Cabot Providian credit card CCA return

[PriorityOne]

"Complete and post your reply today!".... is a bit of a giveaway, I think.

 

Is that it ?

[mrmarmite]

yup that application form, you bullet proof

[Seahorse]

Where? I don't see any agreement.

[Curlyben]

So Crapbot have sent you an unenforceable application form.

Oh well their lose.

Now you need to WAIT, until the 12+month expires and see what they send next.

After these timelimits expire THEN is the time to start reporting them to the proper authorities for action.

[Rahl]

Why do they keep using images of normal smiling staff on their literature ? That woman on the complaints procedure is not representative of them at all. They should use this photo :

 

 

or

 

[PriorityOne]

Rofl !!

 

What happened to my laughing hysterically icon ?

[dazza3956]

yep priority thats all they've sent me.

its good to hear that it ain't a bit of good.

thanx

[rory32]

Did they actually confirm that this is a copy of your credit agreement?

[ODC]

Did they actually confirm that this is a copy of your credit agreement?

If they did there is an excellent letter you can send which will blow them out of the water:D

[dazza3956]

hi

the letter they sent with the "agreement" states:

 

we enclose a copy of the original agreement as requested under the CCA act 1974.if you wish to discuss the matter further please call.

 

i got another letter yesterday saying they are calling tomorrow morning (letter dated 12th sept) which is the 19th sept.

if this is inconvenient please telephone .

.

i would love to have a letter that would blow them out of the water.

thanx

dazza

[dazza3956]

hi

the letter they sent with the "agreement" states:

 

we enclose a copy of the original agreement as requested under the CCA act 1974.if you wish to discuss the matter further please call.

 

i got another letter yesterday saying they are calling tomorrow morning (letter dated 12th sept) which is the 19th sept.

if this is inconvenient please telephone .

thanx

dazza

[Curlyben]

Dazza, ok try this on for size.

Edit as needed.

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

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 hold a consumer credit license 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

[Curlyben]

DON'T call them.

IF anyone does arrive simply tell them that you have already sent a letter and you're awaiting a response to it.

 

The I'd wait and see what they do next.

As and when the start demanding payment again send them the RW&c letter AND report them to TS

[rory32]

The alternative is to accept it as a copy of the agreement and send something along the lines of the following (really the choice is yours, the end result should be the same)

 

Dear Sirs,

Thank you for your response to my request under the Consumer Credit Act section 78.

 

I am pleased to see that you confirm this as a true copy of the original agreement.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

 

As this is the case I will of course be making no further payments on this agreement, any further action on your part to enforce will be vigorously contested.

 

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 any credit reference agencies including any defaults. 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.

 

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

 

In light of your recent letter in forming me of a home visit in relation to this account, please also consider this as a formal complaint.

I shall also be considering further action to recover unlawfully applied interest and charges that have been levied on the “Agreement”.

 

NOTE: You won't actually be doing the last bit, you are just stating that you are considering it.

[dazza3956]

they both sound excellent .

will be sending one of them recorded delivery straight away.

thnx

dazza

[diskmandave]

They're both brilliant but Rory's has the edge for me with the last paragraph.

 

Regards, Dave.

[Curlyben]

Psssst Dave, the one I posted I ripped from you, (I think)

Told you I'd steal it

[dazza3956]

thanx for all your help on the above.i haven't heard anything since.

i,ve now had a letter from another debt collecting service calld icQor collection services.i think they used to be called legal & trade in winckley square preston.

this debt has to be at least ten years old so i've just ignored them for now.

has anyone had any dealings with this company? surely this debt is statute barred and they know it is.they are threatening m with doorstep collection for now .any advice would be great.thanx dazza

[BeauBrummie]

I have not read through this thread but a bit of advice on statute barred debt, The debt cannot have been acknowledged by you either in writing or payments made to the account for a clear 6 years before you can legally challenge a DCA over it being time barred.

 

BB

[dazza3956]

the debt has not ben acknowledged i writing or otherwise for at least ten years .i don't even know what the debt is for.