Is this CCA enforceable

dubbya

stapeley wrote: »

Well done! When did you send your request ?

I sent the original CCA request on 28 Feb

dubbya

weller711 wrote: »

An application form does not a true CCA make

Naughty, naughty Crapital One for not having the perscribed terms :rolleyes:

Amend letter below as needed:-

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

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

Okay, update - they have failed to send proper CCA, but now are sending threatening letter saying it will be forwarded to their Legal department and it may result in a CCJ - bit scary. Any advice??

Thanks.

RAS

Hiya

The operative word is "may", or may not if they are correctly advised by their legal advisor.

To set you mind at rest talk to the National Debt Line - link here

http://www.moneysavingexpert.com/loans/debt-help-plan#help

They can ask you to quote stuff that would take ages to type out.

Then write a stiff complaint to Trading Standards, the OFT, and the CCA and copy Lowell into the letters.

Interestingly, they have recently crawled back into the woodwork and offered profuse apologies to two OPs to whom they sent statuatory demands.

Methinks they need another shove.

compulsivespender79

They've done similar to me too - failed to produce a proper CCA, and then last week I had a letter from the company tea boys (Hamptons Legal) threatening court action. They also kindly laid out the costs I would face "should" it go to court.
I have since sent all correspondence to Trading Standards. I have also written them a very stiffly worded letter, informing them once again of their obligations, and advising them of the referral to TS.
We shall wait and see . . .

stapeley

compulsivespender79 wrote: »

They've done similar to me too - failed to produce a proper CCA, and then last week I had a letter from the company tea boys (Hamptons Legal) threatening court action. They also kindly laid out the costs I would face "should" it go to court.
I have since sent all correspondence to Trading Standards. I have also written them a very stiffly worded letter, informing them once again of their obligations, and advising them of the referral to TS.
We shall wait and see . . .

hi , please let us know what TS say .

shuttyian

i am new here, so i would be very grateful if someone could point me in the right direction as what to do next.

I requested copies of an agreement under the section 78, an i have got a reply today from a DCA (mackenzie hall) which states:

"your account is currently on hold. please be assured that no action will be taken against you.

Should we not receive the relevant proof from our client within 28 days, we will close your file and return the file to our client. Our client will then decide what step to take.

As a gesture of goodwill, your payment (postal order) has been returned."

Can I take this letter as admission that they cannot back up their claim of debt? Also if they send the "file" back, can someone else start writing to me to ask for money? hmmm... i just dont know what to do.

Any advice or a shove in the right direction would be helpful.

itsnever2lateisit?

shuttyian wrote: »

i am new here, so i would be very grateful if someone could point me in the right direction as what to do next.

I requested copies of an agreement under the section 78, an i have got a reply today from a DCA (mackenzie hall) which states:

"your account is currently on hold. please be assured that no action will be taken against you.

Should we not receive the relevant proof from our client within 28 days, we will close your file and return the file to our client. Our client will then decide what step to take.

As a gesture of goodwill, your payment (postal order) has been returned."

Can I take this letter as admission that they cannot back up their claim of debt? Also if they send the "file" back, can someone else start writing to me to ask for money? hmmm... i just dont know what to do.

Any advice or a shove in the right direction would be helpful.

Seems by returning your £1 they already know they wont get the data you requested. On past form you can almost certainly expect episode two to start with another DCA:rolleyes: Even though they are not supposed to. The moral is 'dont let the b***ards grind you down' because that is what they are hoping

rog2

dubbya wrote: »

I requested a CCA from Lowell I sent the letter as advised, and I have received a letter back saying this:

'We can advise that the balance was calculated based upon the balance of the debt purchased from Capital One less any payments or adjustments received or made against your account since the date of purchase.

We are under no further obligation under the provisions of the above Act to provide you with copy account statements as you suggest.'

The above reply is typical of Lowell's disregard of their Legal Obligations under the terms of the Consumer Credit Act, 1974.

They are obliged to provide a 'debtor' with a true signed copy of the original consumer credit agreement, along with up to date statements of the account, within 12 working days of receipt of the request, WHETHER THEY ARE THE ORIGINAL LENDER OR NOT.

stapeley

Rog2 , Yes and no . They are obliged to provide a copy of the CCA . But no they do not have to provide statements . A up to date statement of the account , yes . But the monthly statements at this stage no .
In a CREDIT CARD debt , monthly statements are provided . Therefore if you dispute the account, at the court summons stage ,you can request all the monthly statements . I believe that if any of the monthly statement are missing the debt can not be accurately proven .