Asking DCA for Credit Agreement

sung88

I have a debt of £1243 with Santander this has been sold to a DCA, I have received letters saying to pay within 10 days or it will be referred to their solicitors.

About three weeks ago I sent a letter (foolishly without getting a proof of postage) asking for a copy of the credit agreement but so far they have only sent further threats to refer my debt to their solicitors.

Does anybody have a link to a template of a letter that I can send in order for them to release this information.

Thrugelmir

Do you actually have no knowledge of the debt?

rizla_king

Was that a request under the consumer credit act and paying £1?

sung88

rizla_king wrote: »

Was that a request under the consumer credit act and paying £1?

I sent a request to them on 26th January by first class post and they have not responded.

I have just posted a letter Recorded delivery.

Gordon_Hose

Did you enclose a £1 potal order?

sung88

Gordon_Hose wrote: »

Did you enclose a £1 potal order?

Yes, I sent a postal order.

rizla_king

Ref:

Dear Sir/Madam

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 **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such you entered into default on **DATE**.

The document that you are obliged to send me is a true copy of the executed agreement. 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 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into default of said request.

This time limit has expired.

As you are no doubt aware sections 77/78 state:

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.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter.

I look forward to hearing from you in writing.

Yours faithfully

sung88

rizla_king wrote: »

Ref:

Dear Sir/Madam

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 **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such you entered into default on **DATE**.

The document that you are obliged to send me is a true copy of the executed agreement. 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 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into default of said request.

This time limit has expired.

As you are no doubt aware sections 77/78 state:

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.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter.

I look forward to hearing from you in writing.

Yours faithfully

Thankyou for sending this to me and hopefully however I hope I get to send it. Unfortunately I only knew about the template letter and didn't know I had to send it signed or recorded delivery.

The letter I sent in January was first class, this is recorded delivery.

rizla_king

Just leave that bit out then. 99% certain they got it anyway.

sung88

I would do that but would worry if they asked for evidence it was signed for.

rizla_king

If you are that concerned then send the 1st one again. Up to you.