Robinson Way have now sent me a CCA

RAS

Here is the link to a post about the contents of a legal CCA.

i think your letter may contain an application for rather than a CCA, but I am struggling.

http://forums.moneysavingexpert.com/showthread.html?p=6815188

Can i suggest pm to rog, smashed or weller. One or another is likely to come on later this evening.

Lillys_mum

It contains a monthly payment amount of £10 and a credit limit of £250 but I cannot see an APR anywhere - the trouble is it is not clear all over, some of the writing has not come out properly when photocopied

stapeley

I would be tempted to take it to court , and take your chance! Write back say you are not happy with what they have supplied . Just repeat your CCA and Notice of Assignment request .

Lillys_mum

I am just downloading some software to re install my printer.

Once I have scanned the document (I have photocopied it and put black pen through any details which I didn't think should be widely viewable to everyone)I will post it up for you to look at.

Can someone just tell me how to do it, cos I don't know

Lillys_mum

Sorry I can't get my scanner to work at all. I don't know what is wrong with it.
I am going over to the techie board to see if they can help me.

moonlightpjs

No Terms and Conditions- no APR = no CCA

Suggest you send this letter

Formal Complaint
Letter Before Action

Dear Sir/Madam,

I do not acknowledge any debt to your company.

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your purusal and ease of reference.
You have failed to comply with request, and as such the account entered default on **DATE**.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

I am of the opinon that the document you sent does not meet further pescribed terms as set out in the Act, eg:

Consumer Credit (Cancellation Notices and Copies of Documents)
Regulations 1983 (SI 1983/1557

2 Legibility of notices and copy documents and wording of prescribed Forms


(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily
distinguishable from the [background medium upon which the information is displayed].

(2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed
agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act
without any alteration or addition, except that--
(a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed
by these Regulations; and
(b) every Form shall be completed in accordance with any footnote.

Further more I am also 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.

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

* may not demand any payment on the account, nor am I obliged to offer any payment to you.
* may not add further interest or any charges to the account.
* may not pass the account to a third party.
* may not register any information in respect of the account with any credit reference agency.
* may not issue a default notice related to the account.

Therefore this account has become unenforceable at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

I reserve the right to report your actions to any such regulatory authorities as I see fit.
You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

I would appreciate your due diligence in this matter.

I await your rapid response.

Yours Faithfully

RAS

Ta Weller - wish I could find you a whole host of stars

Lillys_mum

Weller I have sent you a PM

Thanks

LM

xx

moonlightpjs

Replied to

moonlightpjs

Hi I received your letter this morning and my first thoughts were that the majority of it is completely unreadable and that in itself makes it unnenforcable, eg:

Consumer Credit (Cancellation Notices and Copies of Documents)
Regulations 1983 (SI 1983/1557)

2 Legibility of notices and copy documents and wording of prescribed Forms

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily
distinguishable from the [background medium upon which the information is displayed].

(2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed
agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act
without any alteration or addition, except that--
(a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed
by these Regulations; and
(b) every Form shall be completed in accordance with any footnote.

Also, it does state on the document that "You apply to open an account" and "make any xxxxxx in respect of your application". An application does not a true CCA make and it also does not contain the perscribed Terms and Conditions at all. I will alter the letter I previously posted to include the above. Remember to send recorded delivery