Think I need a Solicitor

[ManSizedRooster]

Hi All

 

 

 

Could I get your opinion on this please?

 

 

I (having defaulted with AMEX 4 years ago) wrote to them in March of this year asking for a copy of the agreement under s.78 (1) Consumer Credit Act 1974 in addition to a copy of the default, statement of account and deed off assignment. More than a month on they have done all but provide me with a copy of the agreement, they haven't even acknowledged that I requested it in their correspondence. s.78(6) of the Consumer Credit Act says '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.'

 

How should I proceed with this?

 

 

Kind regards

 

MSR

[ladybird17]

Send the non-compliance letter from the templates library and complain to TS etc. Are you sure the time-limit is up yet?

[ManSizedRooster]

Hi

 

It’s more than a month since I requested a copy of the agreement. The act says that if a creditor fails to comply with the request then 'if the default continues for one month he commits an offence'.

[ladybird17]

you need to give them 12 working days (+2 for posting) then a further one calendar month - so what's your interpretation of "more than a month?"

[ManSizedRooster]

I sent the first letter on the 19th of March. Since then I have received a statement of account, confirmation that there is no deed of assignment and a copy (unsigned) of the default notice.

[ladybird17]

Right they're over the time frame. Come to think of it I don't think there is non-compliance letter for CCA's in the templates, there is for S.A.R - (Subject Access Request)'s - I may have been thinking of that.

 

How did you pay? - if by cheque, has it been cashed?

Did you just write to Amex or to the DCA as well?

IMHO you should also CCA the DCA, poste haste, as Amex can come back and say they don't hold your agreement the DCA does. I woud also write back to Amex and say you haven't recived your CCA as requested, and where is it.

[ManSizedRooster]

No I don't think they did cash the cheque, I'll have to check. What's the DCA?

[ladybird17]

Debt Collection Agency

[ManSizedRooster]

Ahh thanks.