Is this loan unenforcible?

[beyondhope]

sent CCA and SAR together on 19/11.....was received 21/11 (have printed signature) so i count CCA response needed by (counting from 21/11) 10th dec? I wasnt sure if it was including weekends initially including weekends the 14days is up....anyhow ill give them until thursday to come up with agreement if it doesnt appear do i just send a standard no cca produced in dispute letter? thanks in advance

[emanevs]

have you got the non compliance cca letter??

[beyondhope]

is it this one??

 

Dear Sir/Madam

 

Account In Dispute

 

 

Ref:

 

Dear Sir/Madam

Thank you for your letter of 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 **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.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 77(6) states:

If the creditor fails to comply with Subsection (1)

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

Therefore this account has become unenforceable at law.

As 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 therefore request a copy of your official complaints procedure which you are obliged to supply.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully,

 

PRINT NAME, DONT SIGN (VERY IMPORTANT!!!)

[emanevs]

aye!

[beyondhope]

Thank you

[Dibbothe3rd]

cca is 14 days (dont forget the working days), subject access request is 40 days.

 

is this normal working days? as in Monday to Friday? because Welcome work weekends too so I guess we could imply its their working days!!

 

just like to put a little spanner in their works heh heh

[emanevs]

keep it simple i would, monday to friday.

 

they are probably working weekends to catch up on all of their complaints!

ha,ha

[beyondhope]

Dibbo stop causing trouble Im confused enough at the best of times without any spanners in any works

[Dibbothe3rd]

sorry heh heh, its my nature! they mess us around so why cant we mess them about. they deserve all they get!

 

will behave from now on though!

[beyondhope]

i absolutely agree! saying that i put the other account into dispute 14days from day of sending inc weekends and not 14 days from them receiving excluding weekends and ive not heard a peep from them....yet

 

you are lucky im quite awake today haha

[beyondhope]

account in dispute letter going out tomorrow.....(after postie has been just in case a miracle happens).....do i just leave it another 14days after that to see if they do anything?

 

funny how they gave me a photocopy a few weeks back but now cant supply a copy

[beyondhope]

am sending in dispute letter above tomorrow morning and cancelling DD at same time....

 

dispute letter says 14 days so im assuming i wait 14 days then what??

[beyondhope]

Mr Postman has just delivered my SAR - isnt it funny there is a SIGNED DD agreement for this account dated in 8/10/07 considering we didnt sign until Jan?? ill scan all the bits in tonight for you to have a look over advice on the next step most appreciated

Looks like they lost original agreement and made one up dated Jan as it says first payment due March 08 when we paid in Jan 08 before they are saying agreement was even signed!!! Soon as little people in bed ill get the scanner out anyway Thanks in advance

[beyondhope]

ok it appears after fighting the loan was rebooked without insurances.....altho no sign of reduction to balance from payments already made in dec and jan?? any ideas where i stand on this?

[emanevs]

have you got a list of all your charges?? they will be on your statements when you get them.

[emanevs]

if so, reclaim them!!!!! take em to court - I have, also report them to Financial Services Ombusdmen.

[emanevs]

Also send them a letter along the lines as shown below.

 

Clearly this account is in dispute:

 

Any further pursuing of this debt:

Should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading guidance on debt collection

 

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:-

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

I. Require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40.

 

The account is in dispute. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages.

 

Harassment by telephone

I also write in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing to myself and my family

 

I have verbally requested that these stop, but I am still receiving calls.

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded.

 

Harassment through any form of Home Visit -

(If we receive, or are threatened with, a Doorstep Visit)

 

The account holder will only communicate with you in writing. We have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

[beyondhope]

have you got a list of all your charges?? they will be on your statements when you get them.

 

 

yes I do...telephone calls at £20 and at £10 letters at £10 and a visit at £25 (which wasnt requested, they decided to hand deliver DD forms when royal mail mislaid them)

[beyondhope]

if so, reclaim them!!!!! take em to court - I have, also report them to Financial Services Ombusdmen.

 

 

quick question do you get back what it cost you to take them to court in the settlement as if its costly to do i dont think there are all that many to claim so we would still end up out of pocket....

[beyondhope]

Also send them a letter along the lines as shown below..

 

the account was put into dispute over no CCA which they have now provided can I still send this letter?

 

It appears we did resign the agreement without insurances in the jan and on going bk through all the toilet paper they sent they did take off the payments made before the resign

 

ALTHOUGH

 

we were given a cheque of £68.01 for the payment of insurances that was taken when they failed to cancel them and it appears they added that amount onto the remaining balance surely that has nothing to do with it? should i know write querying that as up until now all i have done is CCA letter and standard in dispute letter

 

sorry for all the questions

[beyondhope]

with them going belly up ill assume ill need this claim in asap advice on where to start or any particular threads to read for advice?

 

thanks in advance

[beyondhope]

*bump*

 

now they have provided cca shall i start on my queries to keep it in dispute?

 

thanks in advance

[mark1arby]

*bump*

 

now they have provided cca shall i start on my queries to keep it in dispute?

 

thanks in advance

Hello beyondhope. That is how I played it. With the help of the brilliant emanevs and other Caggers I also made sure I had answers for every single point they made in reply to my queries/ complaints. I used Case Law, any offical rules and regs I thought where pertinent, etc.

 

It didn`t take long then for them to agree there was a genuine dispute.

 

As far as I am aware they are sticking to their part. Nothing at all is being put onto the account ie: interest etc. Welscum and me are both just waiting for FOS to make their decision before anything else does happen.

 

This is the **** though. So I am checking my CRA files every month. Just in case.

 

Cheers, MARK

[beyondhope]

thanks for that Mark i'll have a little read through SAR again see if i can unearth anything else and see where to go seens as its not such a dodgy agreement as i first thought

[mark1arby]

Have you not received a reply to your CCA request?

 

Only your SAR?