***Sat/Sun 19/20 December weekend chat - 6 more sleeps to go!

pepe2008

babyln123 wrote: »

I recieved a letter yesterday saying that they are trying to get a copy of the documents and this can take up to 30days

Hello babyln. Ignore the Christmas post delays, thats their problem not yours.

Telling you that it could take 30 days is just stalling. They will send you that letter over and over again.

When the 12+2 is up ( thats 2 days to get the Agreement and 2 days of postage btw) send them the Default Letter

DEFAULT UNDER THE CONSUMER CREDIT ACT 1974
FAILURE TO PRODUCE AGREEMENT

Dear Sir/Madam

ACCOUNT NUMBER: *******************

I wrote to you by Special Delivery/Recorded Delivery ( Ref ******) on ..(date).. 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 ...(date).

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 ..(date)... .

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; and
(b) If the default continues for one month he commits an offence.

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 (date).


Data Protection Act (Data Protection Act 199

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,

I hope that makes it clear babyln. Dont put up with any firther threats etc until they have provided the Agreement.

Shoe_Gal

schoolrunmum wrote: »

Still have my tarty red nails though.....

Everything in life is better with nice nails I have 'rouge noir' almost black at the moment - and I love them :rolleyes:

pepe2008

babyln123 wrote: »

does that mean that i cant send them the 30 day letter which i have been told follws the original letter? Im so confused

the 30 day letter was there because, if they did not provide the CCA within 30 days, they would commit an Offence. that is no longer the case.

Please remember babyln that not having a CCA does not make the deb disappear.....it just makes it unenforceable. If it remains that way for 6 years it will become Statute Barred.

babyln123

pepe2008 wrote: »

the 30 day letter was there because, if they did not provide the CCA within 30 days, they would commit an Offence. that is no longer the case.

Please remember babyln that not having a CCA does not make the deb disappear.....it just makes it unenforceable. If it remains that way for 6 years it will become Statute Barred.

so if i send them the letter you gave me, are they most likley to remove my data from their system and if they do then they will not have anything to refer to, is that correct.

pepe2008

babyln123 wrote: »

so if i send them the letter you gave me, are they most likley to remove my data from their system and if they do then they will not have anything to refer to, is that correct.

No, they'll keep all the details of the debt, but they cant pass those details or the debt to anyone else until they come up with the CCA.

Burlesque_Babe

it's a good job I know I can't be pregnant.

My use it up lunch of double gloucester on toast with a splash of piri piri sauce .....with stuffing on the side :eek: ......would probably raise some eyebrows and get a bit of nudging and winking going on with 'bet it's a craving' being murmured!!! :rotfl:

pepe2008

Burlesque_Babe wrote: »

it's a good job I know I can't be pregnant.

My use it up lunch of double gloucester on toast with a splash of piri piri sauce .....with stuffing on the side :eek: ......would probably raise some eyebrows and get a bit of nudging and winking going on with 'bet it's a craving' being murmured!!! :rotfl:

Was that stuffing with, or after, lunch?:D;)

Burlesque_Babe

pepe2008 wrote: »

Was that stuffing with, or after, lunch?:D;)

oh definitely with......I like to experiment........;):D

Burlesque_Babe

Pappppppppppppppppppppppp!! Quick!!!!

http://www.johnlewis.com/230631127/Product.aspx

bookseller1980

Hope she sees it.
It's very quiet - you'd think it was nearly Christmas!