Unenforceability & Template Letters

RDRR

Hi,

I would appreciate some advice please. I'm a consultant/contractor and work through my own ltd company. The current economic climate has meant that work has been more off than on for about the past 12 months. I have a large amount of personal debt, mostly through credit cards, which I basically stopped paying several months ago as there was no money to pay them with. I hopefully have some well paid worked coming up so I'm planning to try my luck with CCA requests to try to buy some time.

My most basic question is, how do I know who to send the initial CCA request to - the OC or the DCA? Can it hurt to send it to both?

The debt I'm currently most concerned about is for a Co-op bank credit card, as I received a letter from GPB solicitors this morning threatening impending legal action. I'm planning to send the Co-op a CCA request, but is there anything else I should be doing? My other main debts are Egg, Halifax One and Barclaycard credit cards, and a loan with Alliance and Leicester. These are all being chased by various DCAa.

Any advice would be gratefully received

Thanks

Edit: I've just noticed that on the letter from GPB it says their client is Gothia, so presumably they have bought the debt from the Co-op and it's Gothia I should send the CCA to?

RDRR

A quick addendum to my message above...

I'm about to send my first CCA request to the Co-op Bank regarding my credit card account, but was wondering which address should you normally send such things to? I'm thinking probably the head office in Manchester, but there is also the customer services address in Skelmersdale. Also, do you normally address them to a particular department, or just 'The Bank'?

Cheers

sandraroffey

sandraroffey wrote: »

can someone please give me the link to the letter i need to send to la redoute, telling them that the CCA i requested isnt a CCA at all, its just a blank piece of paper?? that makes it unenforceable??????

the thing they sent didnt have anyone name on it, nor an account number, no signature, no date, no address, just a blank form.

anyone help me on this??? need a letter also to send to la redoute regarding the useless CCA

pebbles88

sandraroffey wrote: »

anyone help me on this??? need a letter also to send to la redoute regarding the useless CCA

if you search for the in dispute letter on here you will be able to find it, i will try find the link...

here we go, they are all at the start of this thread if you need any more...

CCA Request Query Letter

Dear Sirs,

Account No:

On xx/xx/2009 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a document a copy of which is attached which did not comply with the requirements of the Consumer Credit Act 1974.

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection;

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states;

2.6 Examples of unfair practices are as follows:

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40.

Since the agreement is unenforceable, it would be in everyone’s interest to consider the matter closed and for you to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

I respectfully request a response to this letter in 14 days.

Yours faithfully




Sign digitally


or...

Account in Dispute - Section 10 Notice

Dear Sirs,

Account No:

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 **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.
(date = 12+2 days after you sent the CCA request - delete this text)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.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 (+2) days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

As you are no doubt aware section 77(6) 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, 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 30 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 30 days I expect that this means you agree to remove all such data.

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 reserve the right to report your actions to any such regulatory authorities as I see fit. You have 30 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter and look forward to hearing from you in writing within 30 days.

Yours faithfully




Sign digitally

HTH

ricardovich

Hi everyone

Here's an excerpt from a reply I have received from Moorcroft acknowledging receipt of my first CCA letter:-

"In the meantime, however, we believe that it may be of assistance to all parties if we also take this opportunity to ensure that all potential areas of dispute are addressed prior to any possible court action or further investigation. To this end can you provide an indication of the information you will be relying upon, when giving evidence to the court or information to the relevant statutory authorities in relation to alleged subject matter of this account."

That has to be one of the most convoluted paragraphs in the history of written English:eek:

So my question is........what the heck do they mean???

mt191919

I took my loan out over 42 months @ repayment of £135 a month.

However they have made a mistake on my credit agreement and it states:

36 months @ repayment of £155 a month


Would this make my loan UN-ENFORCEABLE and could I therefore get this written off?

Hobbit_2

I know it's a been a month since this post, but I thought it's worth knowing that, although the Post Office tracking service online will only ever show (in my experience!) a delivery from one office to the prescribed address, if you give them a call they will open up the notes on their system and the signature is normally viewable then - I've done this a few times to confirm exactly who signed for a letter - even if it's the bog standard Recorded Delivery. Hope that helps?? ps Many many many thanks to N-I-D - you've given me the confidence to go after the swines who have made my life a misery since my delightful employers forced a 12.5% pay cut on me and things have got tough. You da man!!

Hobbit_2

Another quick query - maybe for N-I-D?? I read that the 2nd 30day CCA request letter is now no longer needed due to a chabge in the regs - is this true? Or would you still advise following the same procedure as previously just to play it safe? ie give them more than enough rope to hang themselves?!

leanne82duke

hey guys, i am past the 30 day point with my cca request to BCW they did not provide me with anything i sent the letter stating that the account was in dispute, they replied stating that they had put the account on hold until they could contact the original creditors.
but they have now started ringing me at least once a day, i have not spoken to them, my husband answered the phone to them yesterday and said that i had requested that they not call me, and they contact me by post only which i had reuested before.
he said the woman was really rude to him on the phone and said that as i could not be bothered to talk to them they had mark it as a refusal on my account, i am a bit confused, what does that mean? and i thought they were not allowed to hassle me when the account was in dispute?

also on the plus side wescott credit had started hounding me for an old debt, i sent the statute barred letter and i have heard no more from them x

fermi

Interesting from CAB....

OFT draft guidance on sections 77,78 and 79 of the Consumer Credit Act 1974