Cap one response to 12 +2 letter

UNCLE_BUCK

Hi guys,

i have had a response to the 12+2 letter
their reply was basically we do not accept your notice of default we have sent you your agreement (they havn't',they sent me terms and conditions)BLAH BLAH so pay up
my question now is there anything else i do or send.???
thanks all

UNCLE_BUCK

Anyone!!!!!!!

kimdegsidash

Hi there's a useful letter on this thread

http://forums.moneysavingexpert.com/showthread.html?t=1659329

Good luck - I'm with Cap one too and not had much success, unless you count the 4 phone calls a day to my home, work and mobile!

10past6

Hi UB

Send the following letter, by recorded delivery

Dear Sir/Madam

I wrote to you on xx/xx/xx via recorded delivery, requesting a true copy of the signed agreement under the terms of the sections. 77(1) and 78(1) of the CCA 1974, enclosing the statutory maximum fee of £1 in the form of a postal order.

I have not been provided with a true copy of any signed agreement under the Consumer Credit Act, despite my properly formatted and paid for request within the timescales permitted within the Act.

I do not therefore acknowledge any debt to XXXXXX

I will no longer be making payments against this alleged "debt" as it is unenforceable and you have no authority to claim monies from me, as non compliance with my original request this will be a complete defence to any court claim that may be issued.

This will result in a report being submitted to the relevant statutory authorities

UNCLE_BUCK

thanks kim, i think i will send that letter.
thanks for responding

UNCLE_BUCK

thanks 10 past,
After sending the letter am i right in thinking, thats it no more letters just sit it out and await their next step?

10past6

UB, you could send them the a/c in dispute letter, but crap 1 never listen, so no point, if they continue to ignor your requests, report them to TS & OFT.

UNCLE_BUCK

Will do. thanks

fermi

It may be best to substitute some of this into your letter.

Thank you for your response to my request under the Consumer Credit Act section 78.

In your response you confirm this as a true copy of the original agreement executed by yourselves on the XXXXX.

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65.

However, the absence of any (prescribed terms / signature) means that a court would be prevented from enforcing it under s127(3).

I am granting to you a further 21 days to produce a copy of an executable agreement. After that I will consider that the above account is closed and that you will no longer pursue the alleged debt.

Simply relying on non compliance with s77/8 is often not enough.

They should be reminded that the agreement as supplied is not enforceable whether they have complied with a s78 request or not.

UNCLE_BUCK

thanks fermi

fermi

I doubt Crap One will take any notice though. :rolleyes:

They will probably sell to a DCA in the end. As you have already noticed, they don't think the law applies to them.