Unenforceable CCA where now?

anthony1

I am thinking of sending this letter to mint..... any thoughts


Dear…..

Thank you for your letter dated

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

I am of the opinion that the copy of the agreement does not comply with the conditions set out by the Consumer Credit Act 1974 s.61.(1) which states that an agreement must contain certain prescribed terms, the Consumer Credit Act ( Agreements) Regulations 1983 s.6 sets out how these terms should be contained with in one single document and if not, is not enforceable by the court Consumer credit Act 1974 s.127(3) , recent case law Wilson V Hurstanger Neutral Citation Number: [2007] EWCA Civ 299.

In addition the terms and conditions sent were not only seperate from the agreement but relate to your terms and conditions as of today and not when the agreement was made.

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.
You had until **12 days DATE** to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on **12 Days DATE** and subsequently committed a criminal offence on **MONTH DATE**.

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.
Furthermore I object to you using the £1.00 fee as credit to my account. This money has been mis-appropriated by you. I will be complaining to Trading Standards, OFT and to the Financial Ombudsman for misappropriation of funds (which falls under the Theft Act).

fermi

delboypass wrote: »

how do you subscribe to a thread as I would to keep track on this one

See this link: Subscriptions

anthony1

copy agreement and T & C from Mint now posted

anthony1

Yes!!!! I posted the info successfully!!!! Only took 2 hours..... now any trhoughts please

The T & C's are headed... THE INFORMATION CONTAINED IN THIS COPY OF YOUR AGREEMENTIS CORRECT AS AT YOUR LAST STATEMENT DATE... i.e 26/6/08!!! They are not the T 7 C's from 2003.

The agrrement is not signed by them From what I have learnt from thisd amazing site it is unenforceable. Just wondered what to do next

siscor

Any updates? It has passed 3 years and I love soaps
I may be in the same situation... did the DCA send you to court? Thanks!