SLC Cannot Supply The Original Agreement

[tamadus]

Ok, can we all please get back to rhsymonds thread and try and post constuctive ideas to make sure his/her claim goes as smooth as possible.

 

First do you have a thread of your own Ry? it's much easier to target information if you do, than post it into a general thread like this one.

 

First step I would recommend is to send a CCA 77-79 request (make sure you enclose the statutory fee of £1.00) and send it recorded delivery.

 

The sit back and wait for the 12 wroking days + 1 calendar month and see what they send. They should send a 'true' copy of the credit agreement, a copy of any document mentioned in it like T&C and a signed statement of the account. Anything less and they go into default after 12 working days. If the month passes they commit an offence.

 

After that month I would write to them detailing the error of their ways

[JonCris]

Never forget that even if they don't have a properly executed agreement the debt can still be proved and still exists,but it ain't enforcable None of the CCA threads are about avoiding a debt, you already know my views on that! they are more towards making the companies operate within the laws of this country. Couldn't agree more but they won't until they start losing large sums of money & the only way that will happen is when most consumers catch onto the fact that if the money lenders haven't acted within the law they can stuff them for the debt

[FANTASY CHARGES]

rhys If they do not comply within 12 days they are in default. If after a further 30 days (42 in total) they still do not comply they are then in criminal default which upon summary conviction carries a standard scale fine of £2.500 &/or imprisoment of 6 months

 

jon

 

i would like to quote the words in red can you or uniboy ( he specified the 8 week rule for responding to complaints) please quote the source of the facts ( i call it provenance) thanks

[FANTASY CHARGES]

jon

 

i would like to quote the words in red can you or uniboy ( he specified the 8 week rule for responding to complaints) please quote the source of the facts ( i call it provenance) thanks

 

 

AMAZINGLY ANswering my own questions here just found the answer

 

thanks to battleaxe on another thread

 

"Here you go Zubo Standard scale - Wikipedia, the free encyclopedia It's section 17 of the Criminal Justice Act 1991"

[un1boy]

AMAZINGLY ANswering my own questions here just found the answer

 

thanks to battleaxe on another thread

 

"Here you go Zubo Standard scale - Wikipedia, the free encyclopedia It's section 17 of the Criminal Justice Act 1991"

 

Hi Charges,

 

The 8 week "rule" is specified in the Financial Services and Markets Act 2000. I can't access all of the web until I'm at home, so haven't got a link, sorry.

 

Hope this helps!

[JonCris]

The 8 week "rule" is not binding on the consumer. The consumer can proceed at their own faster pace & should in order to keep control of the situation

[joesoap]

Wescot have failed to provide me with a true (or any kind of) copy of my CCA I had with MBNA. The 42 days are up. Can anyone provide/point me in the right direction towards a template for my next action, which should be.......? First time I've got this far.

[JonCris]

Yes read the FAQ's at the head of the site

[un1boy]

Wescot have failed to provide me with a true (or any kind of) copy of my CCA I had with MBNA. The 42 days are up. Can anyone provide/point me in the right direction towards a template for my next action, which should be.......? First time I've got this far.

 

Joe, contact Trading Standards to make them aware of the situation:

 

http://www.consumerdirect.gov.uk/complaints.shtml

 

Also, write back to the lender saying that you do not acknowledge the alleged debt and they may now have committed a criminal offence and that you are stopping payments.

[zubo]

Yes read the FAQ's at the head of the site

 

blimey, I havent read them - thought they were all about bank penalties - got me wondering now - is there stuff on CCA???

 

thought CCA was pretty much experimental right now????

 

ah well what do I know....

 

Z

[humbleman]

Can anyone provide/point me in the right direction towards a template for my next action, which should be.......? First time I've got this far.

I'm looking for one too, but can't find it

[JonCris]

Try this

 

Hello! Dear Plonker

 

CA 1974 (Consumer Credit Act)

 

As you are aware, I wrote to you on day/month/year requesting you supply me with the relevant information, which is my legal right under section 77-79 of the CCA 1974 and you had 12 days plus 30 days inclusive of holidays and weekends (ie until day/month) to respond to me with the information.

 

This time has passed and you have now committed a Criminal Offence under the said Act and it is my intention to report you for this criminal conduct to the appropriate authorities (Then do it in writing to TS & the Police. Don't make empty threats)

 

I also understand that under the Act, due to your failure to comply with my statutory request you or any acting agent are unable to enforce an agreement therefore I am ceasing any further payments forthwith and will seek to recover any payments made to date (assuming your making any)

 

 

DPA (Data Protection Act 1998

 

Furthermore under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

 

 

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

 

Yours faithfully

 

Mr. Stuff You

[zubo]

blimey, I havent read them - thought they were all about bank penalties - got me wondering now - is there stuff on CCA???

 

thought CCA was pretty much experimental right now????

 

ah well what do I know....

 

Z

 

Guys

 

Is this going to help?

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/79147-consumer-credit-act-resources.html#post698254

 

 

its moved goto

 

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/79147-consumer-credit-act-resources.html

 

Z

[zubo]

Try this

 

Hello! Dear Plonker

 

CA 1974 (Consumer Credit Act)

 

As you are aware, I wrote to you on day/month/year requesting you supply me with the relevant information, which is my legal right under section 77-79 of the CCA 1974 and you had 12 days plus 30 days inclusive of holidays and weekends (ie until day/month) to respond to me with the information.

 

This time has passed and you have now committed a Criminal Offence under the said Act and it is my intention to report you for this criminal conduct to the appropriate authorities (Then do it in writing to TS & the Police. Don't make empty threats)

 

I also understand that under the Act, due to your failure to comply with my statutory request you or any acting agent are unable to enforce an agreement therefore I am ceasing any further payments forthwith and will seek to recover any payments made to date (assuming your making any)

 

 

DPA (Data Protection Act 1998

 

Furthermore under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

 

 

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

 

Yours faithfully

 

Mr. Stuff You

 

JC

 

hope you dont mind. posted this into the resources above

 

Z

[JonCris]

No problem Z

[Fullyskinted]

FS

 

In which case they have nothing, zero, zilch. You need to send them a recorded letter thanking them for sending a copy of what an agreement looks like, but in the absence of your signature they have defaulted on the agreement - because they have failed to supply your true copy and that whilst in default they are not able to enforce the agreement, make any charges, default you, share data nor sell the debt. You should also insist that they remove any defaults they may have raised and confirm that they will not pursue the debt and will reduce it to a zero balance.

 

Z

 

Right - update time

 

Got a letter today from the same 'Credit Services' company entitled 'Payment Demand'

'Our client has placed your account with us for immediate collection.

 

then goes on to say to avoid further action I should forward a cheque for the full amoutn owed by return. Or I can call them and pay by card

 

At the bottom, last line 'If for any reason you are unable to make this payment by return, you must telephone this office immediately'

 

I had sent them a letter with the following content previosuly when they wrote to me advising me that I needed to make a payment as the account was overdue and Rob, Bob and Scot had advised them...

 

 

The account is in dispute and until Rob Bob and Scot supply me with the information which I am lawfully entitled to under the CCA 1974 Section 78. They have committed an offence which carries a £2500 fine and/or a 3 month prison sentence. Further to this they have now committed further offences by requesting funds from me and now another by passing my details to you.

Whilst the account is in dispute and unenforceable no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (24th January 2007).

RobBoband Scot have therefore committed a further offence and if you continue with action against me (Insert credit company name ) will also be committing the same offences.

Please refrain from calling me on the telephone. I will not discuss any aspect with you and will consider any other action as harassment and an offence under the Telecommunications Act.

What should I do?

 

Im REALLY busy with other stuff at home at the moment hence why I havent been on lately

[Movingon]

You should report them to Trading Standards (Consumer Direct) straight away... they are courting prison sentences. It may also be worth involving the Police although I'm pretty sure all aspects of CCA enforcement are delegated to TS. Your letter was absolutely right above and they have NO RECOURSE. You should now write to the DCA, send them a copy of the letter you sent and state that you will enter into no further correspondence with them as the account has been in dispute for some time and that they are therefore holding the account unlawfully.

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[Guest Battleaxe]

Sadly, the police just aren't interested in this type of complaint. been down that frustrating path. it has to be the stat authorities to pursue this.

[Fullyskinted]

Ill give em a call later.

 

Thanks and Ill let you know what they say!

[joesoap]

I haven't had a reply to my CCA request from Wescot (acting on behalf of MBNA) and I am just about to fire this off. Can someone have a quick read through to make sure it is hunky dory. I have missed off the bit about defaults as according to my credit file (basic), I do not have any debts; I know this is wrong because I have rather a lot but none of my creditors have listed any. Cheers

 

I wrote to you by recorded delivery on 13th February 2007 asking for a copy of the agreement under S77-79 of the Consumer Credit Act 1974 which is my legal right, enclosing a fee of £1. This letter was delivered and signed for on 14th February 2007 according to the Royal Mail.

 

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 calendar month, your company commits an offence. These time limits expired on 2nd March 2007 and 2nd April 2007 respectively. I have still not received a copy of my agreement as required by S78 Consumer Credit Act 1974. The time limits have expired and you have now committed a criminal offence under the said act and it is now my intention to report you for this criminal conduct to the appropriate authorities. As an offence of this nature may have an impact on your ability to hold a credit licence, it is important that you give this letter your immediate and prompt attention.

I also understand that under the Act, due to your failure to comply with my statutory request you or any acting agent are unable to enforce an agreement therefore I am ceasing any further payments forthwith and you should repay any payments made to date.

Furthermore under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the Office of Fair Trading (OFT) guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

 

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

[Movingon]

Letter is fine; although to be honest I would be tempted to simply stop paying and leave it at that. It is entirely your call however.

 

Which CRA's have you checked your credit file with? There are three (they are all commercial organisations and therefore hold different data) Experian, Call Credit and Equifax.

 

Check all three and if nothing is recorded on you then you arevery lucky and should keep schtumm.

[joesoap]

Letter is fine; although to be honest I would be tempted to simply stop paying and leave it at that. It is entirely your call however.

 

Which CRA's have you checked your credit file with? There are three (they are all commercial organisations and therefore hold different data) Experian, Call Credit and Equifax.

 

Check all three and if nothing is recorded on you then you arevery lucky and should keep schtumm.

 

Cheers Stoney

 

Yes, I've checked all three and apart from a CCJ with Amex (which was put on without my knowledge; but that's another story and I'm investigating), there's nothing shown, even though I have Credit Security collecting on behalf of Barcs, Wescot on behalf of MBNA and Logic on behalf of BOS. Who's a lucky boy? Sh*t's bound to hit the fan eventually; but you never know.

[Yasmin]

Next have not supplied the credit agreement. I sent them a statutory request months ago but have been so busy with other issues, so put it off till now. They sent me a letter dated September, last year stating that they do not hold an agreement, and stating they are frankly shocked that I do not acknowledge the debt! They also say that they will not remove the default and...

 

"Next acknowledge that the absence of a signed credit agreement means that the debt cannot be enforced by law. It does not mean however, that it is not a debt. Next is entitled to enforce the debt as long as that does not include court proceedings and Next will continue to seek payment of the outstanding balance until such time as it is paid in full"

 

I have not heard from them since, but they are refusing to remove adverse credit. Any advice on how I should proceed would be gratefully accepted.

[Movingon]

Write to them and state that as they acknowledge that the debt cannot be enforced you have ceased payments permanently. Let them know that unless they remove the default from your record immediately you will contact TRading Standards and the Information Comissioner with a complaint that they are processing your data unlawfully.

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[Yasmin]

Thanks StoneL. Will get writing. Started online dispute with credit ref. agency. waste of time that was! Just thought they might feel under pressure and remove it, in my dreams...