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Non compliance with CCA s.77 request letter

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  • Non compliance with CCA s.77 request letter

    Letter for use when a CCA request is not complied with within the timescales set out in the Consumer Credit Act.


    YOUR NAME
    YOUR ADDRESS

    DATE

    DCA/BANK NAME
    ADDRESS


    Dear Sirs,

    Reference: xxxxxxxxxxxxxx
    Your ref: xxxxxxxxxxx

    Further to your letter dated DATE received DATE, I refer you to my letter dated DATE requesting you provide me with the agreement for this debt under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, copy enclosed.

    I note that the cheque for the required payment of £1 was debited to my account on DATE, there can therefore be no doubt that my letter was received by yourselves.

    May I also remind you that you are now in default and no further payment will be made upon this account until you have complied with my request. I also remind you that the account is now in dispute and any default action taken by yourselves would be rigorously defended in court and reported to your regulatory bodies.

    Yours faithfully


    NAME
    Last edited by Nattie; 26th November 2007, 23:04:PM.
    Forum upgrade - SUNDAY 21st JANUARY !!!

    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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  • #2
    or

    Dear Sir

    I would like to take this opportunity to remind you of your obligations under sections 77 and 78 of the Consumer Credit Act 1994. On the {insert date} you received a letter from me requesting true signed copies of the alleged agreement. To date you have failed to comply with my statutory request and, as of {insert 12 days date}, have defaulted in respect to the above account.

    You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974.

    You have already exceeded the 12 days permitted by the CCA, and are now in default.

    A credit agreement that is not properly documented is unenforceable under the Consumer Credit Act and therefore is a complete defence to any court claim that is issued.

    Please note that any legal action you may contemplate will be both vigorously defended and contested.

    Best Wishes

    NAME
    ..........................
    Last edited by Amethyst; 10th December 2013, 09:43:AM.
    Forum upgrade - SUNDAY 21st JANUARY !!!

    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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