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Studio cards and Ace catalouge debt


Lisa_martin
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Right,

 

About 2months ago I had sent off my CCA request as per this site asking for my credit agreement for the 2 debts with studio and ace catalouges

 

 

They both sent me back unopened credit agreements, there was nothing writtin in either of them, they sent this to me about 2-3weeks ago now but I have had a family crisis daughter broke her arm and had to have major op to put it back to gether again so I thought stuff it im spending time with mini me.

 

Now with things better i'm not sure what my next step is? can anyone help me?

[COLOR=royalblue]Halifax......WON 16/7/07 :D [/COLOR] [COLOR=red]Nationwide...WON 16/7/07 :D [/COLOR] [CENTER][URL="http://petitions.pm.gov.uk/sections187and45/"][B][SIZE=4]Please sign this Downing Street petition on Bank Charges and Benefits[/SIZE][/B][/URL][/CENTER]

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Send them the following letter amend to fit:

 

If they have passed the 31 day milestone complain to their local TS

 

http://www.tradingstandards.gov. uk/

 

Dear Sir or Madam

 

Thank you for your letter dated xxx the contents of which are noted. I do not acknowledge any debt to your organisation.

 

The reply received does not fulfil your requirements under the Consumer Credit Act 1974 as I have not received a copy of an executable credit agreement with my signature on it, your failure to do so within the required 12 working days (by xxxx) meant you are in default of my CCA request and the account remains in dispute.

 

My request remains outstanding; a blank application form, as sent, does not constitute a signed copy of a credit agreement.

 

You had a further 31 days until xxx to comply with a copy of a properly executed credit agreement, therefore, you have now committed a criminal offence and I may report your conduct to the Office of Fair Trading, the Financial Ombudsman and Trading Standards.

 

Additionally, 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 account is not enforceable in law.

 

Furthermore, 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:

 

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

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

c. You may not pass this account to any third party.

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

e. You may not issue a default notice related to this account.

 

Be advised, the CCA is clear that a default can only be issued for breach of a valid, regulated agreement. If there is no agreement, as in this case, then you cannot issue a default as I have not breached a valid or regulated agreement.

 

I look forward to your response within the next 14 days

 

Yours Faithfully

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

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