Cca Requests Updates Please

Yorkshire_Bred

dmd12577 wrote: »

Ive had 2 pieces of paper back both with same details on it more or less, both state clearly at the top credit card application for halifax, both contain my name address,employment,income and then goes on to declaration with my signature on both at the bottom. With these letters are about 10-15 pages of conditions of use, which clearly states at the top credit card agreement regulated by the cca 1974. I understand these two top pages with application on them aint a cca but having these with the conditions of use make it an agreement or is cabot pulling a fly one. Im actually doubting myself even though i think its not i just need it confirming. Cabot state in their letter that although its not the original copy and its not available, they have supplied me with a copy of original and this satifies all requirements. They say that because where i signed at the bottom of the application form it states in the signature box this is a credit agreement regulated by ca 1974, sign it only if you wish to be bound by its terms and that under the declaration it states cca 1974 therefore it constitutes as a valid credit agreement. Am i best taking it somehwere to get this verified it is or not a credit agreement?

Cabot state in their letter that although its not the original copy and its not available,

Looks good to me:D

Sounds like an application that falls foul of section 59 of the CCA

Without a document containing the prescribed terms which bears your signature Cabot don't stand a cat in hells chance and they know it!

swt61

dmd12577 wrote: »

Ive had 2 pieces of paper back both with same details on it more or less, both state clearly at the top credit card application for halifax, both contain my name address,employment,income and then goes on to declaration with my signature on both at the bottom. With these letters are about 10-15 pages of conditions of use, which clearly states at the top credit card agreement regulated by the cca 1974. I understand these two top pages with application on them aint a cca but having these with the conditions of use make it an agreement or is cabot pulling a fly one. Im actually doubting myself even though i think its not i just need it confirming. Cabot state in their letter that although its not the original copy and its not available, they have supplied me with a copy of original and this satifies all requirements. They say that because where i signed at the bottom of the application form it states in the signature box this is a credit agreement regulated by ca 1974, sign it only if you wish to be bound by its terms and that under the declaration it states cca 1974 therefore it constitutes as a valid credit agreement. Am i best taking it somehwere to get this verified it is or not a credit agreement?

Hi , I got one very simular to yours with the Nat West but I dont know what lletter to send to them to dispute what they have sent anyone got any ideas?

& I do really need to tell them about the letter they sent un-dated saying your new card is enclosed that we have never ever received at this address.

Simon

Yorkshire_Bred

swt61 wrote: »

Hi , I got one very simular to yours with the Nat West but I dont know what lletter to send to them to dispute what they have sent anyone got any ideas?

& I do really need to tell them about the letter they sent un-dated saying your new card is enclosed that we have never ever received at this address.

Simon

Send them something like this, just adapt to suit.....

Account number: xxxxxxxxxxxxx

Dear xxxxxxxxxxxx

Request for a True Original Copy of Signed Credit Agreement under Sections 77/78 of the Consumer Credit Act 1974.

Account in Dispute

I wrote to you on xxxxxxxxxxxxxx requesting a true, signed original copy of any credit agreement that exists in relation to the above account. This was a legal request for information under Sections 77/78 of the Consumer Credit Act 1974. The statutory fee of £1.00 was enclosed with my original request.

The Consumer Credit Act 1974 and Agreement Regulations1883 are very specific as to the form and content of a regulated agreement and the Application form you have provided to date falls short of what is required.

Under the terms of the above ‘Act’, if a creditor has not complied within 12 working days of receipt of this request the creditor is in default, rendering the alleged agreement unenforceable until the request is fully complied with, or by a court order.

Both of these deadlines have now passed and due to the non-compliant reply in relation to the above request you have not discharged your obligations under the ‘Act’, and remain in default.

On advice from the Financial Ombudsman Service, I now require you to reply with your final response to comply fully with my previous request. The maximum timescale for you to give a final response to my complaint is 8 weeks. This time runs from the date of the original complaint, which in this case, is the date you received my original request on xx/xx/xx.
56 days from this date will expire on xx/xx/xx.

Should your final response not comply with all statutory regulations and pertinent sections of the ‘Act’, and be a true signed original copy of the alleged executed agreement – I will be left to surmise that no regulated enforceable agreement exists between us, and will ask the Ombudsman to instigate their investigation.

Whilst this account is in dispute, and remains in default – I should remind you that you may:-
·Not demand any payment on this account, nor am I obliged to offer any payment to you.
·Not add any further interest or charges to this account.
·Not disclose or pass on this account to any other party/agent.
·Not register any adverse payment history regarding this account with any Credit Reference Agency.
·Not issue a default notice related to this account.


Be advised, the Consumer Credit Act 1974/2006 makes very clear that, a default may only be issued for breach of a regulated valid agreement. Further, that disclosure under the Data Protection Act is not, and can not be processed without express consent. This consent is expressly withdrawn until such time as a true copy of the alleged executed credit agreement is provided. As no such properly executed, enforceable agreement has yet been proven to exist, any attempt at serving default, or disclosure of my data to any third party, will have no legal standing, and will be vehemently challenged.

I await your final response to this complaint within 14 days of this letter, and would ask you include your proposed actions in the event that you are unable to comply fully with this final request.

Yours faithfully

swt61

Yorkshire_Bred wrote: »

Send them something like this, just adapt to suit.....

Account number: xxxxxxxxxxxxx

Dear xxxxxxxxxxxx

Request for a True Original Copy of Signed Credit Agreement under Sections 77/78 of the Consumer Credit Act 1974.

Account in Dispute

I wrote to you on xxxxxxxxxxxxxx requesting a true, signed original copy of any credit agreement that exists in relation to the above account. This was a legal request for information under Sections 77/78 of the Consumer Credit Act 1974. The statutory fee of £1.00 was enclosed with my original request.

The Consumer Credit Act 1974 and Agreement Regulations1883 are very specific as to the form and content of a regulated agreement and the Application form you have provided to date falls short of what is required.

Under the terms of the above ‘Act’, if a creditor has not complied within 12 working days of receipt of this request the creditor is in default, rendering the alleged agreement unenforceable until the request is fully complied with, or by a court order.

Both of these deadlines have now passed and due to the non-compliant reply in relation to the above request you have not discharged your obligations under the ‘Act’, and remain in default.

On advice from the Financial Ombudsman Service, I now require you to reply with your final response to comply fully with my previous request. The maximum timescale for you to give a final response to my complaint is 8 weeks. This time runs from the date of the original complaint, which in this case, is the date you received my original request on xx/xx/xx.
56 days from this date will expire on xx/xx/xx.

Should your final response not comply with all statutory regulations and pertinent sections of the ‘Act’, and be a true signed original copy of the alleged executed agreement – I will be left to surmise that no regulated enforceable agreement exists between us, and will ask the Ombudsman to instigate their investigation.

Whilst this account is in dispute, and remains in default – I should remind you that you may:-
·Not demand any payment on this account, nor am I obliged to offer any payment to you.
·Not add any further interest or charges to this account.
·Not disclose or pass on this account to any other party/agent.
·Not register any adverse payment history regarding this account with any Credit Reference Agency.
·Not issue a default notice related to this account.


Be advised, the Consumer Credit Act 1974/2006 makes very clear that, a default may only be issued for breach of a regulated valid agreement. Further, that disclosure under the Data Protection Act is not, and can not be processed without express consent. This consent is expressly withdrawn until such time as a true copy of the alleged executed credit agreement is provided. As no such properly executed, enforceable agreement has yet been proven to exist, any attempt at serving default, or disclosure of my data to any third party, will have no legal standing, and will be vehemently challenged.

I await your final response to this complaint within 14 days of this letter, and would ask you include your proposed actions in the event that you are unable to comply fully with this final request.

Yours faithfully

Many thanks I really appreciate that,

Simon:T

Bazza66

Yorkshire_Bred wrote: »

The Consumer Credit Act 1974 and Agreement Regulations1883 .....

Agreement Regulations1883??

Should this read "Agreement Regulations 1983"?

swt61

Bazza66 wrote: »

Agreement Regulations1883??

Should this read "Agreement Regulations 1983"?

MM WEll:T Spotted mate

Bazza66

Yorkshire_Bred wrote: »

Send them something like this, just adapt to suit.....

Account number: xxxxxxxxxxxxx

Dear xxxxxxxxxxxx

Request for a True Original Copy of Signed Credit Agreement under Sections 77/78 of the Consumer Credit Act 1974.

Account in Dispute

I wrote to you on xxxxxxxxxxxxxx requesting a true, signed original copy of any credit agreement that exists in relation to the above account. This was a legal request for information under Sections 77/78 of the Consumer Credit Act 1974. The statutory fee of £1.00 was enclosed with my original request.

The Consumer Credit Act 1974 and Agreement Regulations1883 are very specific as to the form and content of a regulated agreement and the Application form you have provided to date falls short of what is required.

Under the terms of the above ‘Act’, if a creditor has not complied within 12 working days of receipt of this request the creditor is in default, rendering the alleged agreement unenforceable until the request is fully complied with, or by a court order.

Both of these deadlines have now passed and due to the non-compliant reply in relation to the above request you have not discharged your obligations under the ‘Act’, and remain in default.

Both of these deadlines have now passed?

Doesn't scan to me. The letter refers to "both" deadlines but it only states the 12 working days rule.

Sorry to be picky. Dont want anyone just sending it off as it is. Mind you do DCA's actually read these anyway?

Yorkshire_Bred

Bazza66 wrote: »

Both of these deadlines have now passed?

Doesn't scan to me. The letter refers to "both" deadlines but it only states the 12 working days rule.

Sorry to be picky. Dont want anyone just sending it off as it is. Mind you do DCA's actually read these anyway?

like I said adjust to suit:rotfl: well spotted!

was originally 12+30 day = offence commited, however this has been withdrawn.

dino246

I have had a reply from natwest after sending cca request to dca stating that there is no obligation for the bank to provide me with a copy of the origional agreement bearing my signature and that a "true copy" does not need to contain any personal information relating to you as the debtor nor does it need to include a signature box,any signatures or dates of signature.
Should I SAR them ?
Origional cca sent 11-11-08, letter dated 8-12-08

dino246

Also westcot returned my cca letter and postal order refering me back to origional account holder. Does this CCA still hold from the date they received it even though they returned my letter stating that they no longer are dealing with my account on behalf of the HBOS.