Showing results for tags 's78'.
Found 2 results
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In another thread there appears the following statement regarding CCA agreement defaults: "You have not replied to this request within the statutory period and therefore, under s78(6) of the Act, you may not enforce any agreement you may suppose to exist between us. That means, you may not 1) request payment on the account 2) add any charges or interest to the account 3) communicate any details regarding the account to any third parties. This inludes but is not limited to Credit Reference Agencies." Is item 3 really true? I have a dispute with Link over an invalidly assigned MBNA debt, which has been in default for several years due to Link persistently failing to send the Consumer Credit Agreement. They eventually sent me somebody else's CCA and I have reported this to the Information Commissioner. So it remains in default. They have continued to supply adverse data to Equifax and Experian, probably CallCredit too. If item 3 above is correct, how can I get the information deleted please? I already have a Notice of Dispute filed with both main CRAs, who said (when I first mentioned the situation) that they cannot remove it without Link's agreement. TIA
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I've requested documents under the CCA, and had enclosed the standard £1 postal order. My letter and fee have been returned stating my signature is required before they can proceed. I've read elsewhere that signatures are not needed and are discouraged from being included so that they cannot be used or falsified in documents. Can anyone advise as to how I should proceed please? If I resend this unsigned again (they've sent an alternative address to send to), will the original date it was sent still be valid for their statutory time limit? Many thanks
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