Help for a newby (trying to obtain copy of default notice served)

stevenp339

Hi
First of all im sorry if i have posted this in the wrong section but im sure this will be moved if so.

I reciently obtained copy of my credit file and noted 2 defaults on there entered by 2 differennt companies.

I wrote to both companies and asked them for
". 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 sent the £1.00 postal order off as required.

I then recieved a letter from both companies (one return my po the other didnt saying)

" in accordance with the Consumer Credit Act 1974"
Subszection 1 (1) of section 77 states "the Creditor under the regulated agreement for fixed-sumn Credit, Withing The prescribed period After receieving a request in writing to that affect from the debtor and payment fee of £1.00 shall give the debtor a copy of the executed Agreement (if any) and of any other documentation referred to in it...."

Subsection (3) of section 77 States "subsection (1) Does not apply to- (a) an Agreement under which no sum is or will or may become payable by the debtor...."

As your account shows a Zero balance and we can confirm that there are no sums outstanding we do not have an obligation to send documents under the Consumer Credit Act 1974



if this correct?

Surely i am entitiled to see the agreement i an refering to?

Or is it a case of i cant see this info anymore.

Thanks very much for taking the time to read this any help would be greatly appreciated.

Steve

chanz4

if its a closed account, its difficult, subject access is the only way.

amorge

sorry to be ignorant but what's subject access?

Tixy

A subject access request under the data protection act - costs £10 and allows you to have a copy of everything they have on file regarding your account.

amorge

Thanks, I take it I send them £10 cheque and ask for a subject access?

izools

No, you need to be specific, just as you were with the Consumer Credit Act request above.

Here's a template from the Information Commissioners Office:

http://www.ico.gov.uk/upload/documents/youth/template_sar_letter.doc

There's some extra-awesome help here:

http://forums.moneysavingexpert.com/showthread.php?t=1868507