Failure to reply to CCA request - 1st credit

smithja

is there a section on it that say "signed for and on behalf of halifax", in order for the agreement to be made you must sign in the box to acknowledge you agreement and the bank must bind themselves to it by signing their box. So I would say if this box is their and not signed, it is not valid.

James

sarahjervis1

I just want to stay thank you for all the comments made in this post. I spent twenty minutes on the phone to a vile woman from 1st Credit last week and these posts have given me the confidence to do something about it. I have never been spoken to in such a rude manner.

momo1975

hey all well the 12+2+30 is up and wescot have FAILED to provide anything!!! so i guess that cant do anything legally? whats the letter i need to send them now?

NickX

Well Done. I think you've got them on the run now :beer:

They have no right to make demands on you without evidencing the debt. I would threaten to report them for harrassment if they don't leave you alone.

Once they realise that you are not going to be bullyed into paying then they will return to their pit to harrass someone else.

momo1975

thanks nickX - does anyone have the 12+2+30 letter i need to send now?

fermi

momo1975 wrote: »

does anyone have the 12+2+30 letter i need to send now?

There are quite a few different versions that people have put together in the past.

Here is one: Letter.

But if you search (especially on DFW) then you can probably find some others.

momo1975

thanks for this

i have sent this letter:

refer to my letter dated 7th April 2008 which was delivered via Recorded Delivery to your offices on 8th April 2008 Ref DV 0**********B

You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

In my letter of the 17th March sent on the 17th March and received on the 18th March ref Recorded Delivery number DW **********GB I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time {debt agency name} purchased this account, along with any other documents mentioned in the credit agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. If the request is not satisfied after a further 30 calendar days, your company commits an offence. These time limits expired on 2nd April 2008 and 2nd May 2008 respectively.

As you are no doubt aware, Section 78(6) states:

If the creditor under an agreement fails to comply with subsection (1) -

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.

Therefore on 2nd May 2008 this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, i do not acknowledge any debt to Wescot Credit Services Ltd

I require the following action from Wescot Credit Services :

1. All payments made to date to Wescot Credit Services Ltd for this account should be refunded in full, including interest at the rate of 8% per annum.

2. Removal of all defaults entered by Wescot Credit Services Limited. Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Wescot Credit Services or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing.

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.

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, therefore please remove all records of this alleged debt with the relevant Credit Reference Agencies.

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.


I look forward to your reply within 14 days to resolve the matter amicably.

fermi wrote: »

There are quite a few different versions that people have put together in the past.


Here is one: Letter.

But if you search (especially on DFW) then you can probably find some others.

fermi

It's unlikely that Wescot will comply with the items below (especially the refund), but it does no harm to try.

momo1975 wrote: »

1. All payments made to date to Wescot Credit Services Ltd for this account should be refunded in full, including interest at the rate of 8% per annum.

2. Removal of all defaults entered by Wescot Credit Services Limited. Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group

momo1975

Well its worth a go :-) I'll let you know how i get on....maybe there is finally light at the end of the tunnel?!

fermi wrote: »

It's unlikely that Wescot will comply with the items below (especially the refund), but it does no harm to try.

NickX

Nice Letter, quoting all the right legal facts.

I agree that I don't think they will refund anything, but no harm in requesting it. Afterall, always best to ask for more than you are actually happy to settle with.

It may well make them leave you alone though.