HELP - CCA advice please

moonlightpjs

Hello yourself

Send the letter below, after the 12+2+30 days, you could always amend if they havent actually passed the 12+2+30 days ITMS


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 subsequently committed a criminal offence on **MONTH DATE**.

Therefore you have 7 days from receiving this letter 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

moonlightpjs

Or try this one now if you willing /wanting to take legal action (ie report them) amend if necc

I have sent this letter to MBNA, had no response and have now reported them to TS and the OFT

Dear…..

Thank you for your letter dated

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

I am of the opinion that the copy of the agreement does not comply with the conditions set out by the Consumer Credit Act 1974 s.61.(1) which states that an agreement must contain certain prescribed terms, the Consumer Credit Act ( Agreements) Regulations 1983 s.6 sets out how these terms should be contained with in one single document and if not, is not enforceable by the court Consumer credit Act 1974 s.127(3) , recent case law Wilson V Hurstanger Neutral Citation Number: [2007] EWCA Civ 299.

Furthermore, please note that I am only prepared to communicate with you in writing. Should it be your intention as you have warned to arrange a “doorstep call”, please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Please therefore take note that, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone from a doorstop collection service company to visit me and should it be necessary, I will seek an injunction.'

chimp_choker

do the bump...... any update on this one??

NekoZombie

kevster1009 wrote: »

I had what Equidebt (MBNA) called a CCA in the post today. It was either photocopied or scanned as it has loads of "BLACK" space on it. The actual agreement bit is about 4cm in height. A scrawled Credit limit written on with no actual place for it and it doesnt say it is a credit limit, i just assume it is.

Their signature is scrawled at the top with no actual place for it and the date stamped underneath with one of those cheap stamps, 2 months after I signed this.....I think they meant to put March but put May instead....no interest amount either.

What do you all think? CCA or NO CCA?

Weller....Rog????

Read in guardian money over the weekend that creditors are actually allowed to make a 'representation' of the original document if the original cannot be found. This is perfectly legal and allows them to continue to recoup the debt from you. They started doing this because they got sick of having to write off debts.

blind-as-a-bat_2

The guardian have also printed things about BR that simply are not true and fabricated situations that so obviously couldnt happen to try support them.

Is there anything in that artical to point to any concrete evidance that there is any truth in that story Neko?

fermi

NekoZombie wrote: »

Read in guardian money over the weekend that creditors are actually allowed to make a 'representation' of the original document if the original cannot be found. This is perfectly legal and allows them to continue to recoup the debt from you. They started doing this because they got sick of having to write off debts.

The article is here:

http://www.guardian.co.uk/money/2008/feb/02/banks.consumeraffairs

I presume that is the same one.

NekoZombie

That's it! And yes, BAAB, I do think theres truth in it. Especially the bit about them getting it wrong when they created a new document.

blind-as-a-bat_2

Well that just makes a whole mockery of the system.

So in other words even though the bank has to supply a copy on request it can be made up by them. And if they get it wrong and unlike in this case you cant prove it, where does that leave you?

Leaves it wide open to fraud doesnt it?

fermi

Neko and Bat: from a brief scan of this guy's thread, I don't think this is the end of the story by a long shot.

Looks like they are going to challenge the creditors interpretation of the law.

It's implied that a lot was left out of the article for legal reasons.

fiveyearplan

That article is scary. Does anyone know if this botched agreement would stand up in court?