Ok its been 12 + 2 days!

Matthew402007

Hey guys

Ok, I sent the CCA requests 14 days ago, and none have replied with a CCA.

I really am not so sure on what I do next exactly, The debts are small, but im trying to remove the entry on my file, because of defaults, so, do I leave it for the next 30 calendar days until they commit an offense?

Or do I need to write to them again now?

Below this message, I will show you what I sent them 14 days ago.

Thanks

Matt







WHAT I SENT THEM 14 DAYS AGO:



12th July 2007


I do NOT acknowledge ANY debt to your company. I require you to supply the following documentation.

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.

Non-compliance with my request within the strict time frame of 12 business days plus a further 30 days 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, I will instantly report you to the Office of Fair Trading and the police. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, the CSA, the FOS and my local MP.

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 defense to any court claim that is issued. It is also illegal to chase a debt without a true signed copy of the CCA; it is also illegal to sell a debt on without a true signed copy of the CCA.

As you are also aware, without a true signed copy of the CCA, it is illegal to process my data, or keep any data about myself; it is also illegal to have a credit file entry without a CCA.

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

This letter was copied for personal reference and sent recorded delivery on the 12th of July 2007.

OliveOyl_2

Bumpety bump (posts at that hour in the morning sometimes gets overlooked)

lemma1968

Its 12+2 WORKING days.

if they have not responded at all then you can withold payment until they come up with an agreement that complies with the Consumer Credit Act.

Requesting the CCA puts the account in dispute so they cannot chase you for the debt either, orr sell it on to a third party.

they will then have another 30 days (not working ones) to comply or they will have committed a summary criminal offence and you canreport them to Trading Standards, OFT etc.
Once they do come up with it, even if its outside the time limit the debt does become enforceable again.

If they don't then it pits you in strong position to negotiate etc.

If in doubt, read the forum on :
https://www.consumeractiongroup.com

Its a great partner to have along with MSE.

Hope that helps

L.

Matthew402007

Hey guys

I finally found this thread! (is there an easy way to find your thread?)

Ok, so im still unsure on what to do now, I have stopped payments.

I know they can enforce the debt if they have a CCA or if they find it.

I have not written to them again yet, shall I wait until the 30 calendar days are up? Which will be the 24th of next month.

They cant have my information without a CCA, so do I then report the companies to the credit reference agencies?

Thanks!

Matthew

flower_72

Hi Matthew,

I can't give you any advice on the CCA.
But re "an easy way to find your thread":
display the thread you are interested in,
go to the top and click on "thread tool" select "suscribe to this thread" and follow the prompts.
Next time you come on mse, go to User CP where all the threads you suscribed to are displayed.
You can also modify your settings so that any thread you start is automatically saved as a "susbscribed to " thread.

Hope someone comes along with the info you need for your problem.

Matthew402007

Thanks, I subscribed!

Can anyone give me any advice on my next move with the companies?

Thanks

Matthew402007

guys?
..........

nickelodeon

bump!
sorry I don't know anything about this to help you, but I thought I'd bump this up the thread in the hope that someone else notices it and can help!

RAS

Here is crowns offering to be sent when the 12+2+30 days is up.

Personally I would not remind them in the mean-time but wham this off as soon as the deadline is passed.

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.

uncle_pablo

Hope you dont minf if I bump this one - any news??????