Do I send another CCA

[29spots]

I sent a CCA request to Intrum Justitia as the had taken over my Natwest Credit Card. I had not recieved or heard anything from them since september 2007. Today I received 2 letters from Regal Credit one a notice and the other a final notice (gave me lots of time to reply). Do I send them a CCA request or what?

[spiritgirl59]

Hi there

 

If this relates to the same alleged debt (Nat West credit card), which from what you have posted I believe it does, then personally I would send a copy of your original CCA to Regal Credit, with a letter something along these lines :-

 

Dear Sirs

 

Your Ref:

 

I refer to the Notice and Final Notice sent by you dated XXXX

 

You should be aware that on (insert date of your original CCA), I made a formal request to Intrum Justitia for a copy of the signed, fully executed credit agreement for the account under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of the account should have been sent along with any other document mentioned in the credit agreement. A copy of that request is enclosed herewith.

The Consumer Credit Act allows 12 working days for this request to be carried out before a company enter into a default situation. If the request is not satisfied after a further 30 calendar days, a Company commits an offence No properly executed copy of any agreement was forthcoming and as a result Intrim Justitia are unable to enforce this agreement.

 

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.

 

Also you are also no doubt aware, that if the creditor under an agreement, or persons or agencies acting on their behalf, fails to comply with the above request for a copy of a relevant Consumer Credit Agreement, then;

 

1) They are not entitled, while the default continues, to enforce that agreement; and

2)If the default continues for one further calendar month, then the creditor, or persons or agencies acting on their behalf commits a CRIMINAL OFFENCE.

 

Therefore, Intrim Justitia have committed two offences , by not complying with my lawful request, and then instructing your firm to demand payments and threaten legal action against me. Your firm has committed a criminal offence by pursuing me in this matter.

 

Consequently, I do not acknowledge any debt to your company, and no payments will be made in respect for the above named alleged debt.

 

Yours faithfully

(print your name, don't sign it)

 

See what response that brings! I'll be watching with interest.

 

Love SG x

[29spots]

Thanks Spiritgirl I will sent it off to them today.

[steven4064]

Good letter spiritgirl. May I just suggest a couple of minor changes in the interests of clarity:

... I made a formal request to Intrum Justitia for a copy of the signed, fully executed credit agreement for the account under section section 78(1) of the Consumer Credit Act 1974. (s77(1) applies only to fixed loans)

...

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

 

If the creditor under an agreement fails to comply with subsection 78(1)

[spiritgirl59]

Thanks for clarifying that bit Steven

 

Love SG x

[29spots]

Regal Credit have completely ignored my letter and sent a letter requesting full payment in 7 days for they will pass my fiel to their sols without futher notice. But they are offering to make 'mutually acceptahble repayment plan'. Which is more than they did last time.

[Pinky69]

They are talking through their bottoms. They are not in a position to offer you anything unless they send you a true copy of the credit agreement and it very much looks as if there isn't one. These letters are an attempt to worry you and bully you but they are not going to do that either. No doubt Spiritgirl will have another appropriate letter in reply. I personally would ask for the address of their complaints department then file a complaint before complaining to the Financial Ombudsman.

[29spots]

Thats a good idea.

[spiritgirl59]

Yes they will be clutching at straws as per usual - hoping their threats will get you to pay up

 

Interesting that they threaten you on one hand, and then make you "tempting offers" of repayment plans on the other eh?

 

Pinky's right, you need to make an official complaint in writing now. Enclose a copy of the last letter you sent by way of a polite reminder that they are acting like total pillocks, and make sure you send it by recorded delivery addressed to their "Customer Complaints Manager".

 

Something along the lines of this :-

 

Dear Sirs

 

Re:

 

I am in receipt of your letter dated XXXX and am astounded by its contents.

 

It is patently obvious that your company has chosen to ignore my letter dated XXXX. I enclose a further copy and respectfully suggest you fully acquaint yourself with its contents.

 

I now require from you by return details of your complaints procedure.

 

Please be aware that any legal action your company deems fit to commence will be vigorously defended.

 

Yours faithfully

 

See what that brings back.

 

Its often a long drawn out process and its typical that they will continue to try to bully you, but you will get there in the end

 

Love SG x

[29spots]

Thanks spiritgirl, however, I do want to make an arrangement with them to pay what I owe. There are some charges to be refunded which I have not calculated yet. I know the debt is not going away if the do not supply a credit agreement, should a try to make an arrangement or wait until after I have got charges back.

[spiritgirl59]

Thanks spiritgirl, however, I do want to make an arrangement with them to pay what I owe. There are some charges to be refunded which I have not calculated yet. I know the debt is not going away if the do not supply a credit agreement, should a try to make an arrangement or wait until after I have got charges back.

 

I'm not sure about this so would rather someone else helped you, as I have not been in that position.

 

Only one of my creditors supplied a properly executed agreement and when they supplied it they also sent an up to date statement taking all the excess charges off the account for some strange reason

 

I commenced repayments to them, but of course I didn't have to claim back any charges (they must have realised they were in the wrong for adding the things in the first place!!)

 

Love SG x