Moorcroft/Help please

[Curlyben]

Well there's a couple of things you can do.

1/ send them a Dispute notice against this account.

While in dispute with the original creditor thay can take no action.

2/ Tell them they are yet to comply with your CCA.

 

Now I'd go with 1/ as then the CCA is still running towards a criminal offence.

 

You can always put the two together.

[Curlyben]

Always happens.

Take them off their prepared script and they don't know what to say.

Good on you.

[Curlyben]

No worries send em this

Re: my request under s78 of the Consumer Credit Act 1974.

 

Thank you for your recent letter sent to me dated 21st June 2007, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated 26th April 2007. Upon receipt of the original request the specified account legally entered into disputed status.

 

My request remains outstanding. An application form does not constitute a true copy of a credit agreement and that which you sent doesn't even contain all the prescribed terms and is not 'properly executed'. The statements sent do not correspond to the amount stated in your earliest correspondence and therefore they do not satisfy the requirement to supply me with a statement of account.

 

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until 25th May 2007 to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

 

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on 25th May 2007 and subsequently committed a criminal offence on 25th June 2007.

 

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

I would appreciate your due diligence in this matter.

 

I look forward to your reply.

 

Yours faithfully

Edit as needed.

[Curlyben]

You'll need to edit it, but feel free

 

Ps Tickle the monkey, you know you want to

[Curlyben]

Well you can file that one under IGNORE

[Curlyben]

Here's a nice simple bog off for you.

As ever edit as needed.

 

Account In Dispute

 

Dear Sirs,

 

Your Ref::::

 

Further to your letter dated xxx, please be advised that the above account is now in dispute. I am awaiting the fulfillment of my CCA request dated .... , as is my right under the Credit Consumer Act 1974.

 

Please be advised that this debt is unenforceable whilst in dispute and any action taken by yourselves will be vigorously defended. Furthermore, not only will any action by you be defended, but take note that I will issue a counterclaim for stress and damages.

 

I am frankly shocked by the contents of you letter, which uses the term 'we will send bailiffs'. I am forwarding a copy of your letter to Trading Standards with an official complaint as your abuse of power is obviously intended to intimidate. As you are well aware, you do not have the authority to send bailiffs without a court order.

 

I trust this now clarifies my position.

 

Yours faithfully,

[Curlyben]

WAIT and see what they send next

[Curlyben]

Pecky, certainly sounds like a plan.

Be warned tho' Cabot are masters for writing meaningless nastygrams and responses, so the fun is about to start.