Sub Prime Credit Thread Part III

sutton111

noah271007 wrote: »

Looks like NID knows his stuff more than I do, lets start a new thread on this?

Good idea!! Do you want to start it?

noah271007

Where is the second letter i sent u then?? Oh dear, lets start a new thread and tomorrow i will find the second long letter ive emailed you and paste it.

Innocent_Guy

Brb..............

noah271007

sutton111 wrote: »

Good idea!! Do you want to start it?

Yep ok...what do you want to call it? lol

sutton111

noah271007 wrote: »

Yep ok...what do you want to call it? lol

"Sorting out Sutton the idiot?" :o

sutton111

noah271007 wrote: »

Where is the second letter i sent u then?? Oh dear, lets start a new thread and tomorrow i will find the second long letter ive emailed you and paste it.

The second letter is that lengthy one, the one I posted first.

sutton111

I'm knackered so I'm off to bed.

Thanks for your help guys.

never-in-doubt

Right, the letters you need are as follows:

To request CCA:

Dear Sir/Madam

Re:

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the Credit Agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

I enclose a cheque in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

Yours Faithfully

Non response follow up letter:

Dear Sir/Madam

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On the DATE I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

On DATE a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents. These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

In my letter of the DATE I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore; You are aware that the Consumer Credit Act allows 12 working days for a requestto be carried out before you enter into a default situation.

This limit has expired. As you are no doubt aware section 77(4) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled, while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any CRA's.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 21 days I expect that this means you agree to
Furthermore you should be aware that a creditor is not permitted to take ANY
Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

I will be reporting your actions to any such regulatory authorities as I see fit.

Failing that, send a s.10 notice:

Your reference................ .......


Legal notice under the Data Protection Act 1980


To; The Data controller/compliance Manager.................. .................


Dear Sir/Madam,


Please be advised that this is a formal notice issued under Section 10 of the Data Protection Act 1980
I demand that you cease processing of my Data by any means whether written or electronically,with third party individuals and
organisations.In addition to processing,this also means passing,ammending,sharing ,and management in any form of my Data in whatsoever filing,both manually or electronically.

In compliance with the Information Commissioners guidance,I give you 14 days to comply with this request.

The purpose of this request is that I am of the understanding that your continual processing/controlling of my data will cause distress harm and damage.
Specifically because;

(i) My credit worthiness is being or has been damaged by your actions as a result of your entries to my credit files,which relate to unfair charges currently in dispute,and found by the Office of Fair Trading to be unfair. You can also add other stuff here as is applicable and any or all of the following that apply (since you need to show reasons as to why continual processing will or is likely to cause distress harm or damage)

(ii)That recorded defaults on my credit files by yourselves are in dispute.

(iii)That I fully expect to show that adverse data was wrongly filed which would mean that earlier processing was unfair and unjust.

(iiii)That matters in relation to adverse data you have entered onto my credit files are currently in litigation.

(iiii) That the adverse data you continue to process,manage and pass on to third parties impedes my ability to apply for credit,mortgages or other financial services.

(iiiii)That as a data controller/compliance officer,you have a responsibility under the Data protection act to observe all principles set out therein,within the act.


I expect an acknowledgement of your intentions to comply,and if you do not agree,your reasons for being unable or unwilling to do so.

I will give you 14 days to forward this to me in writing.


Under the Data Protection Act,a county court has the powers to order compliance of any breaches it sees fit,together with compensation,at the discretion of the court.

Should you fail to comply,or give just and reasonable reasons as to why you will not comply,I will consider making an application to my local Court on notice to force compliance,together with costs and compensation.

Yours Faithfully

never-in-doubt

noah271007 wrote: »

Looks like NID knows his stuff more than I do, lets start a new thread on this?

Mate not really, just done lots of these and got lots of joy LOL

sutton111

never-in-doubt wrote: »

Right, the letters you need are as follows:

To request CCA:

Dear Sir/Madam

Re:

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the Credit Agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

I enclose a cheque in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

Yours Faithfully

Non response follow up letter:

Dear Sir/Madam

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On the DATE I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

On DATE a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.
These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

In my letter of the DATE I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore
You are aware that the Consumer Credit Act allows 12 working days for a requestto be carried out before you enter into a default situation.



This limit has expired.

As you are no doubt aware section 77(4) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled, while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 21 days I expect that this means you agree to
Furthermore you should be aware that a creditor is not permitted to take ANY
Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

I will be reporting your actions to any such regulatory authorities as I see fit.

Failing that, send a s.10 notice:

Your reference................ .......


Legal notice under the Data Protection Act 1980


To; The Data controller/compliance Manager.................. .................


Dear Sir/Madam,


Please be advised that this is a formal notice issued under Section 10 of the Data Protection Act 1980
I demand that you cease processing of my Data by any means whether written or electronically,with third party individuals and
organisations.In addition to processing,this also means passing,ammending,sharing ,and management in any form of my Data in whatsoever filing,both manually or electronically.

In compliance with the Information Commissioners guidance,I give you 14 days to comply with this request.

The purpose of this request is that I am of the understanding that your continual processing/controlling of my data will cause distress harm and damage.
Specifically because;

(i) My credit worthiness is being or has been damaged by your actions as a result of your entries to my credit files,which relate to unfair charges currently in dispute,and found by the Office of Fair Trading to be unfair. You can also add other stuff here as is applicable and any or all of the following that apply (since you need to show reasons as to why continual processing will or is likely to cause distress harm or damage)

(ii)That recorded defaults on my credit files by yourselves are in dispute.

(iii)That I fully expect to show that adverse data was wrongly filed which would mean that earlier processing was unfair and unjust.

(iiii)That matters in relation to adverse data you have entered onto my credit files are currently in litigation.

(iiii) That the adverse data you continue to process,manage and pass on to third parties impedes my ability to apply for credit,mortgages or other financial services.

(iiiii)That as a data controller/compliance officer,you have a responsibility under the Data protection act to observe all principles set out therein,within the act.


I expect an acknowledgement of your intentions to comply,and if you do not agree,your reasons for being unable or unwilling to do so.

I will give you 14 days to forward this to me in writing.


Under the Data Protection Act,a county court has the powers to order compliance of any breaches it sees fit,together with compensation,at the discretion of the court.

Should you fail to comply,or give just and reasonable reasons as to why you will not comply,I will consider making an application to my local Court on notice to force compliance,together with costs and compensation.

Yours Faithfully

What should I do then?