*Update* - Grumpy creditors and lack of CCA's

Jules

Hi RAS,
The forms I received where the original loan agreement forms and it states at the top "Credit Agreement Regulated by the Consumer Credit Act 1974" and where I have signed it states that its regulated by the CCA 1974. It gives amount borrowed, interest payable, interest rate, monthly payments and number of payments.

I might just wait and send the 12+2+30, I'm not sure what to do yet. I have defaults now for all my debts so it makes for an interesting situation!

Is there a template for the 12+2 and the 12+2+30 letters? I'm off to have a look.

Thanks

Jules

Jules

Have found this one thanks to weller711 its the 12+2 letter.
I'm putting it here so I can find it later and it may be useful to someone else too.

DEFAULT UNDER THE CONSUMER CREDIT ACT 1974
FAILURE TO PRODUCE AGREEMENT

Dear Sir/Madam

ACCOUNT NUMBER: *******************

I wrote to you by Special Delivery/Recorded Delivery ( Ref ******) on ***** 2007 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a 1.00 postal order as the fee payable. This letter was delivered and signed for on *****, 2007.

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 *****, 2007. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on ********** 2007 this time limit will have expired.

I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to same. As such, this account has become unenforceable by law. As you are no doubt aware subsection (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.

As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.

Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (****, 2007)


Data Protection Act (Data Protection Act 199

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

Yours faithfully,

Jules

Dear Sir/Madam
Re:-
Your Client Ref:

I refer to my letter dated (enter date) which was delivered via Recorded Delivery to your offices on (enter date).
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 (enter date) 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 (enter DCA 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 enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on (enter date) and (enter date) 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 (enter date) 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 (enter DCA name).
I require the following action from (enter DCA Name) :
1. All payments made to date to (enter DCA name) for this account should be refunded in full, including interest at the rate of 8% per annum.
2. Removal of all defaults entered by (enter DCA name). 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 (enter DCA name) 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. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

Data Protection Act (Data Protection Act 199
Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.
I look forward to your reply within 14 days to resolve the matter amicably.

Yours faithfully

Deep_In_Debt

For your info, I CCA'd B/C and they chose to ignore my request even though I sent it Recorded Delivery. They've gone past default stage now but during that time, they still sent a doorstep collector. I've written to the necessary authorities and am waiting for various responses and BC have gone spookily quiet!

notagoodsituation

Evening, a quick question for me if that is ok.

I have a couple of debts which I signed up to online, and never signed a credit agreement, for definate - is this process worth going through with them?

Since they were set up as well (easymoney.com) and (accucard), they have changed to lloyds TSB.

Thanks,

N

Jules

notagoodsituation wrote: »

Evening, a quick question for me if that is ok.

I have a couple of debts which I signed up to online, and never signed a credit agreement, for definate - is this process worth going through with them?

Since they were set up as well (easymoney.com) and (accucard), they have changed to lloyds TSB.

Thanks,

N

I don't see why not. Your entitled to a CCA. Go for it, you've nothing to lose.

Jules

Jules

CL Finance (The Lewis Group) have now just produced a CCA. It's outside the time but I think I will stay quiet for the moment as they are now accepting my reduced payments again without adding the collections charge.

As for the others - Barclaycard and the other 2 Moorcroft accounts - not a peep, not even a mention, so I think its time to send off another letter. I may use this as an opportunity to bargain with them possibly for a (very low)full and final settlement, although my attempts at full and finals up to now have been far from fruitful. We'll see.

Jules