Complaining under the CCA 1974

[deemacperth]

I haven't seen a standard letter, so I've knocked one up. I would ask that everyone that can complain, do so. The more dodgy DCA's and banks we get brought to heel, the better it is for the consumer in the long run.

 

[Your name]

 

The Director General

Office of Fair Trading,

Fleetbank House,

2-6 Salisbury Square,

LONDON,

EC4Y 8JX

 

 

Dear Sir / Madam

 

 

 

Consumer complaint under the Consumer Credit Act 1974

 

 

 

 

I would like to draw your attention to [Whomever] who have breached my rights under the Consumer Credit Act 1974 ("the Act").

 

 

[Whomever] are pursuing me for an alleged debt on behalf of [Whomever]. This is for a DCA, edit if not your circumstances I sent a request in exercising my rights under section 78 (1) of the Act requesting a true copy of the alleged agreement, this is enclosed. [Whomever] are obliged to supply these documents, under Section 189 of the Act. [Whomever] have claimed the Act does not apply to the alleged agreement as they claim it has been terminated. At no time have I received a signed true copy of the default notice as proscribed by section 87 of the Act or a copy of the termination notice as proscribed by section 98 of the Act. This is additional for my circumstances, if they have told you your acount is terminated/defaulted and you haven't ever received notice of such, then it isn't.

 

[Whomever] have failed to comply with my request within the 30 days as laid down by statute and have committed a criminal offence as proscribed by the Act.

 

I would ask that the office of fair trading take action against [Whomever] for their clear breach of consumer rights. My requests for information and clarification with [Whomever] has been met with a flurry of misleading and misrepresented information regarding my consumer rights, contrary to Section 1 of the Malicious Communications Act 1988 and Section 40 of the Administration of Justice Act 1970. This is additional for my circumstances, if they have told you complete porkys or threatened you with Court, bailiff visits, etc then leave this in. If they haven't, take it out.

 

 

For the reasons stated above, it is my belief that [Whomever] are not fit to hold a consumer credit licence and seek revocation of the same.

 

Yours faithfully,

 

[Your name]

 

 

Cc [Whomever] Send them a copy, let them sweat

Cc Trading Standards Institute Send trading standards a copy as well.

 

If anyones got any improvements, lets get them added and make a default letter.

[deemacperth]

Another sample letter, but to Trading standards and complaining about credit card companies breaching section 85 as well.

 

[You]

 

[Local Trading standards office

for the companies registered office]

 

 

Dear Sir / Madam

 

 

 

 

Consumer complaint under the Consumer Credit Act 1974

 

 

 

 

 

[Your account number]:

 

 

XXXXXXXXXX

 

 

 

 

I would like to draw your attention to [Whomever] who have breached my rights under the Consumer Credit Act 1974 ("the Act").

 

 

 

I sent a request exercising my rights under section 78 (1) of the Act requesting a true copy of the original credit agreement, this is enclosed. [Whomever] are obliged to supply these documents, under the Act.

 

[Whomever] have failed to comply with my request within the 30 days as laid down by statute and have committed a criminal offence as proscribed by the Act.

 

I must also point out [Whomever]failure to comply with section 85 (1) of the act which states:

 

 

 

 

85 Duty on issue of new credit-tokens

 

 

(1) Whenever, in connection with a credit-token agreement, a credit-token (other than the first) is given by the creditor to the debtor, the creditor shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it.

 

During the lifetime of my credit-token agreement, I have never been issued with a copy of the executed agreement when receiving a new credit-token. This is a clear breach of the quoted section.

 

I would ask that the trading standards office take action against [Whomever] for their clear breach of consumer rights. My requests for information and clarification with [Whomever]have been met with silence.

 

For the reasons stated above, it is my belief that [Whomever] are not fit to hold a consumer credit licence and seek revocation of the same.

 

 

Yours faithfully,

 

[You]

 

 

 

Cc [Whomever]

 

 

Cc Office of Fair Trading

 

 

[deemacperth]

Please note that consumers aren't meant to complain to the OFT direct, that's why you should write to the Trading Standards for the companies registered office.

 

You can find it by sticking the post code of their registered office here:

 

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

Send a copy to the OFT at the same time, it can't hurt.

[Guest The Terminator]

Another sample letter, but to Trading standards and complaining about credit card companies breaching section 85 as well.

 

 

[/left]

Im glad you brought up S85 please read the threads under Consumer Credit agreement (1974)

[gargoil]

[Whomever] have failed to comply with my request within the 30 days as laid down by statute and have committed a criminal offence as proscribed by the Act.

 

 

I think you need to say "I believe they have commited a criminal offence!"

[deemacperth]

Section 78 (6) of the Consumer Credit Act 1974

 

(6) 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.

 

As set out by statute, I've asked, they've failed.

[gargoil]

But your not a judge and jury so I don't think you should say they have commited an offence. I think you need to say "I believe" they have commited an offence!

[deemacperth]

I'll let them try and sue me for libel.

 

But, if it makes anyone less nervous, you can enter the word 'believe'