Marbles CCA

Sent a CCA request to Marbles and they can't provide a CCA. Any comments on their letter and suggestions as to what I should do next? They have been recording late payments on my credit files for some time.

[The Debt Star]

Re: Marbles CCA

anyone?

[Caspar]

Re: Marbles CCA

Sorry DS - not ignoring you. Been busy writing nasty letters for people!

I think you have two ways forward. Firstly to write requesting written confirmation under CPUTR 2008 whether or not they hold the document.

Secondly, I think most are getting very cautious about looking at enforceability under S78. You're likely to get further looking under Sections 60/61.

[The Debt Star]

Re: Marbles CCA

You're likely to get further looking under Sections 60/61.

Hi. What are these?

write requesting written confirmation under CPUTR 2008 whether or not they hold the document

do you have a precedent paragrpah I could crib for this?

[Caspar]

Re: Marbles CCA

Happy reading!

Consumer Credit Act 1974

The Consumer Protection from Unfair Trading Regulations 2008

[The Debt Star]

Re: Marbles CCA

s60 CCA would be countered by Marbles simply sending me periodic / updated terms and conditions, notification of interest rates etc. I don't fully understand how people use ss.60/61 to challemge enforceability. same should apply to CPTUR. Not sure how CPTUR comes to the rescue TBH.

But thanks for the links. Statutes are as clear as mud, aren't they?

[Caspar]

Re: Marbles CCA

Have to confess, I hadn't read them myself. Just glanced through CPUTR and suspect people use Schedule One to their benefit. Will read S60/61 shortly.

[PriorityOne]

Re: Marbles CCA

How old is the account Debt Star? That's a good letter they've sent you as they've kindly confirmed that there's no Agreement and as such, it can't be re-enforced through the courts. Stupid bergers.... I'd be inclined to thank them.... lol!

:-)

[The Debt Star]

Re: Marbles CCA

How old is the account Debt Star? That's a good letter they've sent you as they've kindly confirmed that there's no Agreement and as such, it can't be re-enforced through the courts. Stupid bergers.... I'd be inclined to thank them.... lol!

:-)

Goes back to 2001. Was orig HFC Beneficial and then sold to Marbles (BOS).

Yes it is a good letter but I'm not sure what to do next...

[Caspar]

Re: Marbles CCA

Hi DS,

Sorry - I'm not ignoring you, just having a hell of a day! If I were you, I'd send the Account in Dispute letter and stop paying. Will explain reasoning (there is some) behind me saying that later, but have to dash now.

Catch you later,

caspar

[PriorityOne]

Re: Marbles CCA

Agree with Caspar....

If you want to draft something up, I'll take a look for you and edit to suit, if necessary. Basically, what you're saying is until such times as they find themselves able to comply with your legal request under CCA 1974, then no payments will be forthcoming..... something like that

:-)

[Caspar]

Re: Marbles CCA

Hi DS,

Sorry for my rush earlier on! One of those days!

This is the letter that I would send to Marbles. Effectively until such time as they produce an agreement they can only ask you to make payments, but can't enforce this request in any way whatsoever. I have reasons for you taking this approach, ask if you want my reasoning. Caspar!

ACCOUNT IN DISPUTE

Date:

Ref:

Dear Sir/Madam

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**
You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).

The document that you are obliged to send me is a true 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. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.

This limit has expired.

As you are no doubt aware section 78(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 21 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY
Action against an account whilst it remains in dispute.

The lack of a 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.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit.
You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

[The Debt Star]

Re: Marbles CCA

thanks guys.

presumably, though, marbles can shoot my credit files to pieces, even if they can't legally recover until a CCA turns up?

[pompeyfaith]

Re: Marbles CCA

Yup there is nothing to stop them doing that so it all depends whether you are going to need credit within the next 6 yrs or 5 yrs for scotland.

[Caspar]

Re: Marbles CCA

DS,

I understand that this is a VERY hard step for a trustworthy, honourable bloke to take, especially if you've been battling to maintain payments for a long time.

However, I now view this step in a slightly different way. I view it as the first really positive step towards a resolution as it tends to bring the issue to a head and something happens one way or another. Usually in my experience the resolution is in your favour.

Credit files last for 6 years. I know my situation, and I certainly won't be loooking to get credit in the next 6 years, even if my 6 numbers came up! I've learned that the hard way! I don't care about my credit files! The only slight problem with that nowadays is that quite a few jobs insist on you having a credit check first which may or may not cause you problems.