No CCA agreement or Unenforceable - take them to court?

[humbleman]

My stragtegy for commencing legal action for non-complainace or no CCA

 

I would write to the CEO of the company along the lines

 

Dears mr CEO

 

I would like to bring to your attention... your company has been unable to supply me a properly executed agreement for an alleged account re: acc. no. 222222..... and contrary to the CCA 1974 your operatives are still seeking to enforce this agreement without realising that this is an offence, Before I commence legal action against your company in respect of such actions I would like a confirmation from you that you are either endorsing such actions or a confirmation that you will not harrase me for this alleged debt and that you will agree to conform to my earlier letter and stop transmitting any data to the CRA's. you might want to recite Ian McCartneys' letter....Larcos etc.

 

Please be warned that in the absence of a reply from you within the next 14 days I will issue proceeding jointly against you and your company.

[humbleman]

 

Date

 

Ian McCarty DTI

 

Ref: refusal or inability for the OFT to enforce defaults and offences of the consumer credit act 1974.

 

Dear Sirs

 

We write to you in a matter of great concern regarding the above.

Currently there are a number of creditors that blatantly disregard the requests made by members of the public to provide information as regulated by section180 of the act.

We have a number of records of cases where creditors have failed to comply with the copy of documents regulations in particular sections 77-78 and are currently in the position where they are not only in default by none compliance but have committed an offence.

The designated procedure in these cases is to report the offence to the OFT for investigation and subsequent prosecution if required.

We find however that the response we receive from the OFT is that they cannot afford to pursue the action.

The result of this is that the creditor continues unlawfully to pursue the debt, at times threatening to issue and register defaults at the CRA's causing undue stress and anxiety to the debtor/s.

 

We believe that you should procure an undertaking form such creditors that they will not be resuming collection activity on any account which they have defaulted upon, until such time as they have complied with any compliance under the act as requested by the debtor/s

A brief example of the cases currently in this position detailed below

 

Example

• 12 May 2007: Request received by capital one for copy documents undet section 77.
  
• 26th May 2007:No response after first statutory period 12 working days they are now in default.
  
• 26th May2007 Offence reported to OFT 25th May Case Number ********
  
• Creditor continues unlawful pursuance of debt.
  
• 26th June 2007:Stil no response From Capital with correct documentation.
  
• 27th june the creditor have now committed an offence this is reported again to the OFT.
  
• No action taken by OFT due to shortage of recources.
  
• Creditor continues to unlawfully pursue agreement irrespetive of the legisation.

Best regards

Peter

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My suggested addition in red