CCA agreement question.

[adrian007]

Hi, I have read the thread by Gizmo above and think I'm OK, but I would just like clarification.

 

I have asked Capital 1 and Citi for copies of my CCA agreements - I have asked 2 others as well, but no replies yet.

 

Capital 1

 

Have sent me a copy of my current terms and conditions and that's it. I'm sure that's not right, so just need to know my next step - I think it's to write and say 'it's an unforcable debt, stop charging me interest and charges.

 

I'm sure I've seen a letter, but I'm blowed if I can find it now, so any pointers would be great.

 

Citi

 

Have written saying that the 1983 act does supercede the the 1974 act and they just need to provide me with current terms which as issued when they send me a new card.

 

I'm not sure what to do with this response - it seems quite well thought out. I'll copy type the letter into the next post.

 

Help would be most appreciated.

 

Adrian

Edited December 15, 2008 by adrian007

[adrian007]

Citi's reply reads like this: (paragraphs and quote marks as set out by them)

 

__

 

Thank you for your recent request for information. We regret to inform you that Section 78 CCA 1974 does not require Citifinancial to provide you with a copy of the executed agreement as you appear to believe. It requires Citifinancail to privide you with a "copy of the executed agreement" as defined by the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. The obligation to provide you with that document is fulfilled by the provision of the terms and conditions whcih are supplied to customers on reissue of their card, being printed on the card carrier. We enclose a copy of the terms and conditions for your account. This is an industry standard document and conforms to the regulations. We set out below a summary of the same for your information.

 

180 power to prescribe form etc of copies

(1) Regulations may be made as to the form and content of documents to be isued as copies of any executed agreement, security instrument or other document referred to in this act and may in particular -

 

(a) require specified information to be included in the prescribe manner in any copy, and contain requirements to ensure that such information is clearly brought to the attention of a reader of the copy.

(b) authorise the omission from a copy of certain material contained in the original, or the includion of such material in condensed form.

 

The conusmer Credit (Cancellation Notices and copies of Documents) Regulations 1983 make it clear at Reg 3 that the "copy executed agreement" is not required to be an exact replica of the origianl agreement par se but an extract since it allowed to omit certain information including any signature box, signature or date of signature.

 

__

 

Help!

[PGH7447]

Send by recorded....and edit as required

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

__________________

 

[martythemartian]

PGH

 

Will this letter work with hillesdon securities i sent a cca request in nov 07 and have at least seven 21 day letters from them. they have defaulted my account so getting credit seems to be impossible

[dx100uk]

PGH

 

Will this letter work with hillesdon securities i sent a cca request in nov 07 and have at least seven 21 day letters from them. they have defaulted my account so getting credit seems to be impossible

 

i would be inclined to start your own thread, but yes the letter would help.

however, i think these are fishing for muggs letters!

 

if they have no legal right to default you then you need to write to the CRA and get an ammendment or demand they check the facts first before putting the default on for hills.

 

no CCA = cannot register defaults or chase debt

 

dx