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This one started in 2006 whilst I was on another site. Bear with me as I seem to have some of the paperwork missing will post it up as and when I find it all.
But here's whats happened so far roughly:
Got the usual threatening letters from Cabot ie you owe us etc etc during the course of 2005/6 until I found and joined on site.
Sent the 'old' CCA 1974 request on 1 Nov 2007 the 12 + 30 days were up on 13 Dec 2006
I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 cheques in payment of the statutory fee, Serial Number 000125 .
2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.
3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.
Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.
As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.
Yours faithfully
Can'd find any paperwork now till I sent this, the second letter on 19 April 2006
I refer to my letter dated 1st November 2006 which was delivered via recorded delivery to your offices on 3rd November 2006.
In my letter I made a formal request for a copy of the signed, fully executed credit agreement for the above numbered Barclaycard account under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement.
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 30 calendar days, your company commits an offence. These time limits expired on 13th November 2006 and 13th December 2006 respectively.
As you are no doubt aware subsection (6) states:
If the credit under an agreement fails to comply with subsection (1) -
(a) He is not entitled, whilst the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.
Therefore as at 13th December 2006 this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.
Yours faithfully,
Now I do have some replies etc somewhere but can't seem to find them but I seem to remember that they say 'we are looking for your paperwork and everything is on hold till will find it' etc etc
But here's whats happened so far roughly:
Got the usual threatening letters from Cabot ie you owe us etc etc during the course of 2005/6 until I found and joined on site.
Sent the 'old' CCA 1974 request on 1 Nov 2007 the 12 + 30 days were up on 13 Dec 2006
I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 cheques in payment of the statutory fee, Serial Number 000125 .
2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.
3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.
Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.
As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.
Yours faithfully
Can'd find any paperwork now till I sent this, the second letter on 19 April 2006
I refer to my letter dated 1st November 2006 which was delivered via recorded delivery to your offices on 3rd November 2006.
In my letter I made a formal request for a copy of the signed, fully executed credit agreement for the above numbered Barclaycard account under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement.
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 30 calendar days, your company commits an offence. These time limits expired on 13th November 2006 and 13th December 2006 respectively.
As you are no doubt aware subsection (6) states:
If the credit under an agreement fails to comply with subsection (1) -
(a) He is not entitled, whilst the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.
Therefore as at 13th December 2006 this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.
Yours faithfully,
Now I do have some replies etc somewhere but can't seem to find them but I seem to remember that they say 'we are looking for your paperwork and everything is on hold till will find it' etc etc
msl:
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