Egg not replied to my CCA request, what do I do now?

milkwood

I sent a letter and a £1 cheque to egg asking for the following:

After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against my name.
Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.
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 fee for this.
2. You must supply me with a signed true and certified copy of the original default notice
3. Any deed of assignment if the debt was sold on
I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

28 Days has long past and they have not replied however the cheque has been cashed.

I have now sent the following letter today:

FORMAL NOTICE - ACCOUNT IN DISPUTE.

Date:15/12/09

Ref:

Dear Sir/Madam

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 11/11/2009 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. The £1 cheque was cashed.

You have failed to comply with my request, and as such the account entered default on 15/12/09

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 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.

This limit has expired. In fact I gave you 28 days and you still have not met the deadline.

As you are no doubt aware sections 77/78 state:

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 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.

You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

Consequentially 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 21 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 14 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 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

I just dont know where to go from here, if they dont reply to this one what do I do?

Any help appreciated

Joe_Bloggs

My guess is that they are waiting for the other £9 as you stated:-

I sent a letter and a £1 cheque to egg asking for the following:

I thought subject access requests were given a nominal cost of £10.
J_B.

milkwood

Joe_Bloggs wrote: »

My guess is that they are waiting for the other £9 as you stated:-

I thought subject access requests were given a nominal cost of £10.
J_B.

The template was from this website, I've read a few posts saying its a maximum of £1?

Joe_Bloggs

I now understand that fee is to receive a copy of your credit agreement. I mistook the original post to be a data subject access request. My sincere apologies.
J_B.

Ansu

What exactly are you asking of them?

Rather than send templates from the internet, you'd have better luck if you just called them and asked them for what it is you want.

After skimming your letters it seems you're asking for 1 of 3 things;

1) proof the default notice was sent; they should be able to provide you with this date over the telephone, if you want proof they should be able to send you some form of evidence such as a screendump of their system showing the letter being generated.

2) a true copy of your credit agreement, Egg store this online so you can view it through your internet banking

3) a signed copy of your agreement, you have requested this under s78 but s78 makes no reference to a signed agreement,



There's a lot of templated jargon in there, it would be much easier for both you and them if you just made it clear (in your own words) what you were looking for, if you're not certain what it is your looking for, explain to them what/why you need it and I'm sure they'll be able to provide you with what you need.

Good luck