Robinson Way have now sent me a CCA

Lillys_mum

Thanks Lisa.

I will await your ammended letter and send it off as soon as possible.

Many thanks :A

LM

XX

moonlightpjs

All done now Lilys Mum

If they continue to contact you and try and fob you off send this letter after the 12+2+30 days, which more or less says an application form in not a true CCA but I dont think they will.

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

I do not acknowledge any debt to your comapny.

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'. The statements sent do not correspond to the amount stated in your earliest correspondence and therefore they do not satisfy the requirement to supply me with a statement of account.

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

Sorry I couldnt PM you but it wouldnt let me write it all down - it said it was too long :rotfl:

moonlightpjs

Lilys Mum - send letter in post 27 first -I have ammended it

Lillys_mum

Thanks for that. Can I just check something before I print it off and send.

this part.
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**.

What are the dates I enter?
I first sent them a letter on 17th November, their 12 + 2 expired on 5th Dec so letter 2 was sent 6th Dec followed by letter 3 on 7th Jan.

Do I insert 17th Nov and 5th Dec into the required spaces.


Thank you

LM

xx

moonlightpjs

Lillys_mum wrote: »

Thanks for that. Can I just check something before I print it off and send.

this part.
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**.

What are the dates I enter?
I first sent them a letter on 17th November, their 12 + 2 expired on 5th Dec so letter 2 was sent 6th Dec followed by letter 3 on 7th Jan.

Do I insert 17th Nov and 5th Dec into the required spaces.


Thank you

LM

xx

Yes letter sent 17th Nov - defaulted on 5th Dec

Lillys_mum

Do I also send them back the "alledged CCA" which they sent me?

moonlightpjs

Lillys_mum wrote: »

Do I also send them back the "alledged CCA" which they sent me?

Nooooo, send them a copy but not the one they have sent you ITMS

Lillys_mum

Letter sent and delivered today.
Checked on RM website, delivery confirmed. Now lets see what they do next.

Thanks Weller

LM

xx