A little advice please

AMBERSHADOW

I have sent 3 cca second letters and all with no replies what so ever even the first cca request.. Both letter's on both occasions have been signed for so they are delivered

What do I do now please ? Is there something else I have to do?

Tixy

Hi amber

have you sent letter 3 from this post - http://forums.moneysavingexpert.com/showpost.html?p=24040085&postcount=1 headed up Reminder to CCA Letter?

As per that letter have you ceased payments yet? (does the account already have a default on it?)

AMBERSHADOW

When do I send that one please?

I have sent request then second letter putting the accounts in Default


They are all defaulted as they have been passed on to dca's I suppose

captainhaggis

Hi Amber

You're getting a little befuddled.

There are two defaults involved here :

a) the one the creditor issues against YOU. This shows on your credit file and is a pretty big deal. As such, you should have been sent a default notice. The first thing you should do is check your credit report to see for sure whether you've been defaulted. You're right that you probably have been if the debts have been passed to DCAs. If when you check your file you DO have defaults but you don't remember seeing notification of the fact, send this :

Request for proof of Default

Dear Sirs,

Account No:

After recently obtaining a copy of my Credit File from the Credit Reference Agencies, I am concerned to note that your company has placed a "Default" notice against an alleged account I held with you.

Further to this, I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit. Your obligation also extends to providing a statement of account. I enclose a £1 cheque to cover the statutory fee.

2. Please also supply me with a signed, true certified copy of the original default notice.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

I would request that this data is provided to me within the next 14 days. If you are unable to provide this data then I require all adverse information to be removed completely, including any defaults that may have been applied. Please note that mere correction or amendment to the entry will not be acceptable.

Yours faithfully




Sign digitally

b) there is the default that refers to the creditor's lack of compliance with the Consumer Credit Act and your right to ask for CCAs to be sent to you. When the creditor has defaulted it basically means that they've failed compliance and, as such, you can cease payments until such time as they DO comply.

IF, however, you haven't defaulted (point a above) yet and you do cease payments because of point b above, you almost certainly will be defaulted now.

IF you've sent the creditor the letter offering them 14 days to respond (12+2) then followed that with the 30-day reminder letter and still had nothing back, send this :

Account in Dispute - Section 10 Notice

Dear Sirs,

Account No: XXXXXXXX

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 the Consumer Credit Act 1974 (s.78). 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 contains the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in s.61(1) of the CCA(1974) 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 should be 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 s.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 & 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 s.10 of the Data Protection Act (1998) 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

Keep us up to date.

Cheers

never-in-doubt

keep nicking my letters eh? I'll tan your ar'se young man!

AMBERSHADOW

Thank you very much

Tixy

never-in-doubt wrote: »

keep nicking my letters eh? I'll tan your ar'se young man!

Don't talk to the cap'n like that n-i-d - he'll make you walk the plank:rotfl::rotfl:

never-in-doubt

Tixy wrote: »

Don't talk to the cap'n like that n-i-d - he'll make you walk the plank:rotfl::rotfl:

Och eye the noo hen :eek:

esprimo66

could i please ask your advice i have a county court letter to which i have to reply to in 14 days regarding a loan which was taken out in 2003 (which iam sure i got the loan over the telephone so could be unforceable) i have requested the cca and a statement with the £1 which is required but they say as they have sent me a statement they dont have to provide an original agreement and have not recieved this from the original creditor what can i do i have a form to fill in from court and dont no were to start please help

RAS

Hi

Please keep to you own thread as you are diluting the help.

never-in-doubt

esprimo66 wrote: »

could i please ask your advice i have a county court letter to which i have to reply to in 14 days regarding a loan which was taken out in 2003 (which iam sure i got the loan over the telephone so could be unforceable) i have requested the cca and a statement with the £1 which is required but they say as they have sent me a statement they dont have to provide an original agreement and have not recieved this from the original creditor what can i do i have a form to fill in from court and dont no were to start please help

Click here: Debt-Free Wannabe

Then click new thread and post a lot more info so we can help you best we can