pinks cca crusade..inc template letters, responses and more!!!

thepinkladez_2 · 6 August 2008 at 2:32PM

hi all i thought i would start this thread mainly for my own reference and to keep me on track, but i thought i would include all the template letters, links etc that everyone has kindly provided in my quest to get my cca's so others can use it as a source of reference.

thepinkladez_2 · 6 August 2008 at 2:38PM

address
blah
bla blah
blah
!!!! !!!
Dear Sir/Madam

Account Number:

I write to formally request the following information regarding the above agreement.
This agreement is a regulated agreement and therefore my request is covered by section 77/79 of the Consumer Credit Act 1974. The consequences of your failure to comply with this request are also detailed within the same Act.
Please provide in writing, by return
1. A copy of the original signed agreement.
2. A copy of the terms and conditions that apply to this agreement
3. Notice of assignment (if applicable)
4. Full itemisation of all charges & costs applied to this account to date.
5. Confirmation of the current balance.

In consideration of the above conditions I enclose the mandatory fee of £1.00 and respectfully request that you comply with this request within the prescribed timescale of 12 working days. Please also not that this request has been sent by registered post.
Yours faithfully

thepinkladez_2 · 6 August 2008 at 2:46PM

factsheet provided to me by fermi from ndl:
Link: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=getting_a_copy_of_your_credit_agreement_and_account_details

This includes a template letter and info regarding £1 fee.

thepinkladez_2 · 6 August 2008 at 2:54PM

Letters including £1 cheques to all companies have been sent by royal mail first class recorded delivery.
Attached recorded delivery receipts to all copies of letters and i will await the companies responses!

thepinkladez_2 · 6 August 2008 at 2:58PM

this was some info that george uk and ras provided regarding what should be included in a cca:
hi

A true executed CCA has to have the following information in it:

IS MY AGREEMENT ENFORCEABLE( Via section 127(3) CCA1974)
PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(0) AND 127(3) OF THE
CONSUMER CREDIT ACT 1974 Taken from sced.6(1983/1553) regulations

**What do we mean by unenforceable?
In the Consumer Credit Act section 127 there is a provision for making an agreement unenforceable if it does not contain certain pieces of information.
Subsections 1,2,3,4 state which pieces of information these are, and everything mentioned there must be included within the body of the agreement, if one is missing the agreement is unenforceable.

How does unenforceable differ from enforceable with a court order only?
When an agreement is unenforceable it means that the court or the judge cannot make a ruling on it. The court cannot make it enforceable.
When an agreement is enforceable only by ruling of the court it means that the agreement can be stopped by the debtor but the court has the power to re-instate it and allow the credit to continue to enforce.**

The Prescribed Terms are these

A Amount of credit
A term stating the amount of credit

B Repayments
A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-
(a) Number of repayments;
(b) Amount of repayments;
(c) Frequency and timing of repayments;
(d) Dates of repayments;
(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

C Rate of interest
A term stating the rate of interest to be applied to the credit issued under the agreement
D Credit limit
This may be a term or the manner in which it will be determined or that there is no credit limit.

Which of these applies to you depends on the type of agreement you have?

For a Running Account (credit card) agreement

BC and D Apply

For a Restricted Use Debtor Creditor Supplier

Where the dealer is the supplier and the creditor is the one providing the finance.
The money can only be used for the purpose it is given.
There is no interest on the purchase (the cash price is the same as the total price)
And there is no advance payment

A is applicable

For a fixed Sum Credit Agreement
A conventional credit agreement with none of the above restrictions

A and B apply

For a Hire Agreement

B is Applicable

This paper only covers section 127(3) of the Act agreements can also be unenforceable by contravention of sections 1 and4 this will be the subject of the next paper.
Please note that these Prescribed terms where not changed in any way by the 2004/1482 Ammendments although the form in which they appear on the agreement was. Subsection127(3) was repealed on the 6th of April 2007 so that unenforceability due to 127(3) will only apply to agreemens executed before that date.

BUT

If the agreement was signed after 5th April 2007, the legislation changed and the absence of the prescribed terms may not be enough to make it unenforcable.

thepinkladez_2 · 6 August 2008 at 3:00PM

drydens a company working on behalf of egg provide me with everything my cca letter requested! boo:mad: was hoping they wouldnt be able to as i have a ccj and inpending co with them!

thepinkladez_2 · 6 August 2008 at 3:09PM

No other cca's have dropped through my door!

Checked today if any of my cheques have been cashed as all but one letter has arrived at its destination (checked on royal mail website recorded delivery section) all cheques have been cashed except the one to hsbc which also seems to be missing in the post!

company cheque cashed cca arrived
drydens cheque cashed yes
egg (drydens) cheque cashed yes
egg loan cheque cashed no
egg card cheque cashed no
egg loan2 cheque cashed no
metroploitan cheque cashed no
hsbc (metro) cheque cashed no
mbna cheque cashed no

will send second letter as it will 12+2 days.

thepinkladez_2 · 6 August 2008 at 3:13PM

this template was provided to me by fermi:

Alternative CCA 12 + 2 days letter.

Quote:
FORMAL NOTICE - ACCOUNT IN DISPUTE.

Ref: ****************

Dear Sir/Madam,

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

To date you have failed to comply with these requests in any way.

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under Sections 77-79 of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.

These limits have expired.

As you are no doubt aware section the Consumer Credit Act states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.

And

(b) If the default continues for one month he commits an offence.

Therefore this account has become unenforceable at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counter-claim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as 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.

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 not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that 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 as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

Pleas supply me with a copy of your complaints procedure in writing.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

thepinkladez_2 · 6 August 2008 at 3:14PM

second letters sent out to all companies who havent provided the cca. all letters again sent royal mail first class recorded delivey and all receipts attached to copies of letters.

I await their response again!!!

thepinkladez_2 · 6 August 2008 at 3:21PM

mbna have sent this cca through which i cant decide if its correct or not!agghh!

http://i520.photobucket.com/albums/w324/thepinkladez/ccambnapg1.jpg

http://i520.photobucket.com/albums/w324/thepinkladez/ccambnapg2.jpg

http://i520.photobucket.com/albums/w324/thepinkladez/ccambnapg3.jpg

http://i520.photobucket.com/albums/w324/thepinkladez/ccambnapg4.jpg

http://i520.photobucket.com/albums/w324/thepinkladez/ccambnapg5.jpg

also includes this months statement.

thepinkladez_2 · 6 August 2008 at 3:56PM

well mr pinks cca request for his egg loan arrived today minus:

4. Full itemisation of all charges & costs applied to this account to date.
5. Confirmation of the current balance.

these will be arriving separatley according to the letter, hmmmmm.

my egg loan cca also arived today with

4. Full itemisation of all charges & costs applied to this account to date.
5. Confirmation of the current balance.
included??

but am a little confused as it shows application was made online but i could have sworn i was sold loan over the phone to consolidate my egg card? i cant imagine i would have agreed to it over the phone then have to apply online?
also there are 2 very different dates on the agreement? supposdely i agree on the 7th january 2007 and egg signed the agreement on the 1st november 2006???

here is the cca sig box page:

http://i520.photobucket.com/albums/w324/thepinkladez/myeggloanccaresponse.jpg

pinks cca crusade..inc template letters, responses and more!!!

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