HELP - CCA advice please

fermi

If you get any hassle before the extra 30 days are up but after the 12 +2 and want to send something you could amend the letter to read:

Re: my request under s78 of the Consumer Credit Act 1974.

Thank you for your recent letter sent to me dated **DATE**, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated **DATE**. Upon receipt of the original request the specified account legally entered into disputed status.

My request remains outstanding. An application form does not constitute a true copy of a credit agreement and that which you sent doesn't even contain all the prescribed terms and is not 'properly executed'.

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until **12 days DATE** to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on **12 Days DATE** and will commit a criminal offence on **MONTH DATE** is the requested document is not supplied.

You therefore have until **30 days date** to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.


I would appreciate your due diligence in this matter.

I look forward to your reply.

Yours faithfully

But as weller711 said, unless you have good reason then let them dig their hole as deep as possible.

fiveyearplan

Thanks Fermi. The 12+2 is up next Monday.

fermi

We will see what happens.

They may go very quiet knowing that they haven't complied with the request, or they may press the point if they believe you have fallen for the "application form" ploy. Difficult to say.

rog2

Excellent, as always, advice from weller. The Application form does NOT constitute the consumer credit agreement that MBNA were legally obliged to send you. I doubt, personally, that they will have a proper cca, but you should wait until the 12+2 days have expired before sending ANY letters.
In the unlikely event that they issue a County Court Summons against you, then you must put, in the defence section of the summons, that you dispute the 'debt', that you have requested a true copy of the original signed cca, and that this has NOT been supplied within the time-scale legally allowed for by the Consumer Credit Act, 1974. I doubt very much that any court will issue an order alloing MBNA to 'enforce' the agreement.

fiveyearplan

Thanks Rog2. I hope OH doesn't get a County Court Summons but if he does I'll be back on here for more advice. This whole thing is making me nervous but worth it if we can ditch that debt.

rog2

fiveyearplan wrote: »

This whole thing is making me nervous.

No need to let a little thing like this make you nervous - after everything that you have gone through.

fiveyearplan

The Mighty MBNA doesn't seem little!

rog2

fiveyearplan wrote: »

The Mighty MBNA doesn't seem little!

Maybe not, fyp - but even they are not above the law.

fiveyearplan

That's true!:D

fiveyearplan

Apart from MBNA I also sent the 1st letter to Cahoot for a loan my husband has. They replied back today by just sending back the £1.00 postal order saying they don't charge for copies of CCA! That's all they sent, no hint of the CCA so I will wait until Monday when the 12+2 is up and send 2nd letter. This is actually one of the agreements I was sure would be sent to us but fingers crossed they haven't sent it so far.