DCA query, no true copy of signed agreement...

[jon1965]

Re: DCA query, no true copy of signed agreement...

Craig
yes that's right.
The actual part of the CCA that says they can not enforce an agreement is S78(6) which says that while a S78(1) request (a cca request) is outstanding they can not enforce.
It is not a cure all as they could supply the correct documents at any time. That's why you must keep hold of what they have sent so you have a baseline comparison should they try and recon it ever.

It would be fantastic if they could not produce all the paperwork and leave you alone but otherwise you may be able to play the longer game and drag it out until it becomes SB. that is another reason to find out the exact default date and the last payment or acknowledgement date if that is later

[craigyorks1969]

Re: DCA query, no true copy of signed agreement...

Craig
yes that's right.
The actual part of the CCA that says they can not enforce an agreement is S78(6) which says that while a S78(1) request (a cca request) is outstanding they can not enforce.
It is not a cure all as they could supply the correct documents at any time. That's why you must keep hold of what they have sent so you have a baseline comparison should they try and recon it ever.

It would be fantastic if they could not produce all the paperwork and leave you alone but otherwise you may be able to play the longer game and drag it out until it becomes SB. that is another reason to find out the exact default date and the last payment or acknowledgement date if that is later

From what I can see the last payment made was 21/12/2009 from the account it was paid from, I believe it was on a £20p/m payment plan and as they couldn't provide CCA upon request , the ex put the account into dispute and stopped the payment, I will have to look into the statements in more detail but I think the default date will probably precede that date. So I guess it becomes SB by the end of Dec 2015?

[jon1965]

Re: DCA query, no true copy of signed agreement...

Hi
Yes if the default date was before that then yes so you have 20 months to go.

One thing at a time though, the default can not be readded so see what happens

[craigyorks1969]

Re: DCA query, no true copy of signed agreement...

I received a letter from CQ back in May saying they acknowledged the bit about removing numbers etc, and they said to expect further communication 'shortly', then I receive a letter today 20/8 saying along the lines of :-

So we can help you reach a solution on your account, please find enclosed a copy of the agreement for the above account .. and exactly the same photocopy as last time but only the front of the application form.

What would be the best way to respond?

[craigyorks1969]

Re: DCA query, no true copy of signed agreement...

I received a letter from CQ back in May saying they acknowledged the bit about removing numbers etc, and they said to expect further communication 'shortly', then I receive a letter today 20/8 saying along the lines of :-

So we can help you reach a solution on your account, please find enclosed a copy of the agreement for the above account .. and exactly the same photocopy as last time but only the front of the application form, was sent.

What would be the best way to respond?

[FlamingParrot]

Re: DCA query, no true copy of signed agreement...

I received a letter from CQ back in May saying they acknowledged the bit about removing numbers etc, and they said to expect further communication 'shortly', then I receive a letter today 20/8 saying along the lines of :-

So we can help you reach a solution on your account, please find enclosed a copy of the agreement for the above account .. and exactly the same photocopy as last time but only the front of the application form.

What would be the best way to respond?

Something like this:

Dear Sirs,

Reference: xxxxxx

Thank you for your letter dated xx/xxxx/2014 in response to my request for information under Sections 77-79 of the Consumer Credit Act 1974.

You are no doubt aware that the document you have supplied me with does not comply with the requirements of Act, as it does not contain all the prescribed terms as required by section 60(1) of the Consumer Credit Act 1974. You have not provided me with a copy of the terms and have therefore failed to fully comply with my formal request.

The documents should also include terms of the agreement if they varied during the duration of the contract.

Sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors. Under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

In view of the above, this account is unenforceable until you provide me with the original purported document, if it exists.

Please forward the documents requested as soon as possible to enable me to assess the situation with regards to this account before we can enter into further discussions.

Yours faithfully

[craigyorks1969]

Re: DCA query, no true copy of signed agreement...

I have just received a reply today dated 10/10 saying

Please be advised that we previously provided you with a copy of your agreement along with the Trustcard Conditions of Use. Therefore we have provided you with the information you requested, a copy have been enclosed for your reference.

but its exactly the same photocopy (including quality) as i previously received.

I'm unsure what to do now, could anyone offer any help?

[craigyorks1969]

Re: DCA query, no true copy of signed agreement...

Is anyone able to offer any help?

Thanks in advance

[Kati]

Re: DCA query, no true copy of signed agreement...

Something like this:

Dear Sirs,

Reference: xxxxxx

Thank you for your letter dated xx/xxxx/2014 in response to my request for information under Sections 77-79 of the Consumer Credit Act 1974.

You are no doubt aware that the document you have supplied me with does not comply with the requirements of Act, as it does not contain all the prescribed terms as required by section 60(1) of the Consumer Credit Act 1974. You have not provided me with a copy of the terms and have therefore failed to fully comply with my formal request.

The documents should also include terms of the agreement if they varied during the duration of the contract.

Sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors. Under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

In view of the above, this account is unenforceable until you provide me with the original purported document, if it exists.

Please forward the documents requested as soon as possible to enable me to assess the situation with regards to this account before we can enter into further discussions.

Yours faithfully

Personally, I'd be tempted to do this again (although I'm not clued up on this type of thing). If their documents are not readable or not a true copy then (the way I see it) they've not complied with your request.
I'm sure someone more knowledgeable will be along later on :tinysmile_twink_t2:
K x

[Nibbler]

Re: DCA query, no true copy of signed agreement...

They are relying on these?

AGREEMENT (903x1024).jpg

T and C (788x1024).jpg

If so clearly illegible, as as such they remain in breach of your request.

Not withstanding the issue of whether they would contain the prescribed terms if you could read them.

[craigyorks1969]

Re: DCA query, no true copy of signed agreement...

Hi, thanks for replying, i didnt get any notification this time, so i guessed nobody had replied?

I have now received a 'statement of account' (something saying nothing had been paid in this period) covering a period Jun-Aug from CQ saying they purchased the account on Jun 2013, but im sure they were sending letters to me at least around May time.
What's the best reply to this letter?
Thanks

[Nibbler]

Re: DCA query, no true copy of signed agreement...

I would imagine the same as before, but pointing out that what they have provided is not a properly executed agreement, and is not legible as required by the The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations. So they remain in default of your request.

They obviously know what they have sent is not compliant, but just hope you don't.

[craigyorks1969]

Re: DCA query, no true copy of signed agreement...

Looks like Capquest have surfaced again after a long silence, I received a letter today offering a 'Settlement of Account' and to contact them to discuss 'this offer'
reading back through this thread, i believe its due to be SB at the end of Dec 2015 , what advice would you give?

Regards
Craig

[Debt Camel]

Re: DCA query, no true copy of signed agreement...

There is a reference earlier to the last payment having been made on 21/12 99 - is that correct? If it is, it will not be statute barred until 1 month after that, because that will be the time you missed a payment.

So you are back to whether they have provided you with a copy of the agreement.

[craigyorks1969]

Re: DCA query, no true copy of signed agreement...

There is a reference earlier to the last payment having been made on 21/12 99 - is that correct? If it is, it will not be statute barred until 1 month after that, because that will be the time you missed a payment.

So you are back to whether they have provided you with a copy of the agreement.

they only sent what was originally posted earlier in this thread with a duplicate copy of the front page quite a while later (it looked mainly like the image a video digitiser on an 8 bit computer would produce, i think it is displayed earlier in the thread) which i was advised wasn't suitable.

So, basically it wont become SB until the 21 of January 2016, and if they send correspondence after this date, should I inform them of this?

PS Yes I believe the ex had requested it and terminated the payments as they couldn't provide a copy, as she was dealing with the finances at that time.