Copy of signed credit agreement

Megatimbo

Hello rog2,interesting thread,i`ve paid over 1k in payments spread over 3 years to a dca who subsequently failed to produce my signed credit agreement under the 1974 consumer credit act time scale and are now in criminal breach.

How do you claim the monies already paid? couldnt it be argued that these were voluntary payments even though the debt claimed couldnt be proven
BTW there wasnt a ccj or anything nasty attached to the alledged debt but like most people was unaware of my rights at the time i started paying to the dca.

The case is now being investigated by trading standards and they have taken copies of my letters from the dca`s and the ones i have sent off to the dca`s as well.

Any help would be appreciated,also did weller get refunded for the alledged debts ?

Regards M

jonnyboy35

Thankyou all very much again for your replies.
After re-reading them,basically i have to play a waiting game now for 14+30 days...
My concern is that as i've told them i'm not paying anymore payments and asked for this so called agreement which they've told me over the telephone three times that they don't have,will they now rush through a final demand letter and put me in court for non payment as they know i have to wait 14 + 30 days before i can send them another letter telling them they are in default?Or am i best to pay them payments just to keep them at bay from taking me to court in the mean time?Or would i be contradicting myself?

rog2

jonnyboy35 wrote: »

My concern is that as i've told them i'm not paying anymore payments and asked for this so called agreement which they've told me over the telephone three times that they don't have,will they now rush through a final demand letter and put me in court for non payment as they know i have to wait 14 + 30 days before i can send them another letter telling them they are in default?Or am i best to pay them payments just to keep them at bay from taking me to court in the mean time?Or would i be contradicting myself?

Best to keep waiting, jb. In the UNLIKELY event that they 'rush through' a County Court Summons, simply state to the court that you have requested a copy of the original cca and BCW have been unable to supply it.
The agreement is already unenforceable, without a court order.
The additional 30 days simply serves o prove that BCW have committed a criminal offence.

moonlightpjs

They cannot take it to court whilst the account is in dispute

moonlightpjs

Letter you can send after the 12+2 days but before the next 30 day deadline

HTH x

DEFAULT UNDER THE CONSUMER CREDIT ACT 1974
FAILURE TO PRODUCE AGREEMENT

Dear Sir/Madam

ACCOUNT NUMBER: *******************

I wrote to you by Special Delivery/Recorded Delivery ( Ref ******) on ***** 2007 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a 1.00 postal order as the fee payable. This letter was delivered and signed for on *****, 2007.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on *****, 2007. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on ********** 2007 this time limit will have expired.

I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to same. As such, this account has become unenforceable by law. As you are no doubt aware subsection (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.

As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.

Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (****, 2007)


Data Protection Act (Data Protection Act 199

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

Yours faithfully,

rog2

weller711 wrote: »

They cannot take it to court whilst the account is in dispute

Hi weller - I'm glad you found this thread - I was just about to pm you. :T :T

moonlightpjs

Hi Rog
As you know, I'm not on the board much due to our personal circumstances but tell anybody that needs helps regarding these matters to PM me if I am not about as then it will come through to my e-mails and I can reply and help if i can.

Take care xxx and thanks for recommending me :beer: I love sorting these lovely DCA's out :rotfl:

jonnyboy35

Thanks everyone for clearing that up.
I was just worried that they'd take me to court before i had chance to send the above letter to them,as they told me i was going to court after one more warning letter for non payment.
They really are bullies in every sense of the word.
I sent the first letter off a week ago,so i'll get this one off in the post next friday,via recorded delivery.
So basically,as i have put it in writing that i despute the claim,they can't take it to court anyway at the moment.

Larumbelle

Weller, that is an absolutely kicka** letter. I wish I'd had it when when OH was going through similar.

moonlightpjs

jonnyboy35 wrote: »

Thanks everyone for clearing that up.
I was just worried that they'd take me to court before i had chance to send the above letter to them,as they told me i was going to court after one more warning letter for non payment.
They really are bullies in every sense of the word.
I sent the first letter off a week ago,so i'll get this one off in the post next friday,via recorded delivery.
So basically,as i have put it in writing that i despute the claim,they can't take it to court anyway at the moment.

No they can't, if they were at all anyway :rolleyes: Basically from the day they signed for your letter, the account is dispute and until they provide the "alleged" CCA they cannot do a thing no matter how much they threaten so don't worry. Keep all correspondance you may get from them as this will help you when you report them .

If and its a big if (and not very likely at all) they applied to the court, you have a form to complete to respond to their claim and the fact that they haven't got a CCA and the account is in dispute is your total defence but we will cross that bridge IF and when we come to it (which I dont think would happen - I'm not a gambling sort of person but I'd put a big bet on that they wont take it to court )