What next ? please help... ;) Credit Card Debt

Little_Miss_Knuckles

Hi everyone, thanks for reading.

I asked for my bank statements to be resent over a year and a half ago. They sent me 3 years of them ( account was open 9 years at least) . Then after asking again for the rest the letter was ignored. Then due to a very difficult pregnancy i was unable to keep up with the dates etc to reply. I then looked into getting y CCA and looking on here it was drawn up incorrectly. I sent them this letter

Re: my request under the Consumer Credit Act 1974

Thank you for your letter dated <date>.

It would seem that you are of the belief that you have discharged your obligations under the Consumer Credit Act 1974 in particular section 78(1).

You have provided me a copy of an application form, not a correctly executed credit agreement.

Firstly, to comply with section 61 of the consumer credit act 1974 which by the way refers to the signing of an agreement (Not an application), a document must conform to regulations made under the provisions of section 60(1) Consumer Credit Act 1974 otherwise it cannot be properly executed

Now then, these regulations I refer to are the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553). These regulations set out the form and content of agreements. For an agreement to be compliant with the regulations it MUST embody within the agreement, the prescribed terms laid out in the SI1983/1553. Without the prescribed terms the agreement does not conform to section 60(1) 1974 and therefore cannot be properly executed as described in section 61(1) CCA 1974.

For your information in case you are unsure. The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are: -

- A term stating the credit limit or the manner in which it will be determined or that there is no credit limit;

- A term stating the rate of any interest on the credit to be provided under the agreement and;

- A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--

(a)Number of repayments;
(b)Amount of repayments;
(c)Frequency and timing of repayments;
(d)Dates of repayments;
(e)The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

Now nowhere on the application form that you supplied is there any reference to these terms.

I wish to remind you that the absence of these terms will render a document unenforceable in court and I also wish to point out that these terms MUST be contained within the agreement and NOT in a separate document headed terms and conditions or words to that effect

Therefore, you have failed to supply an enforceable document, which is correctly executed; as to be so it must conform to the Regulations under s60 CCA1974.

I am of the opinion that a court is precluded from enforcing this agreement by s127 (3) CCA1974 as it is improperly executed under s61 CCA 1974.

The consequences of improper execution are set out in section 65 CCA 1974 and s65 sets out that only a court can enforce an improperly executed agreement subject to certain qualifications, one of those is that the document is signed and contains all the prescribed terms.

Now since this document does not contain all the prescribed terms s127 (3) CCA 1974 strictly prevents the court from enforcing this agreement.

If you cannot supply me with a document, which complies with the Consumer Credit Act 1974, and ALL of the Regulations made under the Act, I shall be forced to make a complaint to Trading Standards and I will also draw this to the attention of the Office of Fair Trading and the Financial Ombudsman.

I respectfully request you review this matter in light of my comments above and I request that you supply me the required information or alternatively confirm the account with yourselves is closed.

I respectfully request a reply within 14 days of the date of this letter.

Yours Sincerely

This morning ive had in the post this....

RE ACCOUNT ReF>....

We refer to the above account and the recent issues you raiused.
The documentation supplied complied with the requirements of the consumer Credit Act
The balance of £2925.53 is ovcerdue and we require immediate patyment. Our client is prepared to accept a single payment of 2763.60 to settle your liability for this debt. Without your payment proposals your account will be transfered to our solicitorsa.
We trust this clarifies our position.
yourz sincerly..

Blah blah blah
The letter above is from Robinson, Way & Company ( the debt was passed to them from Halifax )

I dont mind paying it but after a year of getting messed around every time i try ask them for something they ignore me yet they send me letters demanding payment within 7 days or else k8ind of threts and im not impressed to be honest.

So i need to know what exactly i need to have on my cca to make it valid or otherwise ( for a credit card ) and then how do i go about therafter please.

Anyone got any ideas please im pulling my hair out here ):mad:

Many thanks in advance

K xx

conar686

Send the following to Robinsons basically stating that you are in dispute with the original creditor and therefore no action may be undertaken until such tim as the dispute is resolved.

Thank you for your letter of **DATE**, the contents of which are noted.
I refer to my letter of **DATE** a copy of which is enclosed for your perusal and ease of reference.

As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with **BANK ** prior to your first contact with me, and has yet to be resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

Since this is considered an unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure.

I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.
Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the OFT guidelines to Trading Standards and the Financial Ombudsman Service.

Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

I look forward to hearing from you in writing.