1st Credit response to CCA request

BASSETT

I requested CCA from 1st Credit who are dealing with my Marbles credit card. Didn`t receive anything from them so sent them the CCA Dispute Letter. Yesterday I received a reply that states at the top "Final Response".
I`m unable to scan and upload so I`ll just quote a few sentences and see what you make of it.

"We have requested the copy agreement from the original creditor, this will forwarded on to you as soon as it is received."

"We recognise that the copy agreement has not been supplied within the specified time, however you should note this is no longer a criminal offence"

"The debt remains due and payable, although currently unenforceable. Once the copy agreement has been supplied we will resume request for payment"

"The statement of account....£1322.03 outstanding" I paid £1 for this!

"Please enlighten us as to what your specific dispute is which necessitates your request for a copy agreement"


There is more but it`s too much to post. They also quote the recent case of McGuffick v Royal Bank of Scotland.

fermi

They are not entitled to obtain a judgement in court until they have complied with the request.

Basically that is all it is saying.

s78 requires the to provide info on the "state of the account", not statements. Normally on a defaulted account just the fact that it is defaulted and the amount now payable.

pepe2008

BASSET, they string you along with that letter in the hope that, in the meantime, you will keep paying the 'debt' just in case there IS a valid CCA.

This is why I have a Complaint against them with the Financial Ombudsman.

Until they provide the CCA....they cannot take ANY enforcement action.

( I would advise CCA request TO Marbles after a few weeks too.)

fermi

BASSETT wrote: »

They also quote the recent case of McGuffick v Royal Bank of Scotland.

That is a recent High Court case where it was ruled that while in default of a CCA request, certain thing did not count as ENFORCEMENT.

Such as:

- Reporting a default to the credit reference agencies.
- Making demands for payments.
- Beggining court proceedings (although they would most likely fail).