how long do i wait

[babynan]

anyone got a link for this - struggling to find it...

 

 

Hi Cresswell,

 

Start from the home page and you will find this template in the Bank Templates library, scroll down below the stickys and you will see a heading ' Data Protection Act - Non Compliance - template Letters.

That link will show 3 letter templates, check to see which one you need to use.

 

Good Luck:)

[Movingon]

Hi Cresswell,

 

Start from the home page and you will find this template in the Bank Templates library, scroll down below the stickys and you will see a heading ' Data Protection Act - Non Compliance - template Letters.

That link will show 3 letter templates, check to see which one you need to use.

 

Good Luck:)

 

DING DING!!! WRONG.

 

These letters are (as the title suggests) to do with non-compliance to a Subject Access Request under s.7 of the Data Protection Act. Nothing whatever to do with the Consumer Credit Act.

[gizmo111]

Originally Posted by babynan

You should now send the letter of ' Non-Compliance to CCA Request'. It is in the Bank templates....

 

What is the basis of this and what woudl you hope to acheive?

There is no template on this site to my knowledge for this sort of letter.

[cresswell80]

thought i couldn't find one!!

[babynan]

DING DING!!! WRONG.

 

These letters are (as the title suggests) to do with non-compliance to a Subject Access Request under s.7 of the Data Protection Act. Nothing whatever to do with the Consumer Credit Act.

 

:o Sorry everyone, I was looking at this but thinking about what was happening in regards to my bank claims as well... Really sorry:oops:

Anyway Cresswell I dont know if this will help you at all but I sent a letter similar to this when I did not get a proper CA, Hopefully this will make amends for my stupid mistake

 

I refer to my letters dated XXXXXXXX which was delivered via recorded delivery to your offices on XXXXXXXX, and my follow up letter dated XXXXXXXX.

 

In my letter xxxxxxI made a formal request for a copy of the signed, executed credit agreement for the above numbered XXXXXXXX account under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively.

 

As you are no doubt aware subsection (6) states:

 

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.

 

Therefore as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.

 

Failure to respond favourably to this letter within seven (7) days of receipt will result in immediate litigation being commenced against your company without further notice.

 

I await your rapid response.

Good Luck

[cresswell80]

ok thanks... did they remove the records from your credit file? did they respond? i'm going to pen something similar but cc in TS too... also make reference as to why they're still chasing me for the debt!!!

[babynan]

HI,

Guess what, I did not get any response so I sent another letter to the credit company, the DC and their solicitors. Which I have pasted below. But I am now in the process of waiting for a response to as SAR request to the credit company because this is a little bit messy as it is a catalouge, the story is that goods ordered were 150.00 about 6 years ago, but they added something called 'extra care' onto this and refused to remove this charge, all gets quite long winded, anyway so far 450.00 has been paid to them and it has been handed to about 3 different DBA's over the time and they are still trying to get a further 360.00, so we intend to claim back the ' charges ' once we have the figures, more so since they are not able to provide a credit agreement., we will take this to court if need be and at the same time fight to have the default notice removed as the original debt of 150.00 was paid correctly etc.

Hope that you get on ok with yours.

This is what I sent after no response as I am still waiting for account info:

 

This alleged debt is in dispute

Dear Sirs,

I am in receipt of your letter dated 13th March 2007 letter ref: CCA2 in relation to my request for you to supply me with a true certified copy of the credit agreement under which this account is conducted. You have enclosed a copy of a recently printed agreement which is not what I requested and does not comply with your legal requirements. .

 

Once again I remind you of your duty to supply all documentation under sections 77 and 78 of the Consumer Credit Act 1974. . In addition to a signed Credit Agreement a statement of my accountshould have beensentalong with any other documents. If you are not sure of your responsibilities and the exact documentation you are required to supply under this act, then I suggest you research thoroughly in order to carry out your legal obligations.

 

I remind you that you are currently in default under s78 [6]of the Consumer Credit Act 1974 and that non-compliance with my request is an offence.

Furthermore you are reminded that under the same sub section,

whilst the default continues you are not entitled to enforce the agreement in law.

 

I look forward to hearing from you.

 

Yours faithfully .

[crinanjon]

Hi folks,

As some of may remember, we managed to get 2 loans of £2k and £2.7k written off a few months ago thanks to the help and advise from this website.

We have three debts left and my brother is giving us £35 each month to pay these off.

We have a couple of debts to store cards which have both accepted payments of £10 and £15 per month repectively, so these are going ok.

However, we also have a debt of £620 with Northern Rock. I have cobbled together a letter to send to Northern Rock offering them the other £10 per month. Can you please have a read through to check that it all sounds ok. Cheers. (And thanks again for previous help, we are both managing to get some sleep at night for the first time in years!!)

 

Dear Sir/Madam

 

Re Account No/Reference No:- 4563210025897412

 

Since making that above agreement with you, our circumstances have changed.

 

We cannot now afford to agreed monthly payments because I was recently and unexpectedly made unemployed.

 

We enclose a Personal Budget sheet which shows our total income from all sources, and our outgoings, which shows that our outgoings are greater than our incomings. As such we are only able to make payments to our various creditors through the kindness of a family member.

As you can this family member is able to give us the maximum of £35 each month for our creditors. The offers we have made to our creditors have been worked out on a pro-rata basis, and we have written to all our creditors asking them to accept reduced payments.

In the light of the other creditors agreeing to our repayment plan, please would you consider our offer of £10 per month for the next 4 months. (As you can see from out payment plan this is the maximum we can possibly offer).

The payments will be made by bank transfer at the end of each month.

As stated, our other creditors have accepted the offers made to them and we have commenced payments.

The remainig £10 in our payment plan is the absolute maximum that we can pay, so if you feel that you cannot accept this offer, we invite you to sue us for the debt, when we shall have the opportunity of offering £10 per month through the courts. In addition, once judgment is granted we understand that further interest will be suspended in any event.

We also wish to draw your attention to the fact that according to the ‘Overriding Objectives of the new Civil Procedure Rules’ the court expects the parties “to act reasonably in trying to avoid the necessity for the start of proceedings”.

As our outgoings are greater than our incomings, we are sure that the court will rule that we have acted reasonably by offering our remaning £10 per month.

We also now require all further correspondence from your company to be made in writing only (we have not had a landline for some time, and we are no longer able to afford the use of a mobile). Any calls to our telephone number go automatically to a voice-answer service which we cannot afford to retrieve. As such only communication via letter will reach us.

Yours faithfully

[monstris]

Judging from the queues outside every branch of Northern Rock over the past two days, Northern Rock may suddenly find a dearth of customers and turn into a Northern Pebble.

[crinanjon]

i have to smile at their problems (cruel, I know).

Does my letter sound ok?

[crinanjon]

Hi folks,

As some of may remember, we managed to get 2 loans of £2k and £2.7k written off a few months ago thanks to the help and advise from this website.

We have three debts left and my brother is giving us £35 each month to pay these off.

We have a couple of debts to store cards which have both accepted payments of £10 and £15 per month repectively, so these are going ok.

However, we also have a debt of £620 with Northern Rock. I have cobbled together a letter to send to Northern Rock offering them the other £10 per month. Can you please have a read through to check that it all sounds ok. Cheers. (And thanks again for previous help, we are both managing to get some sleep at night for the first time in years!!)

 

Dear Sir/Madam

 

Re Account No/Reference No:- 4563210025897412

 

Since making that above agreement with you, our circumstances have changed.

 

We cannot now afford to agreed monthly payments because I was recently and unexpectedly made unemployed.

 

We enclose a Personal Budget sheet which shows our total income from all sources, and our outgoings, which shows that our outgoings are greater than our incomings. As such we are only able to make payments to our various creditors through the kindness of a family member.

As you can this family member is able to give us the maximum of £35 each month for our creditors. The offers we have made to our creditors have been worked out on a pro-rata basis, and we have written to all our creditors asking them to accept reduced payments.

In the light of the other creditors agreeing to our repayment plan, please would you consider our offer of £10 per month for the next 4 months. (As you can see from out payment plan this is the maximum we can possibly offer).

The payments will be made by bank transfer at the end of each month.

As stated, our other creditors have accepted the offers made to them and we have commenced payments.

The remainig £10 in our payment plan is the absolute maximum that we can pay, so if you feel that you cannot accept this offer, we invite you to sue us for the debt, when we shall have the opportunity of offering £10 per month through the courts. In addition, once judgment is granted we understand that further interest will be suspended in any event.

We also wish to draw your attention to the fact that according to the ‘Overriding Objectives of the new Civil Procedure Rules’ the court expects the parties “to act reasonably in trying to avoid the necessity for the start of proceedings”.

As our outgoings are greater than our incomings, we are sure that the court will rule that we have acted reasonably by offering our remaning £10 per month.

We also now require all further correspondence from your company to be made in writing only (we have not had a landline for some time, and we are no longer able to afford the use of a mobile). Any calls to our telephone number go automatically to a voice-answer service which we cannot afford to retrieve. As such only communication via letter will reach us.

Yours faithfully

[gizmo111]

I would just use the simple template, no need to go on about phones not working and CPR, this is NR who won't accept it anyway, but jsut carry on paying it , if thsi is all you can afford this is all you can have. Is your brother giving you this money or are you borrowing it off him?

 

Whats going to change in 4 months time?

 

2 threads merged please keep to one.

[payingonlyencouragesthem]

i have to smile at their problems (cruel, I know).

Does my letter sound ok?

 

I would put more emphasis on the "changing circumstances" bit. You might strike a sympathetic cord.

[ncf355]

I take it you have done s 78 request to make sure the loan agreement is lawful?

[crinanjon]

the loan agreement in lawful. the change in 4 months is that I start new job then.

brother is giving me the money until then.

[Goldlady]

Have you asked them to freeze the interest? All of your creditors that is. Mine did - well all but one:mad:

[gizmo111]

Have you a house?

[debtsurvivor]

I agree with Goldlady you must ask them to freeze all charges and interest something along the lines of:-

"If interest or other charges are being added to the account, I would be grateful if you would freeze these so that all payment made will reduce what I owe you."

When they reply make sure they agree to this you might find it useful to speak to National Debtline National Debtline England & Wales, for FREE CONFIDENTIAL and INDEPENDENT ADVICE call 0808 808 4000

And yes if your certain that you circumstances will be changing in four month then tell them whats happening. I did this about two years ago and all of my creditors accepted payments of only £1 for a period of 5 months three creditors refused at first but I just paid the £1 and sent a second letter telling them who had agree and that they were out of line.

Good luck with everything - DS

[ncf355]

Hi,

 

I know you say you have had a copy of the agreement and its ok, but have you posted it on here?

 

If you give us all a look over it (and post a link to this threadt at the main CCA thread in General Debt) I'd be very surprised if it wasnt at the least improperly executed, which would make it enforceable by cour order only

 

Worth a try if you can scan it and post it

 

(make sure you scan it at a high res so it can be read properly though, I'd say at least 300dpi)

[Mr. Kipling]

Judging from the queues outside every branch of Northern Rock over the past two days, Northern Rock may suddenly find a dearth of customers and turn into a Northern Pebble.

 

heh. I drove my bus past our local branch 4 times yesterday. the queues were massive, right round the block every time. The only time the queues had gone were when it had closed

[crinanjon]

The other day I posted a thread about a letter I was drafting to Northern Rock about a loan I have with them. (I was going to offer them £10 a month because I am well and truely skint).

One of the forum members asked me if I had received the CCA, and I replied that I had. He then urged me to examine it closely to make sure it was all correct. (I must admit I had only given it a quick look).

However, when I looked at it again this morning it turns out that they have not sent me a copy of the CCA. Istead they have sent me a copy of my original loan application.

I requested the CCA over 3 months so surely they can't keep calling me and sending me letters asking for payment?

[crinanjon]

anyone?

[rory32]

I requested the CCA over 3 months so surely they can't keep calling me and sending me letters asking for payment?

If all they've got is a copy of the loan application then the debt is unenforceable. Have contacted them at all to inform them of this? Have you sent them the harassment by telephone letter? http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

[crinanjon]

I sent them this:

 

Dear Sir/Madam

 

Re:- Account/Reference Number

 

 

As you are aware, on August 2nd I wrote to you via recorded delivery, which was delivered on the 03/08/2007, requesting a true copy of the signed credit agreement. I am entitled to this under the terms of sec’s. 77(1) and 78(1) of the Consumer Credit Act (CCA) 1974, I also enclosed the statutory maximum fee of £1 in the form of a postal order.

You wrote back acknowledging my letter and stating that a full copy would be “forwarded to me within 28 days”. In the mean time you have repeatedly bullied me into agreeing to payment commitments I could not afford.

 

To this date I have not been provided with a signed agreement under the consumer credit act within the required time frame, despite my properly formatted and paid for request.

I assume you are familiar with the consumer credit act and therefore well aware that the debt is legally unenforceable if an executed agreement cannot be provided within a certain timeframe. This timeframe has now passed, (as has the timeframe of 28 days stipulated by yourself).

 

I therefore do not acknowledge any “debt” to Northern Rock plc and I will not be making any payment against this "debt" as it is now unenforceable. I would also like to remind you that failure to comply with a CCA request is a criminal offence under the terms of the Consumer Credit Act, which I have reported to the appropriate authorities, including but not limited to the Office of Fair Trading, Trading Standards and the Financial Ombudsman. Also non compliance with the original request is therefore a complete defence to any court claim that is issued.

The Office of Fair Trading, Trading Standards and the Financial Ombudsman have been notified of your failure to comply with a CCA request and that you and/or representatives have committed a criminal offence under the terms of the Consumer Credit Act

I have been advised by Citizens Advice to record any further calls from Northern Rock and pass details of the calls onto the above authorities. They have also told me to pass any further letters from Northern Rock onto the same above authorities.

 

I have also taken legal advice and have been told that as this debt is now unenforceable, any further contact from Northern Rock will be deemed as harassment and will result in legal action against yourselves.

I know that you will write to me threatening legal action. I am happy for this to go to court as you will have to stand before the judge and admit to committing offences under The Consumer Credit Act 1974.

You may also decide to pass this onto a debt collection agency. As you have failed to comply with a CCA request, this will be seen as continued harassment from Northern Rock and you will be in further breach of the Credit Consumer Act of 1974.

I urge you to read the whole of this letter very carefully. As, as of today, the

18th September 2007, I no longer acknowledge any debt to you as you have clearly committed offences in repeatedly breaching The Consumer Credit Act 1974 .

Any further requests for payment from you or your representatives will be thrown straight in the bin and reported to the above trading offices, and any visits by collections agents will be refused and reported to the above trading offices.

Yours faithfully

[crinanjon]

Have a loan with Northern Rock. Got laid off work so couldnt pay for a few months. I wrote to NR and told them and said that I would start paying again when I was back on my feet.

Anyhow, received a letter from them saying that as I hadnt made any payment for three months they had terminated my contract with them.

As far as I know, my contract was that I paid them. So if they have terminated this contract does this mean that technically I dont have to pay them anymore???