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    • fermi
    • By fermi 1st Jul 08, 6:50 PM
    • 36,899 Posts
    • 44,444 Thanks
    fermi
    • #2
    • 1st Jul 08, 6:50 PM
    • #2
    • 1st Jul 08, 6:50 PM
    This is one version.

    Ask your creditor for a copy of your credit agreement under the Consumer Credit Act 1974


    1 High Street,
    Newtown,
    Kent
    R21 4RH

    June 28, 2006


    The Loan Company
    Company House,
    Church Street,
    Newtown,
    Kent,
    R1 7HG


    Dear Sir/Madam

    Re:− Account/Reference Number 4563210025897412

    With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.

    We understand that under the Consumer Credit Act 1974 [sections 77-79], we are entitled to receive a copy of any credit agreement and a statement of account on request. We enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.

    We understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

    We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement and statement of account under these sections of the Act.

    You are also notified that you are legally obliged to comply with this request whether you are the original creditor or not.

    We look forward to hearing from you.

    Yours faithfully

    Mr A N Other (print your name, don't sign)
    Last edited by fermi; 01-07-2008 at 6:59 PM.
    I'm a Board Guide on the Debt-Free Wannabe, Bankruptcy, Credit Cards and Loans boards. I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. Any views are mine and not the official line of moneysavingexpert.com. Board guides are not moderators. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com | > New to Forum? Click for Guide <

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  • Honeybee
    • #3
    • 1st Jul 08, 6:55 PM
    • #3
    • 1st Jul 08, 6:55 PM
    Thanks Fermi!

    What should I put in there re deeds of assignment?
    Debt free in 2010
    6551.35 paid so far.

    This WILL be my debt free year!
  • luckymum
    • #4
    • 1st Jul 08, 6:56 PM
    • #4
    • 1st Jul 08, 6:56 PM
    thats a good template..
    i have also thought about taking that route as well, just dont think i have the nerve, also if you hear nothing from the after 12 working days what happens then ?
    iqor debt recovery for littlewoods 832.73..
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    dfw#459
    • fermi
    • By fermi 1st Jul 08, 7:04 PM
    • 36,899 Posts
    • 44,444 Thanks
    fermi
    • #5
    • 1st Jul 08, 7:04 PM
    • #5
    • 1st Jul 08, 7:04 PM
    What should I put in there re deeds of assignment?
    Originally posted by Honeybee
    If the debt has been bought by the DCA then you can add in:

    "I also require you to supply me with a copy of the deed or notice of assignment for this account."

    But you have to remember that they are not obliged to supply a copy of the "deed" under a CCA request.

    The letter in my other posts has been edited slightly since I posted it, because I originally pasted in the wrong version.
    I'm a Board Guide on the Debt-Free Wannabe, Bankruptcy, Credit Cards and Loans boards. I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. Any views are mine and not the official line of moneysavingexpert.com. Board guides are not moderators. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com | > New to Forum? Click for Guide <

    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Honeybee
    • #6
    • 1st Jul 08, 7:13 PM
    • #6
    • 1st Jul 08, 7:13 PM
    Thank you so much, I really appreciate it.

    I think I'll relax a little bit before I write it out as I am fuming.

    We paid by standing order and they've not received the payment, despite us confirming several times that it's been sent to the correct account in addition to the fact I emailed a copy of the 1 line on my bank statement which shows payment has been made.

    They are now classing this as arrears and as I refused to pay these 'arrears' by debit card, DCA monkey informed Mr Bee that he is now referring it to county court.

    Now this is Mr Bee's debt from his student years and the card was taken out in 1997, I've heard that CCA's are a little dodgy around that time - I sincerely hope so as my decision to go for my moral obligation to pay might just go out of the window.
    Debt free in 2010
    6551.35 paid so far.

    This WILL be my debt free year!
  • Honeybee
    • #7
    • 1st Jul 08, 7:44 PM
    • #7
    • 1st Jul 08, 7:44 PM
    Thanks for that.

    I am spitting feathers about this. We're working so hard to get this debt paid off and they just can't help themselves but to be greedy.
    Debt free in 2010
    6551.35 paid so far.

    This WILL be my debt free year!
  • Honeybee
    • #8
    • 3rd Jul 08, 4:43 PM
    • #8
    • 3rd Jul 08, 4:43 PM
    CCA letter sent yesterday, received by them today.

    Had 3 phonecalls from them one after another which I answered the last one. I cannot speak on the account as it's Mr Bee's but the advisor informed me that Mr Bee needs to phone them urgently. I told her that we've written to them but she said nothing's been received.

    I also pointed out that Mr Bee was willing to speak to the last advisor but his parting statement was, "Well I'm referring this to the county court then." before terminating the call. Today's advisor said goodbye and terminated the call after I told her that.

    Awwww, they don't like me.
    Debt free in 2010
    6551.35 paid so far.

    This WILL be my debt free year!
  • Honeybee
    • #9
    • 5th Jul 08, 1:31 PM
    • #9
    • 5th Jul 08, 1:31 PM
    Right, I have the electronic proof printed out, letter delivered on 03/07/08.

    So for 12+2, would that make it 24/07 before next letter can be sent? (providing they don't send cca before then) Or is it 12+2 days including non working days?
    Debt free in 2010
    6551.35 paid so far.

    This WILL be my debt free year!
    • fermi
    • By fermi 5th Jul 08, 1:41 PM
    • 36,899 Posts
    • 44,444 Thanks
    fermi
    It is "working days".

    The Consumer Credit Act 74 defines that as:

    “ working day “ means any day other than—

    (a) Saturday or Sunday,
    (b) Christmas Day or Good Friday,
    (c) a bank holiday within the meaning given by section 1 of the Banking and Financial Dealings Act 1971.
    I'm a Board Guide on the Debt-Free Wannabe, Bankruptcy, Credit Cards and Loans boards. I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. Any views are mine and not the official line of moneysavingexpert.com. Board guides are not moderators. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com | > New to Forum? Click for Guide <

    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Honeybee
    Thanks Fermi!
    Debt free in 2010
    6551.35 paid so far.

    This WILL be my debt free year!
  • Honeybee
    And another phonecall today, went something like this:

    DCA: Can I speak to Mr Bee?
    ME: No sorry, he's at work.
    DCA: Can you give him a message?
    ME: Yes, sure.
    DCA: Ask him to phone **** on *****
    ME: Oh it's you, we've already written to you.
    DCA: We've not received any letter from you.
    ME: Yes you have, I sent it recorded and I have proof that it has been received.
    DCA: I'll look at the account then. *tap, tap, tap*
    DCA: Why has Mr Bee written to us? Why won't he just phone us like we've asked?
    ME: Mr Bee was willing to speak to you until one of your agents were particularly rude to him. If your company wishes to speak to clients like that, we'll only be communicating in writing.
    DCA: What was in the letter?
    ME: Won't it say on the account details you just got up?
    DCA: *hangs up*

    Debt free in 2010
    6551.35 paid so far.

    This WILL be my debt free year!
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