CCA Request theyve replied waffle

alocacoc wrote: »

hi relative as far as I know has been paying his debt to capital one

hes asked them for a copy of his cca and theyve replied with there Terms and conditions thats it NO CCA

so with all the fantastic advice out there

Now What ?

thanks

CCA Request Query Letter

Dear Sirs,

Account No: XXXXXXXX

On xx/xx/2009 I wrote requesting that you supply me a true copy of the executed credit agreement for this account. In response to this request I was supplied a document a copy of which is attached which did not comply with the requirements of the Consumer Credit Act 1974, moreso as it is in fact an application form and not the Consumer Credit Agreement.

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection;

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states;

2.6 Examples of unfair practices are as follows:

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request or attempt to insult my intelligence by sending out another copy of an application form, I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40.

Since the agreement is unenforceable, it would be in everyone’s interest to consider the matter closed and for you to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

I respectfully request a response to this letter in 14 days.

Yours faithfully




Sign digitally

vicky12 wrote: »

Hi
Can you still challenge the unenforceability of debts on the grounds that they can't provide the credit card agreement?
I heard of a high court case a few weeks ago that ruled that debts are still enforcable on these grounds.
Can anyone help please !!!!
Thanks Vicky.