We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Is this letter ok? CCA and default removal letter

missal Posts: 147 Forumite

21 August 2009 at 1:51PM edited 21 August 2009 at 1:59PM in Debt-free wannabe

Hi,

I was inthe process of sending out CCA's and also need to question some defaults so have cobbled a letter together to request both, is this ok?

Dear Sir/Madam

Account/Ref No:

After recently obtaining a copy of my credit file from Equifax I was concerned to note that your company has placed a "Default" notice against an account in my name.

Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

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 including any interest or charges applied. I enclose a £1 in payment of the statutory fee.
2. You must supply me with a signed true and certified copy of the original default notice

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days and that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.
If you are unable to provide this data then I must insist that the default registered is removed from my files as unsubstantiated.

Please also include notes of assignment from original creditor.

I look forward to hearing from you.

Yours faithfully



Does this cover all bases?
Thanks

Missal

0

This discussion has been closed.

Back to Top

★ ★ ★ Meet your Ambassadors