Template letter Consumer Credit Act

bratz_2

Hi everyone

I wonder if someone would be good enough to post the template letter which I send to request a copy of a Credit Agreement?

My OH cancelled his car insurance with the AA before it's renewal date back in June but today has received a letter saying he is in breach of the terms and conditions of his instalment agreement and his account is in arrears to the value of £23.92 and have served him with a default notice They deny he cancelled his insurance but he got rid of his car and no longer needed the insurance. I know they don't have a copy of a signed credit agreement as we still have both copies!:p

Your help is much appreciated. Thanks.

Crown

Letter 1:

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

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 £1 in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

4. I would also like to point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by 6th February 2006, I will have no hesitation in passing your details to the Office of Fair Trading.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Regarding your threat that a Doorstep Collector will call the owner of this property is denying you or anybody working on your behalf access onto their estate or grounds in relation to this disputed debt, should you or any agent acting for you attempt to gain access to the estate or its grounds, then you will be ignoring your denial of access and the owner of "insert your address", will take legal steps to sue both you and or your agents for trespass, please also note that having a letterbox on the property gives you or anyone working on your behalf neither implied nor expressed rights to enter the properties boundaries, again any instances of trespass WILL lead the property owner to sue both yourselves or any agents working on your behalf

Crown

Letter 2:

I refer to my letter dated {enter date} which was delivered via Recorded Delivery to your offices on {enter delivery date}.

You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

In my letter of the {enter date} I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time {debt agency name} purchased this account, along with any other documents mentioned in the credit agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on {enter date} and {enter date} respectively.

As you are no doubt aware, Section 78(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.

Therefore on {enter offence date} this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, i do not acknowledge any debt to {debt agency name}.

I require the following action from {debt agency name} :

1. All payments made to date to {debt agency name} for this account should be refunded in full, including interest at the rate of 8% per annum.

2. Removal of all defaults entered by {debt agency name}. Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force {debt agency name} or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

I look forward to your reply within 14 days to resolve the matter amicably.

Crown

Im not 100% sure what happens with insurance? I didnt know you could receive default notices. I thought the policy would just slip?

Hope you get it sorted. let us know how you get on

upagainstit

Hello , I am wanting to find out if any of my c/c's fail to meet the criteria of the 1974 act. Can anyone help me by letting me know the various ways that my agreement may be unenforcable .As I understand it there are 9 different situations that can allow me to claim that the credit card debt is unenforcable. Also can anyone help me design a letter to send the companies once i have paid my pound and got whatever they send....I am planning just to send a letter off to them cliaming unenforcability and let them decide if they agree....what do you think ?

thanks Upagainstit

marmarama

upagainstit,
AFAIK, the biggie in writing off CCA agreements was the requirement for the other side to provide the signed credit agreement in beginning court proceedings.
CCA 1974, s.77/s.78 seems to require them to provide the agreement, but only the terms of it, not necessarily a set that you've signed.

However, once court proceedings begin, some folks made an application under court rules (CPR 31.16) for disclosure. These rules, broadly, state that either side must, if required, disclose and produce any documents which may help the other side's case.
The idea is that a credit agreement that's not signed would help your case, as it wouldn't be enforceable.

Unfortunately, in Kneale v Barclays in July 2010, the High Court ruled that Mr. Kneale's CPR 31.16 application was speculative, which rules state that it must not be.

In your case, and if this is the line you're going for, such applications would, in reality, be speculative. ie, you don't know if they've a signed agreement or not, you hope they haven't.

But such applications are not barred. It just means that you have to have a reason to suspect that there was no signed agreement. I myself am very suspicious about signing anything, though I often click on 'agree' on webpages without really thinking. I have one credit card that came from a (high street-type) bank. I don't remember ever asking them for it. Perhaps they tricked me into agreeing to it when I was on the phone to them one day, or checking on my bank account in a branch, having been positively identified by them.

You don't need a strong suspicion that there exists no enforceable agreement, just a 'prima facie' case of the kind I mentioned above.


Anyway, all this only matters at the point when court proceedings have been started against you. You may be lucky (or unlucky?) and persuade them to send you your signed agreement under the CCA, so you'll know whether to give it a (not at all speculative, of course) whirl in court.

abergreg

Crown wrote: »

Letter 1:

Hello, I have been told that this has been repealed/superceded by the consumer credit act 2006, I have a case pending, could you please clarify.