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Re: CCA's need some hand holding
How about this
How about this
Originally posted by scotsgirl
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HI Frisp and everyone,
Dear Sir/Madam,
With reference to my previous letters, dated xxxx & xxxx to etc I wish to draw you attention to your lack of compliance with my lawful request for a signed agreement for the above referenced account under consumer credit Act 1974 s77/8.. This letter was signed for, on 12th May, by a member of your staff.
You have failed to comply with my request within the timescales permitted and are now in breach of your legal obligations.
The document that you are obliged to send me is a 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.
Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute and this account is unenforceable.
The lack of a compliant 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.
* may not add further interest or any charges to the account.
* may not pass the account to a third party.
* may not register any information in respect of the account with any credit reference agency.
* may not issue a default notice related to the account.
After taking advice, I am of the opinion that continued pursuit will be in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.
You have 14 days from receiving this letter to contact me, in writing, with your intentions to resolve this matter which is now a formal dispute.
I hope that you will enter into a sincere written dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.
I assure you that any legal action will be vigorously defended.
I await your rapid response.
Yours Faithfully
Dear Sir/Madam,
With reference to my previous letters, dated xxxx & xxxx to etc I wish to draw you attention to your lack of compliance with my lawful request for a signed agreement for the above referenced account under consumer credit Act 1974 s77/8.. This letter was signed for, on 12th May, by a member of your staff.
You have failed to comply with my request within the timescales permitted and are now in breach of your legal obligations.
The document that you are obliged to send me is a 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.
Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute and this account is unenforceable.
The lack of a compliant 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.
* may not add further interest or any charges to the account.
* may not pass the account to a third party.
* may not register any information in respect of the account with any credit reference agency.
* may not issue a default notice related to the account.
After taking advice, I am of the opinion that continued pursuit will be in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.
You have 14 days from receiving this letter to contact me, in writing, with your intentions to resolve this matter which is now a formal dispute.
I hope that you will enter into a sincere written dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.
I assure you that any legal action will be vigorously defended.
I await your rapid response.
Yours Faithfully
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