CCCA letter reply from AIC

Minibits_2

Hi All I sent a CCA letter to AIC who I have been paying for the last 3 years re a credit card debt with my old bank, this is their reply


Dear Mr xxxx

Thank you for your recent letter dated xxxxx which I have attached for your reference.

As we are currently acting on behalf of the XXX Bank in respect of recovering the outstanding debt on this account, we are unable to comply with your request. Such requests need to be addressed to the legal owners of the product which in this case is the xxx bank

To enable them to provide the documentation you have requested you would need to contact the bank directly by writing to

Insolvency & Client Support
1st Floor - section 78
Thanet Grange
Westcliff on Sea
Essex
SS0 0EJ

You will need to ensure that your request is accompanied by a payment of £1.00

May I also take this oppertunity to remind you that the full outstanding balance on this account is due and owing You will need to contact our offices upon receipt of this letter to prevent further recovery action being taken

Your sincerely

K Muir


They return this letter along with the AAC letter I sent and the postal order for £1

any help would be appreciated



Minibits

Jesthar

Hmmm, not my specialist subject, and I'm sure the real experts will be along soon, but from reading around here I've always understood it as being the entity you are paying the money (i.e. AIC in this case) to who have the legal obligation to provide a true and valid copy of a CCA on request...

Sounds like it might be a delaying tactic, and that bit about calling them to avoid further action is very cheeky as you say you have been paying them regularly for a few years. Sounds very much like a standard letter...

~Jes

rog2

Minibits wrote: »

As we are currently acting on behalf of the XXX Bank in respect of recovering the outstanding debt on this account, we are unable to comply with your request. Such requests need to be addressed to the legal owners of the product which in this case is the xxx bank

SIMPLY NOT TRUE

If AIC have been pursuing you for payment of this 'debt' then, regardless of the fact that they are not the original creditor, they (AIC) are legally obliged to comply with your legitimate request for a true and compliant copy of the original executed consumer credit agreement.

The fact that they have returned the £1 Statutory Fee is irrelevant.

They are trying to evade their legal obligations - no other way of putting it.

If it has been more than 12 working days since they received your cca request, then send them the 12+2 day letter that you will find on post 5 of the following thread:

http://forums.moneysavingexpert.com/showthread.html?t=963087

(just leave out the bit that refers to it becoming a 'criminal offence' after 30 days - this is no longer the case).

AIC are 'in default' and can not, legally, enforce the agreement without first obtaining permission from the Courts - at which stage, you would have the opprtunity, in your 'defence' to tell the Court that AIC are in default.

In the meantime, you should report any further attempts, by AIC, to enforce the agreement, to the Office of Fair trading.

Minibits_2

Hi

Thanks for your reply I have typed out this letter

Thank you for your letter Dated 06/08/09, I read with amusement the section in which you state
and I quote
　
As we are currently acting on behalf of the XXXX Bank in respect of recovering the outstanding debt on this account,we are unable to comply with your request. Such requests need to be addressed to the legal owners of the product, which in this case is the XXXX Bank
May I remind you of your duties under section 175 of the Credit Consumer Act 1974
of which I quote.
　
175. Where under this Act a person is deemed to receive a notice or payment as agent
of the creditor or owner under a regulated agreement, he shall be deemed to be under a
contractual duty to the creditor or owner to transmit the notice, or remit the payment,to him forthwith.
May I also remind you that you are required to supply the details I requested with in the time limit laid down in the CCA 1974, this being 12 +2 days (ie 23/08/09 allowing for weekends) from the receipt of my letter which you signed for and have dated with your stamp 05 aug 2009.
May I also remind you that if you fail to supply me with the documents I required ,30 days after this date (ie 23/08/09) you are commiting a offence under section s78.6b of the 1974 CCA
note that the Credit Services Association, in the first paragraph of its Code, state that members must act lawfully at all times. Furthermore, under the CPUTR 2008 failing to comply with a code of conduct to which you have subscribed is unfair trading.

In the circumstances, I will not enter into further correspondence with you, and any further unlawful demands or contact will be viewed as harassment and reported to the appropriate enforcement agency
　
　
I enclose my original letter dated 4/08/09 asking for the details along with the Postal order for £1.00 and a copy of the letter dated 06/08/09 which you sent me.



Do you think its OK

Minibits

Jesthar

Hi Minibits,

You at need to remove the bit in bold, as that ceased to be law in 2007. Thats what rog2 meant by leaving out the 30 day stuff.

As to the rest, other people around here arebetter experts than me, so I'll leave it to them!

~Jes

Minibits wrote: »

Hi

Thanks for your reply I have typed out this letter

Thank you for your letter Dated 06/08/09, I read with amusement the section in which you state
and I quote
　
As we are currently acting on behalf of the XXXX Bank in respect of recovering the outstanding debt on this account,we are unable to comply with your request. Such requests need to be addressed to the legal owners of the product, which in this case is the XXXX Bank
May I remind you of your duties under section 175 of the Credit Consumer Act 1974
of which I quote.
　
175. Where under this Act a person is deemed to receive a notice or payment as agent
of the creditor or owner under a regulated agreement, he shall be deemed to be under a
contractual duty to the creditor or owner to transmit the notice, or remit the payment,to him forthwith.
May I also remind you that you are required to supply the details I requested with in the time limit laid down in the CCA 1974, this being 12 +2 days (ie 23/08/09 allowing for weekends) from the receipt of my letter which you signed for and have dated with your stamp 05 aug 2009.
May I also remind you that if you fail to supply me with the documents I required ,30 days after this date (ie 23/08/09) you are commiting a offence under section s78.6b of the 1974 CCA
note that the Credit Services Association, in the first paragraph of its Code, state that members must act lawfully at all times. Furthermore, under the CPUTR 2008 failing to comply with a code of conduct to which you have subscribed is unfair trading.

In the circumstances, I will not enter into further correspondence with you, and any further unlawful demands or contact will be viewed as harassment and reported to the appropriate enforcement agency
　
　
I enclose my original letter dated 4/08/09 asking for the details along with the Postal order for £1.00 and a copy of the letter dated 06/08/09 which you sent me.



Do you think its OK

Minibits

Minibits_2

Hi


Thanks for that jesthar I have removed that part in bold, Hope to send it back to them tomorrow




Minibits

looktothefuture

AIC are shisters! I got the same letter back from them after I requested my CCA and haven't heard from them since I sent a very similiar letter as you are going to be sending!

Minibits_2

Hi All

Well, AIC have sent me exactly the same letter back again! ,(saying to contact OD direct) along with the letter I sent them ,only thing is this time they kept the £1 postal order,maybe they needed some money for the Tea fund. But I think I will sit back now and see what happens,I cancelled the direct debits I was paying to them ,so maybe when no money comes in on the 4th of the month they will get back to me, Hope they dont phone,as my Truecall will "zap" them. Well we will wait and see

Minibits

Jesthar

Oh, don't completely ignore them, minibits - when the 12+2 working days are up, send them this (again, recorded delivery, print your name):

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 ***** 2009 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 *****, 2009.

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 *****, 2009.

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

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 (****, 2009)

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,
<PRINT/TYPE NAME - DON'T SIGN>

Hopefully that will be the last you ever hear from them, unless they're particularly dense. Be warned, they may still (illegally) sell the account on to another, even less scrupulous DCA, but if they do there is another letter you can send them, and you also report the current mob to the OFT for illegal collection activity...

~Jes

Minibits_2

Hi All

I should have said That I had already issued an account in dispute letter which crossed with the returned letter they sent me,I think most of what you had said was included in it. I dont think they can sell it on as I still get credit card statements from the bank that issued the cards,so I do think AIC is acting as an agent for them, the address they gave me is for Natwest which was the owners of my bank at the time,although I think RBS now own my bank. Sorry for not making this clear in last post but I had just came of a 13 hour night shift,.
I issued the dispute letter after the 12 +2 days although I allowed them a further 4 days as I think the 12+2 are working days and the 4 extra would allow for the 2 weekends.
Thanks again ~Jes for the reply

Minibits

Minibits_2

Hi All

Got my usual statements from my old bank today stating they had not received payment for this month, So I phoned them at Southend on Sea and told them I had sent CCA letters , and an Account in Dispute letter to AIC when I got no responce to the CCA request. I told the girl I would be sending copies of all letters that passed between me and AIC, and that I would not deal with AIC again due to the harrasment from them, I also told her I would be reporting AIC to the regulatory authorities and also sending a SAR form to her, She said she would note it that I had been in touch and would await my letter. I will post it all off tomorrow and then wait and see

Torexxx