1st Credit CCA request

[tiggerjaye]

Hi everyone - I posted previously on the link below but can't access the email address to login with that account...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/152479-help-needed-stat-demand-3.html

 

In short, credit card debt which they sent me a 'Stat Demand' so I sent CCA request.

 

CCA received in mid July and have today (4months later!) received an envelope full of statements. No agreement or application just credit card statements...

 

What should I do next?

[blipvert]

send a letter that refers to your previous request for a CCA and that you would appreciate a reply.

 

Short and to the point.

[IdaInFife]

Dear Sirs,

Account no xxxxxxxxxxxxxx

 

Re: my request under the Consumer Credit Act 1974

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

My request remains outstanding. A statement of account with no personal details on it, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A statement of account neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until xx/xx.2008 (12+2 working days after the request was made) to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

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

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation.

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

I expect you to write to me confimring that the account has been closed and no further action will be taken.

I look forward to your reply.

Yours faithfully

 

 

Ida x

[tiggerjaye]

Thanks I'll get that done today! Many many thanks! xx

[tiggerjaye]

Just an update - Ist Credit have sent reams of c card statements.. but no agreement or anything like.. so I'm sat tight waiting for their next response....

[42man]

Keep us posted as/when/if you hear back...