CCA Letter advice please

10past6

sunshine38 wrote: »

Is there anyone around today who can help with this?

Amend and send this letter by RECORDED DELIVERY:

Account In Dispute

I refer to my recent correspondence with your company concerning this alleged debt, copies of which are enclosed for your perusal and ease of reference.

As [Enter Company Name] have failed to comply with my Consumer Credit Act request and admitted that the alleged signed executed agreement is unavailable, enforcement action is impossible under section 127 (3) of the Act.

The Consumer Credit Act allows 12+2 working days for this request to be carried out before your company enter into a default situation. These time limits expired on XX/XX/XX and XX/XX/XX respectively.

As you are no doubt aware subsection (6) states:
If the creditor under an agreement fails to comply with subsection (1)—
(a) He is not entitled, while the default continues, to enforce the agreement; and (b) If the default continues for one month he commits an offence.
Therefore as at [DATE} this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

If [Enter Name} chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

It is also my belief that your continued pursuance of this matter also constitutes an offence under Section 40 of the Administration of Justice Act 1970.

Failure to respond favorably to this letter within fourteen (14) days of receipt will result in immediate litigation being commenced against your company without further notice.

I also require a copy of your internal complaints procedure as further action may be necessary.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours Faithfull

shinyhead

Ok, where do you get your information from?

10past6

shinyhead wrote: »

Ok, where do you get your information from?

Researched, which is what I suggested you do.

shinyhead

Yes, but where from??

10past6

shinyhead wrote: »

Yes, but where from??

Where did you get 12+2+30 from?

fermi

The repeal of that section is clearly available from https://www.opsi.gov.uk along with other legislation.

I don't quickly have a link, but the extra 30 days is is no longer relevant. BTW it was never enforced anyway.:rolleyes:

sunshine38_2

10past6 wrote: »

Amend and send this letter by RECORDED DELIVERY:

Account In Dispute

I refer to my recent correspondence with your company concerning this alleged debt, copies of which are enclosed for your perusal and ease of reference.

As [Enter Company Name]have failed to comply with my Consumer Credit Act request and admitted that the alleged signed executed agreement is unavailable, enforcement action is impossible under section 127 (3) of the Act.

The Consumer Credit Act allows 12+2 working days for this request to be carried out before your company enter into a default situation. These time limits expired on XX/XX/XX[25 NOVEMBER 2008] and XX/XX/XX [27 NOVEMBER 2008] respectively.

As you are no doubt aware subsection (6) states:
If the creditor under an agreement fails to comply with subsection (1)—
(a) He is not entitled, while the default continues, to enforce the agreement; and (b) If the default continues for one month he commits an offence.
Therefore as at [DATE}[DO I PUT 27 NOVEMBER OR DO I HAVE TO WAIT UNTIL A FULL 30 DAYS HAVE PASSED = 19 DECEMBER 08 BEFORE I CAN SEND THIS LETTER?]this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

If [Enter Name} chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

It is also my belief that your continued pursuance of this matter also constitutes an offence under Section 40 of the Administration of Justice Act 1970.

Failure to respond favorably to this letter within fourteen (14) days of receipt will result in immediate litigation being commenced against your company without further notice.

I also require a copy of your internal complaints procedure as further action may be necessary.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours Faithfully

Thank you so much for pulling this up for me. Would you mind just checking that I have put the dates in correctly [highlighted in green above] - I apologise for my nervousness and appearing a little thick ... I just dont want to get this wrong.

I sent the original request by recorded delivery on Saturday 8th November 2008 and have started counting working days from Monday 10th November.

I really do appreciate your help and will make notes for any further CCA requests that I may have to make in the future - and so that I can perhaps help someone else!!

Sunshine

sunshine38_2

Hi Everyone

Can anyone take a look at the dates that I've inserted so that I can get my letter sent off please.

Thanks

Sunshine

RAS

Sunshine

The letter posted gives two dates which is a bit stange. The rule is that the default happens (12 working days+2 days)1 after the date of posting. There is no legal staging post as 12 working days, so putting in two dates is irrelevent.

You ned to calculate the date of posting plus 12 working days plus 2 extra days and put the day after that in your letter. Since you do not post the date you mailed the letter, I cannot calculate this for you.

DEFAULT UNDER THE CONSUMER CREDIT ACT 1974
FAILURE TO PRODUCE AGREEMENT


Dear Sir/Madam


ACCOUNT NUMBER: *******************


I do not acknowledge any debt to your company.


I wrote to you by Special Delivery/Recorded Delivery ( Ref ******) on ***** 2007 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a 1.00 postal order as the fee payable. This letter was delivered and signed for on *****, 2007.



The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on *****, 2007. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on ********** 2007 this time limit will have expired.



I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to same. As such, this account has become unenforceable by law. As you are no doubt aware subsection (6) states:



If the creditor under an agreement fails to comply with subsection (1)—



(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.
As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.

Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (****, 2007)


Data Protection Act (Data Protection Act 1998)

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

Yours faithfully,