). I also want to report to TS ( is there a template for that), who is Consumer Direct, is there a template for them? I am sorry if I am being useless, I am really trying not to be!!!!!!!!!

Lynne

 

 

Hello weaver,

 

 

Try this letter, courtesy of Smoothy!

 

 

 

Dear Sir/Madam

 

Re: − Account Reference XXXXXXXXXXXX

 

I wrote to you on XX/XX/XXXX via recorded deliver no XXXXXXXXXX.

This was received by your office on XX/XX/XXXX. I requested a copy of the executed agreement and relevant documentation pertaining to the above agreement covered by the Consumer Credit Act 1974 amended.

 

 

77 Duty to give information to debtor under fixed-sum credit agreement

 

(1) The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

 

(a) the total sum paid under the agreement by the debtor;

 

(b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

 

© the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

 

To date, I have only received a photocopy of the front of the agreement in question together with a photocopy of the dealerships warranty. This does not constitute an executed agreement in accordance with the act.

 

I understand that if you are unable to supply the documents requested after 12 days, then you will be deemed to have defaulted under CCA. If this default remains for a further month, then a criminal offence may have been committed.

 

As you have not provided the information requested in accordance with CCA 1974 amended, this contract is unenforceable without court intervention.

 

I believe that XXXXXXXXX may have committed a criminal offence under the terms of the Consumer Credit Act, and non compliance with the original request is therefore a complete defence to any court claim

(*Letter courtesy of Smoothy!)

 

 

 

 

 

 

You can add your own bits, or remove bits not required etc!

 

 

 

 

 

 

Good luck, Jeff.

[weaver440]

Thank you so much Jeff and Noomill for both your speedy responses. Will be compiling the letter later today an will hopefully get it in the post tomorrow, recorded of course! Thanks again. Lynne.

 

Ps. Have sent of the Harrasment letter to them so hopefully will no longer feel like I am being hounded!

[joesoap]

I wouldn't pay another penny over. i would also tell mr Udy that the account is in dispute and until it is completely resolved to your satisfaction no more money. I would cc this to Fredricksons.

 

You can be sure the Agreement is not a properly executed Agreement and I am you bet Section 61 has been breached also. then we have Section 85. let's pick it off one thing at a time and keep them working to earn their money.

 

Everything by recorded delivery to all parties. If Fredricksons try anything invite them to take you to court.

 

They now have to play by your rules.

 

Would you believe it Despite my correspondence (even signed for), Fredricksons are playing silly sh*tes. They've said if I don't catch up with the payments the account will automatically be passed to solicitors Bryan Carter who will etc......I wouldn't care but we've already ascertained they do not own the debt and the information they give is incorrect anyway and the account is in dispute. Isn't it illegal to chase up when in dispute? I take it I write back to Fredrickson's and advise that they cannot chase the debt at the moment, or ever. I'm still waiting for the CCA from Capital One! Any advice or templates I can use?

 

Ian

[joneshousehold]

It is in fact only a breach of the OFT guidelines if they carry on chasing a debt when in dispute.

 

However the OFT are in charge of the credit licences which they can revoke if a creditor has too many breaches.

 

Have a look at the guidelines here

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

write down every one you can find they have breached (be imaginative in your interpretation), write to Fredericksons with a copy to Cap One listing them all and report them to the OFT. We really have to get the OFT to sit up and take notice because Cap One are just ignoring everything we say to them. They need to be made to toe the line.

 

If you have had to wait longer than 12WD + 1 month, report them to Trading Standards too.

[Yasmin]

Could anyone tell me how to post a scanned doc. on here please???

[Jeff2000]

Could anyone tell me how to post a scanned doc. on here please???

 

 

Hi Yasmin,

 

Create an account here:

 

Image hosting, free photo sharing & video sharing at Photobucket

 

Then upload any images you like to it. Then post a link to it.

 

That's one way.

 

 

Jeff.

[zubo]

Thanks angry cat. I may be going mad but I have looked on the templates library and I cannot find any letter that seems appropriate. I want to write to the loan company telling them that they can no longer persue this debt and that they have committed a criminal offence in not supplying the info requested and as a resuilt I am no longer liable for the debt ( is there a template). I also want to report to TS ( is there a template for that), who is Consumer Direct, is there a template for them? I am sorry if I am being useless, I am really trying not to be!!!!!!!!!

Lynne

 

Weaver440 and anyone else,

 

Please be aware that there is a thread here http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/79147-consumer-credit-act-resources.html to post template letters for re-use.

 

Feel free to use any of these

 

Z

[zubo]

It is in fact only a breach of the OFT guidelines if they carry on chasing a debt when in dispute.

 

However the OFT are in charge of the credit licences which they can revoke if a creditor has too many breaches.

 

Have a look at the guidelines here

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

write down every one you can find they have breached (be imaginative in your interpretation), write to Fredericksons with a copy to Cap One listing them all and report them to the OFT. We really have to get the OFT to sit up and take notice because Cap One are just ignoring everything we say to them. They need to be made to toe the line.

 

If you have had to wait longer than 12WD + 1 month, report them to Trading Standards too.

 

Hello Jones, I see you have moved on and been promoted, must have been the hard work you have put in.

 

I do believe that they have breached the OFT guidelines and we know how wonderful they are at doing something about it. They and ICO share the same special place in my heart for such terrific support for the poor downtrodden consumer. Actually, some OFT folk are quite good.

 

Anyway, I digress. Do you not think you could advise the poster who has this complaint to respond in a firmer manner? After all, I know everyone knows that I am hardcore and proud, but please remember that their are some excellent harrassment threads (Surlybonds did some great work). I have used these to great effect.

 

Also, remember there are other strategies: look at #30 in the Workshop link http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/79147-consumer-credit-act-resources.html , and since you cannot get an agreement from these guys, push for Restitution or Consolidation (letter requesting their charges refunded) and of course the real classic - tie them up with a S85. These are all great offensive strategies which you should push at them.

 

By all means complain - but don't be dissapointed by the response.

 

Be aggressive - fight fire with fire - you have everything to gain....

 

Z

[zubo]

thanks to whoever tipped my scales, much appreciated...

 

Z

[joesoap]

Hello Jones, I see you have moved on and been promoted, must have been the hard work you have put in.

 

I do believe that they have breached the OFT guidelines and we know how wonderful they are at doing something about it. They and Information Commissioners Office share the same special place in my heart for such terrific support for the poor downtrodden consumer. Actually, some OFT folk are quite good.

 

Anyway, I digress. Do you not think you could advise the poster who has this complaint to respond in a firmer manner? After all, I know everyone knows that I am hardcore and proud, but please remember that their are some excellent harrassment threads (Surlybonds did some great work). I have used these to great effect.

 

Also, remember there are other strategies: look at #30 in the Workshop link http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/79147-consumer-credit-act-resources.html , and since you cannot get an agreement from these guys, push for Restitution or Consolidation (letter requesting their charges refunded) and of course the real classic - tie them up with a S85. These are all great offensive strategies which you should push at them.

 

By all means complain - but don't be dissapointed by the response.

 

Be aggressive - fight fire with fire - you have everything to gain....

 

Z

 

Zubo

 

I have every intention being aggressive. Fred. didn't provide the CCA or pass the request to Crap 1 but I have requested CCA from Crap 1 who keep confirming Fred. do not own the debt.

 

The mighty mack

[zubo]

Zubo

 

I have every intention being aggressive. Fred. didn't provide the CCA or pass the request to Crap 1 but I have requested CCA from Crap 1 who keep confirming Fred. do not own the debt.

 

The mighty mack

 

mack

 

way to go....

 

hack #24 and tag onto end #30 and/or ask them in the absence of a fully signed executed agreement what their proposals are for Restitution....

 

you do have a SAR I assume?

 

Z

[joesoap]

mack

 

way to go....

 

hack #24 and tag onto end #30 and/or ask them in the absence of a fully signed executed agreement what their proposals are for Restitution....

 

you do have a S.A.R - (Subject Access Request) I assume?

 

Z

 

Sorting that out with Crap 1 although Fredricksons were kind enough to send a whole lot of statements without asking; but not the CCA. Just on doing this reply and Fredricksons have been on the phone for my son. Didn't tell them the lucky git is in Florida but the caller was rather abrupt so I gave him a typical Geordie response; second word was off but unfortunatley the first word was bog. Won't be the next time. Harrassment starting?

 

Ian

[joneshousehold]

Zubo, thanks for adding to my comments. You are right although I do think if enough of us complain to OFT they may have to take action - call me naive!

 

I have had no success with the harrassment letters so far. All my creditors have done is said it's not harrassment. I have stopped talking to them any more.

[Movingon]

That's the answer, see? Every time you talk to them you encourage them to call again. Change your numbers, block their number, do whatever you can to avoid having to actually interact with them. They won't get bored, but in the meantime you are logging every single time they call to present as evidence to the Police. Harrassment is taken far more seriously these days by the Police and CPS; and if they do enough of it they will be in serious poop.