It's getting worse - How do i get a Credit Agreement

debtman2007

Will take a look at this saynoto0870 site. Amazing what you discover on this site

debtman2007

Hi all,

As yet nothing back from HFC Bank but they do have until Friday. Is this the next letter i need to send??

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,

Also i will send this registered post again but do i need to include another £1 postal order??

Your help, as always, is appreciated.

rog2

That's the one, dm. No need to send any further payment, but send it recorded and keep a copy.

debtman2007

Will do (providing i dont hear anything before Friday).
They told me over the phone they have no agreements going back that far so really i just need it in writing.

Thanks again.

debtman2007

Ok almost ready to draft the next letter but dont want to tempt fate just yet .

One further question though - If they have taken payments from me and they can not provide a CCA can i claim the money back and how would i go about doing this??

M

debtman2007

Actually it looks as though you have to allow 12 'working days' which doesn't expire until next Tuesday.

debtman2007

Ok too soon.

There was a letter delivered to my sisters today that had to be signed for. She wasn't in so it went to the local depot which means i cant get to it until Saturday.

Does this sound like they have found the CCA??

debtman2007

anyone?? please

debtman2007

There was a letter delivered to my sisters today that had to be signed for. She wasn't in so it went to the local depot which means i cant get to it until Saturday.

Does this sound like they have found the CCA??

tealady

Don't worry it could be anything. Some companies do try it on. Don't contact them until you have read the letter AND posted it on here for us to read (not being nosey just it may help you)