Unenforceable Credit Agreement?

[Guest Alison82]

I initially opened a Barclays student bank account years ago they attached a credit card to it which I didn’t ask for (I didn’t even know what a credit card was then). I used the card over the years and occurred charges which I recovered. The credit card is now closed with a balance of approx £400 which I haven’t paid off as I can’t afford to right now. The bank account is open still although overdrawn.

 

Yes they keep sending text messages saying they will start legal action, it was with Mercers for some time and is now with Calders DCA

[BelstarBomb]

Hi Alison,

 

I can't repeat what I've just said out loud.

 

Send the attached to Barclays and send a copy to the most recent DCA.

 

The CPR is what they base their legal arguament on to take anything to court and you have a right to see what they have. If it goes to court and the whip out something new, they are in the poo. If they don't respond to your CPR request, they are also in the poo. The SAR is as I stated before.

 

good luck,

 

BB

 

I have taken legal advice and would reply as follows to your most recent communications from you and now DCA.

 

You refer to court proceedings - I must remind you of the overriding principle which is that the court expects parties in a dispute to make every attempt prior to commencement of court proceedings to resolve the dispute outside of court proceedings. The following CPR provides a framework to achieve that.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following / the document(s) which you will require in any Particulars of Claim:

 

1 The application together with all information held by the Bank regarding the application, including who originated the application, the reason for the application and consideration made by the Bank. Method of communication and parties involved.

 

2 The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. Please note that these general conditions must be those provided at the inception of the agreement and may not be the current terms & conditions.

 

3 The default notice. This may not be a template but must be the original default notice sent fully in compliance with the Consumer Credit Act 1974. Method of delivery and proof of delivery.

 

4 The termination notice. This may not be a template but must be the original termination notice sent fully in compliance with the Consumer Credit Act 1974. Method of delivery and proof of delivery.

5 Any Notice of Assignment. This may not be a template but must be the original NoA sent fully in compliance with the Law of Property Act. Method of delivery and proof of delivery.

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me.

 

Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time, I will make lodge a complaint with OFT and commence proceedings against you.

 

 

I believe the above agreement to be unfair and unenforceable and I therefore refer you to my separate attached SAR and request compliance.

 

I look forward to hearing from you.

 

Yours faithfully,

 

 

 

Address,

Address

 

Their name and address

 

Your agreement number

 

SUBJECT ACCESS REQUEST UNDER THE DATA PROTECTION ACT 1998

 

I would ask that you supply me with FULL disclosure of ALL information for this account. I would remind you that the County Court judges are threatening to imprison any Data Controller who does not comply with these requests.

 

The information requested, whilst not exhaustive is as follows:

 

• Full copies of all contracts which you believe exist between myself and your organisation, including copies of any documents you hold in support of same.

• Full statements of all accounts from commencement of the accounts.

• True signed and executed copies of all agreements in compliance with the Consumer Credit Act 1974.

• Details of the identity of any individuals or organisations who have provided you with my personal information together with copies of any letters of instruction provided by them, or any contracts entered into between yourselves and the third party, and the relevant dates to which those contracts related.

• Copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

• Full details and copies of any documents upon which you relied when you have provided my personal or financial information to any individual, organisation or third party.

• Full copies or transcripts of any computer logs or database records kept in relation to us or in relation to our financial or personal information.

• Full copies of any correspondence in postal, email or any other format which you have entered into with any individual, organisation or third party which contains my personal or financial information, or which pertains to me.

• Details of all systems you currently have in place to ensure our personal or financial information is kept securely, including details of those officers who currently have control of same, and at the time it was held or provided to a third party.

• Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

• Full hard copy print outs of any of my personal or financial information held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

• Your registration number with the Information Commissioners Office.

• Your Consumer Credit License number and expiry date.

• Mercers Debt Collection Limited Consumer Credit License number and expiry date.

 

Where reference to emails is given above, these emails should be taken from your email servers or backups / archives held in a magnetic or digital format. These emails may not be present on a user’s local system, and may require the assistance of your IT department / IT providers, who you should contact immediately for their provision.

 

Please confirm whether you hold a physical file with details of our personal and / or financial information. If so, please provide details and dates of any instance when this file has left your control, to whom it has been communicated, the method of transportation / communication e.g. Royal Mail, courier, by hand, electronically. Please provide a full copy of this file where my physical file has left your offices, please provide details of any precautions taken to ensure that my information has not been lost, misplaced or made available to anybody who does not have authorised access, including those who would use my information for the purposes of identity fraud, or registered with any credit agencies. Please also confirm whether any of the documents held within the physical file are computer generated.

 

Under S.40 of The Administration of Justice Act 1970, if you believe you have provided my information to any organisation, agent, or individual who could, or may have used it for unlawful purposes, you should contact me immediately, and provide full details of their identification and address, together with full details of any instructions you have provided to them. If you have forwarded or communicated my personal or financial information to any person, company, or organisation, please provide a copy of the authority, signed and dated by myself upon which you have relied prior to doing so. As requested above, you should provide copies on any such communications.

In complying with both the Data Protection Act and the Consumer Credit Act you are permitted to charge a maximum fee of £10 and that payment is enclosed.

 

Finally you are reminded that the Subject Access Request must be provided within 40 days of the date this recorded letter was sent

You are also reminded that the ICO state that whilst the maximum limit for compliance is 40 days Data Controllers should not use this as a guide for compliance and should whenever possible provide the information as soon as possible. If you do await the 40 day limit it may be found that you have not complied in supplying the information I require. In which case there would be insufficient time left for you to comply causing you to be guilty of an offence

 

Non-compliance with my request is a summary offence under the above Acts and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer or does not exist is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Finally, please understand that this alleged debt is now in dispute and all communication must be in writing. Since I have made formal requests under this legislation you are obliged to provide me with that information and your employees should not pursue the alleged debt. I would remind you of the law related to harassment and the OFT guidelines.

 

Section 40 of the Administration of Justice Act:

(1) A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he

(a) harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand,

(2) A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”

 

Furthermore your attention is drawn to:

Both the Office of Fair Trading and trade associations (run by the credit industry) have produced guidance on what activities may be considered harassment and should therefore be avoided by creditors. The following list is taken from the new Debt Collection Guidance for holders of consumer credit licences.

Creditors are warned by the Office of Fair Trading under the Debt Collection Guidance that the following practices are "considered unfair":

“PUTTING PRESSURE ON DEBTORS OR THIRD PARTIES IS CONSIDERED TO BE OPPRESSIVE.”

 

This includes:

• Contacting you too frequently

You are instructed with immediate effect to destroy all records of any phone numbers you may have where I can be contacted and to instruct all employees to not attempt to telephone me whilst this alleged debt is in dispute. Failure to comply will result in formal complaints to OFT, FOS and ICO requesting removal of your license to conduct any Consumer Credit trade and a complaint to the police seeking prosecution for harassment.

 

 

 

Yours sincerely,

 

 

 

 

xxxxxx

[Guest Alison82]

Hi BB

 

Wow thanks those lettera are really good! I've made a CRP request in the past which they have ignored but nothing like this, I'll send this asap

 

Thanks so much

 

[BelstarBomb]

No problem,

 

I would like to take all the platitudes but I got this from Zubo over at CCS

 

between them and the CAG I'm sure we will get you and Barclays sorted!

 

BB

[ltc1607]

sub

[SA Enterprise]

Hi, my husband is in an IVA at present. We only recently heard about CCA's and have employed a company to do this for us for £1000. We have not yet paid anything to them and Im wondering if I should cancel it with them and do it myself. Just how difficult is it to do when you are in an IVA

Thanks:confused:

[Guest Alison82]

Cancel it, this forum is very good you will learn alot here, save yourself £1000 and do it yourself

 

Good luck

[muzzer1066]

hi there ive been reading lots of notes on here regarding welcome finance, and unenforcable agreements, now im completly new to all this as i only registered today! so i dont even know if im doing this right! what i need to know is how on earth i find out if the agreement is unenforcable due to the whole acceptance fee/interest thing, i havent a way of scanning my agreement onto this site unfortunatly but i noticed someone else had scanned one onto this site and it looked similer to mine in that it said - total charge for credit £1.226.21 (consisting of) acceptance fee - £75.00, interest charge £1.151.21, rate of interest per annum - 55.55%.

the amount of the loan was £1500.00. in the words of the beatles, HELP!

[tosh1]

subbing

[Adelphi1]

Following threads on the site I have contacted a number of card providers with a view to obtaining original credit agreements to acertain if they are enforceable. As yet only Halifax has responded with general printed terms quoting.

 

"Please note that the information we have provided you with is all the information we are required to provide you with under Section 78 of the Consumer Credit Act. Please also note that we are not required to provide a copy of the original signed agreement under section 78 of the Consumer Credit Act."

 

Cany anyone help as to whether this is correct?

[Adelphi1]

Following threads on the site I have contacted a number of card providers with a view to obtaining original credit agreements to acertain if they are enforceable. As yet only Halifax has responded with general printed terms quoting.

 

"Please note that the information we have provided you with is all the information we are required to provide you with under Section 78 of the Consumer Credit Act. Please also note that we are not required to provide a copy of the original signed agreement under section 78 of the Consumer Credit Act."

 

Cany anyone help as to whether this is correct?

[tarbuchmatu]

you can try 'contract checkers', they check agreements for free, I submitted 2 and 1 came back unenforceable today so i will be taking action further on that card.

[boothyboy]

Hi all,, I have been reading the posts on CAG for a while now, and following peoples success with unenforcable credit agreements.

 

I currently have three credit cards that I suspect might be unenforcable and I could do with your help..

 

I was initally planning on sending s78 requests to the creditors for the cca's, but I am unsure whether this is going to be effective??? as I have read that most creditors are sending out just t&c??,, would it be better to send a subject access request, and by sending a "sar" is the creditor legal bound to provide me with the original executed agreement???

 

Thanks in advance.

[BelstarBomb]

Hi BoothBoy,

 

From experience and to make sure that you have done everything by the book I would still send the s78 CCA request. Give them their alloted time, see what you have been sent and if it aapears tp be unenforceable or all they send you is the t&c's then send them a SAR but also advise them the account is in dispute because of their failure to comply.

 

Try that and see how you get on and come back to us.

 

Good luck BB

[boothyboy]

Hi Belstarbomb

 

Thanks for your quick response, ok will get them posted out today and let you know my progress. With the s78 request are the creditors required to provide a copy of the original signed credit agreement or does providing just the t&c or application satisfy there legal responsability to the request??

 

Thanks again

[BelstarBomb]

They are supposed to send a copy but most send the t&c's because they do not have the original agreement.

 

Of the 11 that I had CCA'd only one sent a copy of the agreement. Some sent a copy of the application form and some sent just the T&C's.

 

The law is quite clear though they try to tell you otherwise. If they had the original to copy, why not just simply send a copy!

 

Make sure you send it special delivery, get a receipt for everything and keep all proof of postage attached to copies of the letters you have sent. This will make it much easier for you should it get to court as you will need all of this for your court case.

 

Good luck,

 

BB

[boothyboy]

Thanks again for your response bb,, av sent s78 requests today so will keep you updated.

[BelstarBomb]

Hi BoothyBoy,

 

No worries. I am only passing on what I have learnt from the good people here and at Consumer Credit Support.

 

You have to go at this patiently and know what you are doing otherwise the banks and the DCA's will try to take you as mug. Sending off for your CCA's is the first step on a long journey that may well take you the best part of a year, so don't enter this if you are not prepared for that and all the dirty 'tackles' they will try to throw at you.

 

Keep me posted,

 

BB

[nedgas]

Hi All

 

New to the forums....must say they are excellent. My story....interesting

 

Halifax Credit Card

 

My 1st Letter request for copy of the original signed agreement for this card......

 

Halifax response copy of agreement with my name typed at the top under section 1 parties to the agreement with my current address on document and not original address were the agreement would have been set up. No signatures anywere to be seen. Also terms & conditions...again no signatures.

 

My 2nd Letter Thanking Halifax for there respose but please could we try again for a copy of the original signed agreement.

 

Halifax Response word by word

At present we are unable to locate the signed application, however it has always been our process to ensure an agreement with the cca requirements would have been signed by the customer before setting up a credit card account for the customer and that we will adduce evidence to confirm this if the matter proceeds to court.

I hope this clarifies our position.

 

My third letter In a nutshell i told them under cca the agreement is unenforcable and i would like them to tell me why they believe the agreement is enforcable?

 

No reply so......

Since then we have discussed the position on the phone and I have stated that I believe that should they be unable to produce the signed agreement then the said account is now unenforcable.

The halifax responded by saying there solicitors advise me to continue payments as the account is enforcable.

 

What next......Am i right in still believing this is unenforcable? Is there a letter somewere i can now use to force the issue? do i need a solicitor ?

 

Help please all......

[BelstarBomb]

They get me so mad!!!

 

Of course their solicitor would say that!!

 

SAR them immediately. This gives them 40 days to supply all the info and CCA that they supposedly have.

 

It also gives you further ammunition down the track if they don't supply it.

 

You can get the SAR template from the library.

 

BB

[nedgas]

Hi and thank you for reply

 

Could you confirm when i get the SAR back what will be my next move?

 

Does the SAR enforce them to release everything they have on file regarding this account?

 

What will I be looking for specifically within the SAR ? The apparent signed credit agreement?

 

I do apologise in advance for my spelling.

 

Many thanks again for your support.

[millymollymoo]

Hi Alison,

 

I can't repeat what I've just said out loud.

 

Send the attached to Barclays and send a copy to the most recent DCA.

 

The CPR is what they base their legal arguament on to take anything to court and you have a right to see what they have. If it goes to court and the whip out something new, they are in the poo. If they don't respond to your CPR request, they are also in the poo. The SAR is as I stated before.

 

good luck,

 

BB

 

I have taken legal advice and would reply as follows to your most recent communications from you and now DCA.

 

You refer to court proceedings - I must remind you of the overriding principle which is that the court expects parties in a dispute to make every attempt prior to commencement of court proceedings to resolve the dispute outside of court proceedings. The following CPR provides a framework to achieve that.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following / the document(s) which you will require in any Particulars of Claim:

 

1 The application together with all information held by the Bank regarding the application, including who originated the application, the reason for the application and consideration made by the Bank. Method of communication and parties involved.

 

2 The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. Please note that these general conditions must be those provided at the inception of the agreement and may not be the current terms & conditions.

 

3 The default notice. This may not be a template but must be the original default notice sent fully in compliance with the Consumer Credit Act 1974. Method of delivery and proof of delivery.

 

4 The termination notice. This may not be a template but must be the original termination notice sent fully in compliance with the Consumer Credit Act 1974. Method of delivery and proof of delivery.

5 Any Notice of Assignment. This may not be a template but must be the original NoA sent fully in compliance with the Law of Property Act. Method of delivery and proof of delivery.

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me.

 

Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time, I will make lodge a complaint with OFT and commence proceedings against you.

 

 

I believe the above agreement to be unfair and unenforceable and I therefore refer you to my separate attached SAR and request compliance.

 

I look forward to hearing from you.

 

Yours faithfully,

 

 

 

Address,

Address

 

 

Their name and address

 

 

Your agreement number

 

 

SUBJECT ACCESS REQUEST UNDER THE DATA PROTECTION ACT 1998

 

I would ask that you supply me with FULL disclosure of ALL information for this account. I would remind you that the County Court judges are threatening to imprison any Data Controller who does not comply with these requests.

 

The information requested, whilst not exhaustive is as follows:

 

• Full copies of all contracts which you believe exist between myself and your organisation, including copies of any documents you hold in support of same.

• Full statements of all accounts from commencement of the accounts.

• True signed and executed copies of all agreements in compliance with the Consumer Credit Act 1974.

• Details of the identity of any individuals or organisations who have provided you with my personal information together with copies of any letters of instruction provided by them, or any contracts entered into between yourselves and the third party, and the relevant dates to which those contracts related.

• Copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

• Full details and copies of any documents upon which you relied when you have provided my personal or financial information to any individual, organisation or third party.

• Full copies or transcripts of any computer logs or database records kept in relation to us or in relation to our financial or personal information.

• Full copies of any correspondence in postal, email or any other format which you have entered into with any individual, organisation or third party which contains my personal or financial information, or which pertains to me.

• Details of all systems you currently have in place to ensure our personal or financial information is kept securely, including details of those officers who currently have control of same, and at the time it was held or provided to a third party.

 

• Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

• Full hard copy print outs of any of my personal or financial information held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

• Your registration number with the Information Commissioners Office.

• Your Consumer Credit License number and expiry date.

• Mercers Debt Collection Limited Consumer Credit License number and expiry date.

 

Where reference to emails is given above, these emails should be taken from your email servers or backups / archives held in a magnetic or digital format. These emails may not be present on a user’s local system, and may require the assistance of your IT department / IT providers, who you should contact immediately for their provision.

 

Please confirm whether you hold a physical file with details of our personal and / or financial information. If so, please provide details and dates of any instance when this file has left your control, to whom it has been communicated, the method of transportation / communication e.g. Royal Mail, courier, by hand, electronically. Please provide a full copy of this file where my physical file has left your offices, please provide details of any precautions taken to ensure that my information has not been lost, misplaced or made available to anybody who does not have authorised access, including those who would use my information for the purposes of identity fraud, or registered with any credit agencies. Please also confirm whether any of the documents held within the physical file are computer generated.

 

Under S.40 of The Administration of Justice Act 1970, if you believe you have provided my information to any organisation, agent, or individual who could, or may have used it for unlawful purposes, you should contact me immediately, and provide full details of their identification and address, together with full details of any instructions you have provided to them. If you have forwarded or communicated my personal or financial information to any person, company, or organisation, please provide a copy of the authority, signed and dated by myself upon which you have relied prior to doing so. As requested above, you should provide copies on any such communications.

 

In complying with both the Data Protection Act and the Consumer Credit Act you are permitted to charge a maximum fee of £10 and that payment is enclosed.

 

Finally you are reminded that the Subject Access Request must be provided within 40 days of the date this recorded letter was sent

 

You are also reminded that the ICO state that whilst the maximum limit for compliance is 40 days Data Controllers should not use this as a guide for compliance and should whenever possible provide the information as soon as possible. If you do await the 40 day limit it may be found that you have not complied in supplying the information I require. In which case there would be insufficient time left for you to comply causing you to be guilty of an offence

 

Non-compliance with my request is a summary offence under the above Acts and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer or does not exist is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Finally, please understand that this alleged debt is now in dispute and all communication must be in writing. Since I have made formal requests under this legislation you are obliged to provide me with that information and your employees should not pursue the alleged debt. I would remind you of the law related to harassment and the OFT guidelines.

 

Section 40 of the Administration of Justice Act:

(1) A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he

(a) harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand,

(2) A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”

 

Furthermore your attention is drawn to:

Both the Office of Fair Trading and trade associations (run by the credit industry) have produced guidance on what activities may be considered harassment and should therefore be avoided by creditors. The following list is taken from the new Debt Collection Guidance for holders of consumer credit licences.

Creditors are warned by the Office of Fair Trading under the Debt Collection Guidance that the following practices are "considered unfair":

“PUTTING PRESSURE ON DEBTORS OR THIRD PARTIES IS CONSIDERED TO BE OPPRESSIVE.”

 

This includes:

• Contacting you too frequently

You are instructed with immediate effect to destroy all records of any phone numbers you may have where I can be contacted and to instruct all employees to not attempt to telephone me whilst this alleged debt is in dispute. Failure to comply will result in formal complaints to OFT, FOS and ICO requesting removal of your license to conduct any Consumer Credit trade and a complaint to the police seeking prosecution for harassment.

 

 

 

Yours sincerely,

 

 

 

 

xxxxxx

 

 

 

Hi belstar:)

 

I hope you don't mind if I borrow your fab CPR letter as I have acompletely unenforceable agreement with no prescribed terms and yet I have received a Notice of Intended Prosecution from Blair Oliver scott.

 

Milly X

[BelstarBomb]

Hi Milly,

 

No problem. I got it from Zubo and I think we are both happy to spread our knowledge!

 

Nedgas,

 

They should respond in full to your SAR request but believe it or not, they don't always. In theory, they should send you every single piece of information that they have on your whether it be on computer, filed or microfiche, telephone conversation transcripts etc. The should also send a certified copy of a properly executed CCA as well as all statements for the duration of your agreement.

 

HOWEVER, some banks only send say 6 years worth of statements saying they don't hold them for any longer, some send some of the other bits and no statements at all and some, quite stupidly, send nothing at all.

 

This is why you need to be very precise and patient in how you go about this as if you give them enough rope, they will eventually hang themselves!

 

If they don't respond in full to your SAR request you make a complaint about them to the ICO. You can do this online. You then send the offending bank a Letter Before Action letter giving them 7 days to send you the information that you requested. If you get nothing after 7 days you then need to download an N1 from from here, (I suggest you read the notes for completing it properly) and trot off to your local court, pay your £108.

 

The bank has no legal right to withhold any information it holds about you and the court has the right to force them to do so. If they don't have it, they will have to say in court that they don't have it or supply what they have and that's when it starts to get intersting!

 

For now, let's take one step at a time.

 

get your SAR out and let's see what the postman brings you!

 

BB

[BelstarBomb]

Nedgas,

 

Have just been reliably informed that I got the court fees wrong and after double checking, they are right.

 

Shouldn't be more than £30 or so. I was getting it confused with another case we are bringing.

 

BB

[nedgas]

Thats excellent, help will always be appreciated. SUBJECT ACCESS REQUEST going out today recorded 01/04/2009.

 

How can we force the issue on unenforcability as I just can not imagine alifax holding there hands up and accepting defeat.

 

What makes them accept defeat?

 

Any more advice will always be welcome.