Sent CCA, nothing arrived, what now? UPDATE 17/9

britbabe1979

Well, I sent my CCA request letter on 20th Auguest, so today the 12+2 days have passed.... can I send them a letter saying that as they have not answered my request that the debt is no unenforceable?

I was thinking something like

Ref 1234567

Dear Sirs

Further to my letter dated 20/8/07, of which I enclose a copy, I note that you have failed to supply me with a true signed copy of my credit agreement. Therefore under the Consumer Credit Act 1974 this debt has become unenforceable and any correspondence relating to this matter recieved either by mail or telephone will be ignored.

Yours faithfully.....

Thanks in advance

Sheryl xx

RAS

Hi

They are in default now, but you need to wait another 30 days before you tell them to go away.

britbabe1979

So I have to sit tight for another 30 days? What if they contact me again within this time? Should I tell them I am waiting for my signed CCA and until I get that I will not discuss the matter further?

Thanks

Sheryl xx

RAS

britbabe1979 wrote: »

What if they contact me again within this time? Should I tell them I am waiting for my signed CCA and until I get that I will not discuss the matter further?

Absolutely, no CCA, no payments. Do ou really want to pay money to someone to whom you may not even owe it?

Crown

Here is a copy of the 2nd template letter that Weller originally posted up for me when I started out. You should edit for your own circumstances but it seems to have had the result of no more hassles for quite a few people on here.

---

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.

britbabe1979

Well today I got a Final Settement letter from JB Debt Recovery offering 80% settlement figure!! :rotfl:

So I have sent them this letter:

Dear Sirs,
I do not acknowledge any debt to your company.
Further to your letter dated 12 September 2007, I wish to remind you that following my letter dated 20th August 2007 , which was received by you on 22nd August 2007, I have yet to receive a copy of my true, signed credit agreement. I have enclosed a copy of this original letter.
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.

As I am sure you are aware under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of my credit agreement on request and that that request should be supplied with 12 working days, if this is not carried out within this time your company enter into a default situation. This date passed on 7th September 2007. Under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.
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, if you are still unable to provide the correct documents a further 30 days after this date (7th October 2007) and continue to persue me for this debt, you will be committing an offence and I will not hesitate to contact the Office of Fair Trading with regards to this matter.
Yours faithfully


Is that all ok? I will send it registered post again.

Seems to me like they know they havent got the CCA and they are clutching at straws! They phoned me a little while ago and I told them that I was waiting for my CCA and wouldnt discuss the matter but the guy on the phone said it was on its way, that was about 3 weeks ago!!

Love Sheryl xxxx

rog2

Even if JB were able to supply you with a copy of the original cca within the 30 day period, they would be unable to enforce it without a court order, now that the original 12 working days have passed.
JB KNOW this and the offer of an '80% Settlement Offer' is a feeble attempt at directing your defence away from the cca.
Send your letter - I doubt VERY MUCH that JB will be able to provide a true copy of the original signed cca - ignore any further attempts to put you off track.