Cca Requests Updates Please

lkava5

Hi

I have just checked and thankfully the accounts numbers do tally.

Think I will write as suggested with the files as reference and inform IC that I am sending copies to the Information Commissioners Office. See if that jolts IC memory!!!

Thanks for your help and I will let you know what the outcome is.

mm2000

Out of four cca's that I've requested, two have been supplied, no problem there.
Citi Card have failed thus far, although they have had Power2connect send a letter to me giving 3 days in which to phone Citi Card or they will send one of their contact managers round to see me. I've written to both Citi Card and Power2connect and informed them that the requested cca is long over due and any action of any other means is unlawful and the debt cannot be enforced until the cca has been supplied. 3 days was on Saturday, Friday was when they should have received my letters.
Cabot financial claimed that they had bought my Morgan Stanley debt. I wrote saying I would like to get confirmation from MS myself before paying them. They were ok with this. I wrote to MS but had no reply so I cca'd Cabot. They have so far been unable to get the cca from MS although they do keep writing to tell me they are hopeful of being able to supply a copy.

momo1975

fermi wrote: »

I would wait and see what the CAGers suggest for now.

well didnt get any reply, maybe this is cause no one ever had this b4?

anyways i made up my own letter and here i t is...


Mike Cleary,
Managing Director
1st Credit Limited
Hill House,
1 Little New Street
London
EC4A 3TR
20h May 2008
Mr R A Kingdon

Ref: XXXXX

Dear Sir,

I have recently been in correspondence with your Statergy and Audit Manager, Mr R A Kingdon.
Unfortunately I have had to bring this matter to your attention as it seems that your colleague does not understand the Consumer Credit Act, in detail, and once you have read through the information I would like this matter brought a close.

Facts of the case:

I wrote to you by Recorded delivery on the 17th March 2008 asking for a copy of my agreement together with the relevant information under section 77-79 of the Consumer Credit Act 1974 enclosing £1.00 cheque as the fee payable. This was delivered and signed for on the 18th March 2008.

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 2nd April 2007. If the request is not satisfied after a further calendar month your company commits an offence. Therefore on the 2nd May this time limit expired.

Having taken the time to look over the documents supplied on the 8th May (6 days after the legal deadline )in response to my statutory request made under the Consumer Credit Act 1974, I have the following concerns

The document entitled “credit card application” which appears to bear my signature fails to comply with the requirements of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557). In particular section 2 of the Regulations

As you will be no doubt aware, the Copy Document Regulations requires that documents are easily legible and clearly the terms of the agreement are not easily legible, infact far from it. Many of the terms are blurred and cannot be interpreted and I am further unable to make out the prescribed terms as required by schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553). After taking advice on this matter, I am of the belief that this agreement that you have presented before me, as it stands would be unenforceable even by court order.

After my letter to Mr Kingdon advising of this, his reply on the 16th May 2008 “You are fully entitled to your opinion that the copy agreement sent t you fails to comply with the CCA 1974. Ultimately this will be for the courts to decide” I find this both threatening and harassing, which is illegal as you have failed to provide evidence of a CCA.





As the document is not legible then the following applies

Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI1983/1557) Section 2(1)

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].

Even if the ‘Application form’ which was sent to me was readable and legible It has not properly executed Section 61 & Consumer Credit Act 1974, subsections 61 & 65

61
.—(1) A regulated agreement is not properly executed unless

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner,
65.—(1) An improperly-executed regulated agreement is enforceable against the debtor or hirer on an order of the court only.

Mr Kingdon was also very nice to type up some terms and conditions onto his computer and date and sign it 2001 as an agreement between (Information Commissioner) and I, however I am a little confused as I was under the impression that Mr Kingdon working for 1st Credit and not (Information Commissioner). This is not a legal document in a court of law.

Finally I have received a letter dated 19th May, after my correspondence with r Kingdon, headed “ Request for Copy Agreement” – and saying that my request would take 6-8 weeks. A little odd I think.

I would suggest that you give consideration to canceling this account and reducing the balance to zero. Of course the alternative would be to seek a declaration of my rights under Section 142(1) of the Consumer Credit Act 1974. I am advised that with the documents that you have supplied there would be an extremely good prospect of success with such a declaration, however, I am mindful of additional costs that such action could incur both on my part and on yours so I trust you will give consideration to

I would also like to mention that a FULL complaint has been sent to;

Surrey Trading Standards,
Rochdale Trading Standards
Office of Fair Trading
I will have no hesitation in reporting you to the Police if further demands are made as you will be breaking the law.

yours

fermi

momo1975 wrote: »

well didnt get any reply, maybe this is cause no one ever had this b4?

There are just too many threads on CAG for the mods to check every updated thread.

If I was you, I would PM pt2537 or rory32 etc to ask them to give your letter the "once over". They don't mind.

momo1975

fermi wrote: »

There are just too many threads on CAG for the mods to check every updated thread.

If I was you, I would PM pt2537 or rory32 etc to ask them to give your letter the "once over". They don't mind.

Cheers i will do that

stapeley

momo1975 , please advise us of the response to your letter. I have been sent a eligible copy of a application form.

momo1975

stapeley wrote: »

momo1975 , please advise us of the response to your letter. I have been sent a eligible copy of a application form.

ok sure i will when i send it and get a reply just waiting for the CAG'ers to give it the once over :-)

stapeley

Received yet another phone call from EOS despite them replying to my letter informing them the form they purported to be a CCA was eligible .The letter said account on hold till they check with their client . Chap making the call was lost for words when I told him he he .

momo1975

stapeley wrote: »

Received yet another phone call from EOS despite them replying to my letter informing them the form they purported to be a CCA was eligible .The letter said account on hold till they check with their client . Chap making the call was lost for words when I told him he he .

good on ya...still waiting for my reply to 1st credit - guess i will hear sometime next week they got my letter today signed for!

mm2000

Cabot still unable to get a cca from Morgan Stanley, though they will keep trying.
Currently waiting on Citi Card to get in touch. Can Citi Card issue a default notice on the account if they haven't supplied a cca. I wrote to them last wednesday as well as reporting them to Trading Standards and FLA.