HELP - CCA advice please

wow, can't believe that. thanks for filling me in

The essential thing is if they cannot provide a true signed copy of the original agreement then it is not an enforceable debt until the agreement is produced. ( does not apply to agreements taken out after April 07 )
DD

Hi there
If I disappear its not because of you - there is something wrong with my PC and it keeps crashing.

Firts of all send the letter below, you have to allow them 12 working days plus 2 (to allow for postage) to respond with your "alleged" CCA.

After this timescale has passed, they are in default and cannot legally chase you for payment. (if you are making any payments - stop at this point) You then need to allow them another 30 calender days to respond, if by the time 12+2+30 days have passed and they have not supplied a "true" the agreement then the debt becomes unenforceable - but..........they can produce the CCA at any time and the debt then becomes enforcable again, to stop this happening, after the 12+2+30 days has passed you must report them to TS etc as they can be fined for not having a true, signed, copy of an executed agreement and in some cases the debt is written off. It is also important that you report them as they are likely to pass the "alleged" debt to another DCA and so on - so in fact the whole process starts again.

Keep a log of all telephone calls, all letters they send you, all letters you send them - this will help your case when reporting to TS. At the top of each and every letter you send them, type in bold:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

Here is the first letter to be going on with, PM again if you need another - there is one you can send after the 12+2 days and another after the 12+2+30 days. Also, if they do send you an "CCA" - come back and check that it is a true CCA. Please dont hesitate to PM me, I'll help if I can. HTH and Good Luck xx

Dear Sir/Madam

Re:−
Your Ref:

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by (enter date 12+2) , I will have no hesitation in passing your details to the Office of Fair Trading.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Regarding your threat that a Doorstep Collector will call the owner of this property is denying you or anybody working on your behalf access onto their estate or grounds in relation to this disputed debt, should you or any agent acting for you attempt to gain access to the estate or its grounds, then you will be ignoring your denial of access and the owner of (enter address) will take legal steps to sue both you and or your agents for trespass, please also note that having a letterbox on the property gives you or anyone working on your behalf neither implied nor expressed rights to enter the properties boundaries, again any instances of trespass WILL lead the property owner to sue both yourselves or any agents working on your behalf.



Yours faithfully