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I have been disputing the legality of the ccj awarded against me as they have not provided me with any proof that the debt is mine and have filed a defence with the court. Below is a copy of the request I sent to them which they keep disputing .
To whom it may concern
This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.
I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.
[IMG]file:///C:/Users/aps/AppData/Local/Temp/msohtmlclip1/01/clip_image002.jpg[/IMG]If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.
Your attention is drawn to ss.5 (2), 3(b), 6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).
I enclose a postal order in the sum of €1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.
If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.
Should you nevertheless choose to initiate legal proceedings against me, I will expect to receive, with any letter before action copies of any documents that you will be relying on as proof that a properly executed agreement, complying in all respects with the form and content requirements of the CCA 1974 was signed by myself in respect of this alleged debt.
I require you with immediate effect to ensure that all data held by you regarding the alleged agreement/debt is removed from any and all Credit Reference Agency database.
Ensure that no telephone calls are made to me.
Ensure that all correspondence is made in writing.
I require written confirmation of the above together with a quarterly statement that no data has been processed by you regarding Mr R W G----
I expect to hear from you within 12 working days from the date of this letter.
Failure to do so will be taken that you have complied with my request and I will consider the matter closed.
Yours Faithfully
Mr R W G------
This is the last letter they have sent to me, can you give me some idea on how to reply.
Please find enclosed a "List of Transactions" which details expenditure, payments made and the application of interest and charges to your MBNA credit card account 14 February 2002 and 1 6 January 201 2. The ll List of Transactions" confirms an outstanding balance of El 6,1 74.00 and that this was the balance at the time the account was assigned to the Claimant, Arrow Global Guernsey Limited. This balance also correlates with the balance quoted in the Particulars of Claim.
As stated in our letter dated 20 January 201 6, we are not aware of any properly constituted Section 78 Consumer Credit Act request being made. We have been in receipt of a letter which purported to come from you however as it was unsigned we are unable to respond.
Now that we have provided you with a breakdown of the outstanding balance we would be grateful if you could can confirm whether you are willing to withdraw your Defence. In order to do so, please complete and return the enclosed form N9A by a date no later than 1 1 March 201 6. If we fail to receive a response, we may be instructed to make an application to strike out the Defence/for Summary Judgment and seek an Order that you pay the Claimantls costs in association with that application.
hope you can help
thanks
BWG
I have been disputing the legality of the ccj awarded against me as they have not provided me with any proof that the debt is mine and have filed a defence with the court. Below is a copy of the request I sent to them which they keep disputing .
To whom it may concern
This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.
I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.
[IMG]file:///C:/Users/aps/AppData/Local/Temp/msohtmlclip1/01/clip_image002.jpg[/IMG]If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.
Your attention is drawn to ss.5 (2), 3(b), 6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).
I enclose a postal order in the sum of €1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.
If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.
Should you nevertheless choose to initiate legal proceedings against me, I will expect to receive, with any letter before action copies of any documents that you will be relying on as proof that a properly executed agreement, complying in all respects with the form and content requirements of the CCA 1974 was signed by myself in respect of this alleged debt.
I require you with immediate effect to ensure that all data held by you regarding the alleged agreement/debt is removed from any and all Credit Reference Agency database.
Ensure that no telephone calls are made to me.
Ensure that all correspondence is made in writing.
I require written confirmation of the above together with a quarterly statement that no data has been processed by you regarding Mr R W G----
I expect to hear from you within 12 working days from the date of this letter.
Failure to do so will be taken that you have complied with my request and I will consider the matter closed.
Yours Faithfully
Mr R W G------
This is the last letter they have sent to me, can you give me some idea on how to reply.
Please find enclosed a "List of Transactions" which details expenditure, payments made and the application of interest and charges to your MBNA credit card account 14 February 2002 and 1 6 January 201 2. The ll List of Transactions" confirms an outstanding balance of El 6,1 74.00 and that this was the balance at the time the account was assigned to the Claimant, Arrow Global Guernsey Limited. This balance also correlates with the balance quoted in the Particulars of Claim.
As stated in our letter dated 20 January 201 6, we are not aware of any properly constituted Section 78 Consumer Credit Act request being made. We have been in receipt of a letter which purported to come from you however as it was unsigned we are unable to respond.
Now that we have provided you with a breakdown of the outstanding balance we would be grateful if you could can confirm whether you are willing to withdraw your Defence. In order to do so, please complete and return the enclosed form N9A by a date no later than 1 1 March 201 6. If we fail to receive a response, we may be instructed to make an application to strike out the Defence/for Summary Judgment and seek an Order that you pay the Claimantls costs in association with that application.
hope you can help
thanks
BWG
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