No response to CCA request

[MondeoST24]

Hi,

 

Sent the standard CCA request letter on 1st December.

 

I have heard nothing.

 

What's the next step, should I consider the agreement unenforceable and just cancel my direct debit, or do I need to write a second letter?

 

Thanks

[fedup74]

Hi Mondeo. A lot of people on here don't send the account in dispute letter as they will ignore it anyway. The account is in default so you are within your rights to cancel your payments. What is it for- CC/loan? How old is the account? Personally, if it was me, I would wait and see what their response is when you stop payments and if they still hassle you then send dispute letter. As I said they will ignore it but at least you have a paper trail validating your dispute should they take it further. (which they will:rolleyes:) Good luck.

 

P.S. If they send you anything, post it up here and peeps can see if it is enforceable (prob not with MBNA!!)

[MondeoST24]

Hi Fedup,

 

Its a credit card, circa £2,000 balance.

 

Thanks for the info, I will cancel DD from January and see what happens.

 

Cheers

[MondeoST24]

A lot of people on here don't send the account in dispute letter as they will ignore it anyway.

 

Could someone post a link to this letter, i've searched high and low!

 

Cheers

[fedup74]

There you go Did your CCA request say section 77-79 of the Consumer Credit Act or section 78?

 

 

 

In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letters of xx/xx/xx and xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 78(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

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

 

If the creditor 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 this account has become unenforceable at law.

 

You have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

Edited January 19, 2009 by fedup74
s 78

[MondeoST24]

It said 77-79 - is that correct?

 

Thanks

[fedup74]

Yes that's fine, just some request it under sec 78 which is for a credit card. But 77-79 covers it.

 

I have edited the letter to sec 78 but if you have sent it, it will be ok.

Edited January 19, 2009 by fedup74
last bit

[gazzacb]

Any updates on the response from MBNA on this?

[MondeoST24]

I finally received a response from MBNA. They sent a copy of an application form!

 

There is no mention of credit limit, APR or repayment terms anywhere on the document. Does that render it unenforcable?

 

Also i'm not sure if its important but its a bank of scotland document, the card is a sonycard and I think MBNA must have took it over partway through.

 

Thanks

[MondeoST24]

Anyone? Whats next, should I just sit back and wait for them to take action?

 

Thanks

[fedup74]

Send them this- if it has no prescribed terms in the signatory document then it is unenforceable:)

I do not acknowledge any debt to your company

Dear Sir,

 

Re:− Account No;

 

FORMAL NOTICE - ACCOUNT IN DISPUTE.

 

This letter is further to letter from yourselves dated (enter date).

On the (enter date) I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

To date you have failed to comply with these requests as you have sent a copy of an application form, and not the signed, executed credit agreement. As you know you must provide me with a copy of the executed agreement upon request as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.

 

These limits have expired.

 

As you are no doubt aware the Consumer Credit Act states:

 

If the creditor fails to comply with Subsection (1)

 

He is not entitled , while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counter-claim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days of the initial request to stop processing my details, provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’. You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit including but not limited to Trading Standards, the Office of Fair Trading, the Information Commissioners Office, The Financial Ombudsman Service and my MP .

You have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[MondeoST24]

Okay I have sent the letter.

 

I recieved 6 telephone calls from India on saturday, starting at 07:50 AM. My parents recieved 5 calls starting at 08:30 which I was livid about.

 

Thanks

[MondeoST24]

The calls have stopped, completely.

 

Not sure why, have I won?

[MondeoST24]

Had a message on my mobile today, an Irish woman. She said she was from MBNA and would like to speak to me.

 

This is not true to from from the indian callers, they never left voicemail, also it was an 01244 (chester) number to call back on.

 

Is this a different department perhaps?