Please help - no1 has replied :-(

[Robbda]

Guys please help i don't know what to do - second deadline for CCA has expired - still no response but they cashed the cheque

 

I bought a car in 2005 on HP, I paid all the payments and was due (i thought) to make a bubble payment in 2007 (i lost the paperwork having to make a swift exit from a house i owned with a violent ex) - i contact them and changed the address

 

I rang in June 2007 and said i didn't think i could afford the bubble payment at the moment - what could i do (and note: changed my account address again as i had moved out of my parents). They guy told me not to worry i didn't need to pay it til sept 2008. I also found out that my car finance company had completely changed (recieved no notification!)

 

I May 2008 i lost my job and set up a dmp to cover my debt, told them of the situ in writing and recieved a letter to my parents address - address to my nickname (!) which was a notification of intending to default my account, and telling me to pay within 7 days and saying i should have paid it in Sept 2007. rung them (changed the address) and explained the situation that i was waiting on advice from CCCS. I was told i couldn't set up a payment arrangement, i would have to wait to recieved a letter from the solicitor. I waited and never recieved this letter.

 

I rang again (and had to change the account address AGAIN) and chased the letter said i wanted to set up a payment arrangement - they said i would have to negotiate that with the solicitor.

 

My account was defaulted on my experien report

 

So after 8 weeks of nothing I sent a CCA request along with a complaint - i know they have had problems because they messed up a relatives account. The deal was that i should have been offered to refinance the car, pay the bubble or get a new car if i was meant to pay up in Sept 07 they didn't offer me that! I sent £1 for the CCA and £50 as a good will gesture (i'm not one to run away from debt).

 

They cashed the cheque and i received no response. So i wrote the 12+2 day letter and that dead line is Friday. Saturday this solicitor sent a letter to my old address (ARGH!) again address to my nickname! thanking me for my £51 that the CCA has been ordered and my account is being investigated

 

Surely this is not acceptable i even accounted for the Xmas break and they have had by friday the legal amount of time to supply it - does anyone know where i go from here?

 

(Sorry this is long i'm at the end of my tether)

[postggj]

dont panic

who is the finance company

[Robbda]

Thanks Postjji

 

I opened the agreement with renault and they used RFI finance then they changed finance company apparently somewhere in 07 to RCI

 

I think they have lost it - my relative had a guarentor that went missing from the account after the change over and the name they are writting to isnt even close to what i put on any legal document!

 

All i want is to pay for my car

Edited January 20, 2009 by Robbda

[lickthewallfatboy]

if they can't produce a CCA,especially one with the correct signature,then you don't have much to get worried about

[Robbda]

Well I was wondering if there was a letter i could send (to follow the second 12+2) demanding they remove the Default?

[Robbda]

Do you think i can demand they remove the default they have placed on my account?

[42man]

This is the follow up -

 

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

[42man]

Have you tried sending them a Subject Access Request, unfortunately this costs £10, but you should be much wiser with the information.

 

If you do decide to do this send £10 with the letter below by recorded delivery

 

 

Data Protection Act 1998

 

 

 

Subject Access Request

 

 

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

If you are unable to supply any of the above or are not able to reproduce any copies, please confirm this in writing.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

sign your name but put crosses through it so it can't be 'lifted'

[Robbda]

Thank you 42 man.

 

I sent the 2nd one and thats the one they repsonded to and said they have requested it and the account is being looked into...

 

I still haven't heard anything and offically the deadline was today.

 

So do you think i should send an SOA?

 

The default hasn't been removed

[Robbda]

SOA sent