Is this CCA enforceable

An application form does not a true CCA make

Naughty, naughty Crapital One for not having the perscribed terms :rolleyes:

Amend letter below as needed:-

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

Thank you for your recent letter sent to me dated **DATE**, 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 **DATE**. 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 **12 days DATE** 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 **12 Days DATE** and subsequently committed a criminal offence on **MONTH DATE**.

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.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

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

Hi,

I'm new to this but have been using the advice here which is brilliant - thank you.

I am in the exact same position as compulsivespender79 in that I requested a CCA from Lowell and they sent me a page with 'Application Form' at the top with my details, and a short section entitled 'credit agreement' with none of the items compulsivespender79 lists.

I sent the letter as advised, and I have received a letter back saying this:

'We can advise that the balance was calculated based upon the balance of the debt purchased from Capital One less any payments or adjustments received or made against your account since the date of purchase.

We are under no further obligation under the provisions of the above Act to provide you with copy account statements as you suggest.

Please find enclosed a further copy of your agreement together with the terms and conditions.

We would now request that you please call the number above to arrange re-payment of this debt by return.'

I have not been sent anything new apart from the terms and conditions.

Please could you let me have any advice on this - it's much appreciated.

Background - account opened in 2001, they claim balance outstanding is £482.48. I did offer a repayment schedule in 2005, but when I asked for bankdetails to send it to they stopped writing to me. I then read about my rights on this forum when they started contacting me again. They offered a settlement of about £200 when I first requested the CCA. They continually phone my house even though I am at work all day and even though I have repeatedly asked them to correspond by letter - to which the response was 'it takes too much effort and takes too long' - they say they do not have to comply with this request! They are intimidating and bullying on the phone.

Sorry, yes it was a Capital One credit card.

I'd also like to add that I'm not trying to avoid thedebt, could pay it quite easily, but I don't like the was I and my family have been treated and I can't remember the status of the account and want proof if I owe this amount.

Thanks RAS - the 12+2+30 days isup on 14 April so I'll send the letter then and see what happens.

Thanks tp Weller as well.