1st Credit

Charliebrown

Hi All,

Firstly I apologise for the length of this thread, but could someone help me, I have been contacted by this company saying that I owed £2455.39, I first sent a CCA request, in July 2009, I had another letter in Oct 09 showing a statement of account, with what they described as a great offer. Which was a vastly reduced amount £613.85. As I had not received a copy of the Credit Agreement as requested in my CCA request I sent a reply (account in dispute) as follows.
[FONT=&quot]
[/FONT]
[FONT=&quot]"I do not acknowledge ANY debt to your company[/FONT][FONT=&quot]. [/FONT]
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 31/07/2009 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference. This was signed for as delivered on the 03/08/2009

You have failed to comply with my request, and as such the account entered default on 18/08/2009.

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 (+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 section 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 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 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


I had a reply 29th Oct 2009 Final Responce, which stated.
[FONT=&quot]
[/FONT]
[FONT=&quot]"Further to the above and your letter of the 23rd October 2009, I am disappointed to read that you felt you had cause to complain. A copy of our complaints procedure has been sent under separate cover.
[/FONT]
[FONT=&quot]Lloyds TSB has informed us that they are unable to provide a copy of the agreement and we are fully aware that we cannot enforce a debt until your request in accordance with the Consumer Credit Act 1974 has been adhered to. Although currently unenforceable, we consider the debt remains due and payable.
[/FONT]
[FONT=&quot]We are not obliged to provide you under the Consumer Credit Act 1974 with a full statement of account detailing all debts and credits, however, please find below statement of account as required by the act.
[/FONT]
[FONT=&quot](a) the state of the account...current outstanding balance of £2455.39.
(b) the amount, if any, currently payable under the agreement by the debtor to the creditor.... £2455.39.
(c) the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor....£2455.39
[/FONT]
[FONT=&quot]You have not specified upon which ground you rely for your notice under s10 of the Data Protection Act and therefore we do not consider this valid: furthermore this is not a valid request as it falls under the exemption in Schedule 2 section 2(a) of the act.
[/FONT]
[FONT=&quot]Our aim is to resolve all complaints internally. However, in the event you remain dissatisfied with our response, you may refer the matter to the Financial Ombudsman Service within 6 months of the date of this letter. A copy of their leaflet is enclosed. We hope that we can resolve matters for you before you take this step."[/FONT]

I have not responded, to this letter, and as it will be six months on the 29th April 2010, I wondered what would be the best way forward. Any advice would be greatly appreciated,

Regards
Charliebrown :beer:

Goodtimesahead

Charliebrown wrote: »

Hi All,

Firstly I apologise for the length of this thread, but could someone help me, I have been contacted by this company saying that I owed £2455.39, I first sent a CCA request, in July 2009, I had another letter in Oct 09 showing a statement of account, with what they described as a great offer. Which was a vastly reduced amount £613.85. As I had not received a copy of the Credit Agreement as requested in my CCA request I sent a reply (account in dispute) as follows.
[FONT=&quot]
[/FONT]
[FONT=&quot]"I do not acknowledge ANY debt to your company[/FONT][FONT=&quot]. [/FONT]
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 31/07/2009 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference. This was signed for as delivered on the 03/08/2009

You have failed to comply with my request, and as such the account entered default on 18/08/2009.

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 (+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 section 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 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 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


I had a reply 29th Oct 2009 Final Responce, which stated.
[FONT=&quot]
[/FONT]
[FONT=&quot]"Further to the above and your letter of the 23rd October 2009, I am disappointed to read that you felt you had cause to complain. A copy of our complaints procedure has been sent under separate cover.
[/FONT]
[FONT=&quot]Lloyds TSB has informed us that they are unable to provide a copy of the agreement and we are fully aware that we cannot enforce a debt until your request in accordance with the Consumer Credit Act 1974 has been adhered to. Although currently unenforceable, we consider the debt remains due and payable.
[/FONT]
[FONT=&quot]We are not obliged to provide you under the Consumer Credit Act 1974 with a full statement of account detailing all debts and credits, however, please find below statement of account as required by the act.
[/FONT]
[FONT=&quot](a) the state of the account...current outstanding balance of £2455.39.
(b) the amount, if any, currently payable under the agreement by the debtor to the creditor.... £2455.39.
(c) the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor....£2455.39
[/FONT]
[FONT=&quot]You have not specified upon which ground you rely for your notice under s10 of the Data Protection Act and therefore we do not consider this valid: furthermore this is not a valid request as it falls under the exemption in Schedule 2 section 2(a) of the act.
[/FONT]
[FONT=&quot]Our aim is to resolve all complaints internally. However, in the event you remain dissatisfied with our response, you may refer the matter to the Financial Ombudsman Service within 6 months of the date of this letter. A copy of their leaflet is enclosed. We hope that we can resolve matters for you before you take this step."[/FONT]

I have not responded, to this letter, and as it will be six months on the 29th April 2010, I wondered what would be the best way forward. Any advice would be greatly appreciated,

Regards
Charliebrown :beer:

I think they have given you their answer, the debt is unenforceable:beer::j You can either do nothing and live with whatever onerous data ie a default for this sum is showing on your credit file for 6yrs or negotiate a full & final settlement but only if they confirm in writing they agree to remove the default and mark the file as satisfied and default balance to "0" etc as they cannot enforce the debt you wouldn't want to offer them much say 20% in the £ All depends on what's more important for you.

PNPSUKNET

need to make you aware although they cant chase the debt via the courts, they can still report it to cras

stebiz

Goodtimesahead wrote: »

I think they have given you their answer, the debt is unenforceable:beer::j You can either do nothing and live with whatever onerous data ie a default for this sum is showing on your credit file for 6yrs or negotiate a full & final settlement but only if they confirm in writing they agree to remove the default and mark the file as satisfied and default balance to "0" etc as they cannot enforce the debt you wouldn't want to offer them much say 20% in the £ All depends on what's more important for you.

PNPSUKNET wrote: »

need to make you aware although they cant chase the debt via the courts, they can still report it to cras

Good advice I reckon. If you have a bad credit history you really have nothing to gain by paying it off, if it is unenforceable. However if it is squeaky clean, it may well be in your interest - subject to them agreeing to remove any bad information.