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Re: 1st Credit Question
Hi Hopefulone
Send the below letter:
Hi Hopefulone
Send the below letter:
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 s77/78. This was signed for and delivered on the **DATE**
You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 working 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 currently 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.
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 look forward to hearing from you. This should be in writing, I have no wish to correspond by telephone.
Yours faithfully
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 s77/78. This was signed for and delivered on the **DATE**
You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 working 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 currently 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.
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 look forward to hearing from you. This should be in writing, I have no wish to correspond by telephone.
Yours faithfully
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