admin charges on disputed account???

moonlightpjs

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 *****, 2008. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on ********** 2008 this time limit will have/has 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,

moonlightpjs

SPANIEL36 wrote: »

Dear miss spaniel

If a third party is acting for you please refer this letter to them

With reference to your letter dated 10/12/07, requesting a copy of the credit agreement.

Under sections 77 and 78 of the Credit Consumer Cedit Act 1974 we are required to provide a copy of the executed agreement (if any). On the assumption that you have signed Unenforceable... there are loads of documents that we could have signed, may have signed or would have signed. Without a properly executed Agreement with your signature on it (and theirs) however, there is nothing to enforce in court. the agreement supplied to you at the time of opening your account. We enclose a copy of our agreement, which complies with the requirements of the Consumer Credit (cancellation notices and copies of documents) regulations 1983.

They are right in the sense that they have complied under the Act mentioned.... some creditors do try and bluff their way around the issue by quoting this. However, a properly executed, signed Agreement is needed before it can be re-enforced in court. Catalogue companies rarely get you to sign anything

rog2

Thanks weller. :T :T