Claiming back and CCA diary

fermi

To be honest I can't really say whether it is best to send this or wait.

But if it was me and I decided to send it, then I would amend as follows:

(Green bits are my changes, but that is obvious really)

My changes may not also not be correct.

kel123 wrote: »

NOTICE - OFFENCE under s77/78 of the consumer Credit Act 1974.

Failure to supply the requested documentation within 12 working days and one calendar month.

This account went in to default on the XXXXXX when XXXXXXXXX failed to comply with a reasonable and lawful request under the consumer Credit Act 1974, to supply a true copy of the executed Customer Credit Agreement for this account

This account remains in dispute and this letter constitutes a formal complaint, although it is envisaged that no further correspondence will be entered into.

If you wish to enter into further correspondence then I require you to supply me with a copy of your formal complaints procedure and a "final response notice" that I may then forward to the Financial Ombudsman Service with the details of my complaint.

Summery of how this account became unenforceable

Xxxxxxxxx Letter to xxxxxxx (attached) requesting a list of bank charges and a copy of the true Customer Credit Agreement for this account, for which the maximum charge under the Consumer Credit Act 1974 and the Data Protection Act 1998 was enclosed (£1 and £10 respectively). The letter was sent recorded delivery and was signed for on the xxxxxxxx and subsequently the cheque was cashed on the xxxxxxx.

Xxxxxxxxx Letter to xxxxxxxx (attached) advising you that you are in default of the Consumer Credit Act 1974 and that this account was now in dispute. The letter was sent recorded delivery and was signed for on the xxxxxxxxxxx.

It is not my responsibility to advise xxxxxxxxx on the relevant sections of the Consumer Credit Act 1974, only to make you aware of the validity of said act: Attached is a recent copy of a letter sent by Gareth Thomas MP (Parliamentary Under-Secretary for Trade and Commerce) to Owen Patterson MP on the 15th February 2008 with regards to one of his constituents. (personal details are omitted in line with the Data Protection acts)

In addition you are in breach of your duty to supply the requested information under the Data Protection Act 1998 within 40 days, and consequently if this matter is not satisfactorily concluded I will be making a formal complaint to the Information Commissioner, and will also be considering legal action.

Under the Consumer Credit Act 1974 and in conjunction with the Administration of Justice Act 1970 and Malicious Communications Act 1988, it will be deemed harassment if you directly or indirectly contact me with regards to payment or proposed legal action on this account.

You will also breach several of the provisions in the Office of Fair Trading guidance on debt collection. Any such breach will be reported to the Office of Fair Trading, and as you are aware such a complaint will be taken into account when they review your fitness to hold a Consumer Credit License.

Furthermore I reserve the right to seek compensation for these actions, also I reserve the right to report xxxxxxxxx to all relevant authorities upon such actions

EDIT: The correct people to complain to about the "offence" is trading standards, so you might want to add in something about that as well.

kel123_2

Umm

Nice one fermi

You have just changed my mind again

First I was - then I wasn't - now I am again (and I haven't got the slingback synus part of the brain)

Thank you

Kel

fermi

Glad that helped.

I'm afraid I sit firmly on the fence (sounds better than being indecisive ) when it comes to whether you should write a letter after "this date" or "that date".

But you seem to be pretty clued up whichever you decide.

kel123_2

Just thought it was time to up date

HBOS Loan

They have sent 6 years of charges (out side the 30 days) They have sent a cca (outside the 30 days) with no interest rate and an incorrect APR. Last letter from them says it's being investigated:rotfl:

HBOS Credit Card (preference)

No correspondance at all (outside the 30 days):rotfl:

Lloyds credit Card
They have sent 6 years of charges:T and an application form:rotfl: It is outside the 30 days and last letter says that they are investigating:rotfl:

Lloyds credit Card
They have sent 6 years of charges:T and an application form:rotfl: It is outside the 30 days and last letter says that they are investigating:rotfl:

Lloyds Loan

No correspondance inside the 30 days.:rotfl: Last letter from them says that they are investigating:rotfl: Had a few calls about this one but I am refussing to discuss because of 'in dispute' they have not got heavy on the phone but has soon as they do other letters will be sent and ofcause with the log:rotfl:

CL Finance Loan

Sent everything requested by recorded delivery within the time scales:A

Asset Link Loan

Nothing within 12 working days, sent my second letter giving 30 days and they have sent a letter saying that they do not have the cca and are requesting it from GE, HOW DUMB ARE THEY:rotfl: :rotfl: :rotfl: ilegal collection activities me thinks:T No charges provided as yet

AIC Loan

Nothing within 12 working days, sent my second letter giving 30 days. received letter saying that basically they had received the second letter and it will take atleast 30 days:rotfl: :rotfl: :rotfl:


So if all things stay the same nomore payments to about 48K of debt
:T :T :T :T :T :T :T :T :T :T :T :T :T :T :T :T :T :T

BUT I know it could all change over night so i'm enjoying the moment

fermi

That is quite a list kel.

System

kel123 wrote: »

Just thought it was time to up date

HBOS Loan

They have sent 6 years of charges (out side the 30 days) They have sent a cca (outside the 30 days) with no interest rate and an incorrect APR. Last letter from them says it's being investigated:rotfl:

HBOS Credit Card (preference)

No correspondance at all (outside the 30 days):rotfl:

Lloyds credit Card
They have sent 6 years of charges:T and an application form:rotfl: It is outside the 30 days and last letter says that they are investigating:rotfl:

Lloyds credit Card
They have sent 6 years of charges:T and an application form:rotfl: It is outside the 30 days and last letter says that they are investigating:rotfl:

Lloyds Loan

No correspondance inside the 30 days.:rotfl: Last letter from them says that they are investigating:rotfl: Had a few calls about this one but I am refussing to discuss because of 'in dispute' they have not got heavy on the phone but has soon as they do other letters will be sent and ofcause with the log:rotfl:

CL Finance Loan

Sent everything requested by recorded delivery within the time scales:A

Asset Link Loan

Nothing within 12 working days, sent my second letter giving 30 days and they have sent a letter saying that they do not have the cca and are requesting it from GE, HOW DUMB ARE THEY:rotfl: :rotfl: :rotfl: ilegal collection activities me thinks:T No charges provided as yet

AIC Loan

Nothing within 12 working days, sent my second letter giving 30 days. received letter saying that basically they had received the second letter and it will take atleast 30 days:rotfl: :rotfl: :rotfl:


So if all things stay the same nomore payments to about 48K of debt
:T :T :T :T :T :T :T :T :T :T :T :T :T :T :T :T :T :T

BUT I know it could all change over night so i'm enjoying the moment

Kel any more news? I am in a similar situation myself and find your post very interesting

kel123_2

nirelandguy

No more news i'm afraid, 1 calander month up on the last 2 in 4 days.

I am however getting alittle concerned with lloyds they are increasing the number of calls but they are very polite. They seem to be trying to combine the OD with the loan so I think it's time to send off letters of complaint

i'll keep you posted so util then yipee

kel

kel123_2

Did I say nothing has happened, well today!

Had a call from Oliver, Blair and Scott or was it Blair, Oliver and scott, well one of the kids anyway. It seems that they have been asked by HBOS to collect the preferance account. I let him ramble for a while (you know you owe this....etc) I then Said YOUR ARE AWARE THAT THIS ACCOUNT IS IN DISPUTE AND THEREFORE YOU ARE COMMITTING AN OFFENCE! Sorry Sir we have not been told this! he said. I read out my last letter to HBOS, Offence under........etc and he said HBOS haven't replied to you? NO! then the account is on hold for 28 days and we will investigate - thank you and good bye.

I await with anticipation

Kel

stapeley

Interesting , BOS on behalf of HBOS ,keep ringing my mobile ,even after I pointed out the form they sent me was eligible. They also passed it onto EOS for collection . I wrote to both again pointing out account was still in dispute . Awaiting a reply .

stapeley

Tempted to go against my own advice and ring them , no I don,t want to use my phone credit up. But will have a prepared statement ready for when they next call !