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i sent them this letter,
They may not reply, but at least you have evidence you asked.
Dear Sir/Madam,
Your Ref: xxxxxxx
This is a formal request under the Consumer Protection From Unfair Trading Regulations (CPUTR) 2008.
I require your organisation to provide written confirmation that states clearly whether you currently hold an original signed Consumer Credit Agreement, or whether you do not hold an original signed Consumer Credit Agreement pertaining to myself.
For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or microfiched document from other sources.
Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt.
Please also note that failure to provide a direct answer to this request will be brought before the court, should you decide to defy the content of this letter and instruct solicitors to pursue enforcement action regardless.
Yours faithfully,
and this was what they sent me
dear .....
we thankyou for your recent letter , you comments have benn noted but we would advise you that The lowell group of the companies at the point of purchase are assigned all the rights and benefits associated with the account but we do not hold the copies of the agreements within our offices.
we have sent you the requested information to comply wi your requestfor information made under section 77 and/or section 78 of the consumer credit act 1974.
we note that you continue to dispute this accout on the basis that we have failed to supply you with a copy of the signed original credit ageement .
the consumer credit act says that in response to any request made under the section 77/78 for information , in the case of a debt that is claimed to be payable at a date of request lowell as the creditor should supply a copy of the executed agrement (if any ) upon payment of curently prescribed fee of £1.00 . in addition a statement showing signed by lowell showing the debt due if this practical in the circumstances .
the documents required to be supplied have been the subject of a lengthy legal test case of carey v HSBC Bank PLC [ 2009 ] were it was held by the high court that to comply with a a section 77/78 request
1 the original signed agreement need not to be suplied as a reconstituted copy of the agreement is sufficient provided it contains the name address of the person as it was when the credit agreement was signed and
2 if the terms and conditions of the credit agreement have been varied following the date if entered into the a copy of the last varied terms should also be supplied.
in ther summary the information that we have sent to you in response to your section 77/78 request complies with all legal requirements and regulaory guidance and we are not aware of any other query you have against this account .
we would now request that you contact us now on blaaa blaaa baaaa ....
to set up a payment plan to repay the debt that suits your financial circumstances and that you can resonably afford.
if we do not hear from you within the next ten days then we shall have no real alternative than to take further action to recover the debt due to that may include the commencement of legal action which may increase the debt payable by you with the addition of legal fees and interest .
we would wish to advoid having to take further action against you to recover payment and look forward to hearing from you .
They may not reply, but at least you have evidence you asked.
Dear Sir/Madam,
Your Ref: xxxxxxx
This is a formal request under the Consumer Protection From Unfair Trading Regulations (CPUTR) 2008.
I require your organisation to provide written confirmation that states clearly whether you currently hold an original signed Consumer Credit Agreement, or whether you do not hold an original signed Consumer Credit Agreement pertaining to myself.
For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or microfiched document from other sources.
Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt.
Please also note that failure to provide a direct answer to this request will be brought before the court, should you decide to defy the content of this letter and instruct solicitors to pursue enforcement action regardless.
Yours faithfully,
and this was what they sent me
dear .....
we thankyou for your recent letter , you comments have benn noted but we would advise you that The lowell group of the companies at the point of purchase are assigned all the rights and benefits associated with the account but we do not hold the copies of the agreements within our offices.
we have sent you the requested information to comply wi your requestfor information made under section 77 and/or section 78 of the consumer credit act 1974.
we note that you continue to dispute this accout on the basis that we have failed to supply you with a copy of the signed original credit ageement .
the consumer credit act says that in response to any request made under the section 77/78 for information , in the case of a debt that is claimed to be payable at a date of request lowell as the creditor should supply a copy of the executed agrement (if any ) upon payment of curently prescribed fee of £1.00 . in addition a statement showing signed by lowell showing the debt due if this practical in the circumstances .
the documents required to be supplied have been the subject of a lengthy legal test case of carey v HSBC Bank PLC [ 2009 ] were it was held by the high court that to comply with a a section 77/78 request
1 the original signed agreement need not to be suplied as a reconstituted copy of the agreement is sufficient provided it contains the name address of the person as it was when the credit agreement was signed and
2 if the terms and conditions of the credit agreement have been varied following the date if entered into the a copy of the last varied terms should also be supplied.
in ther summary the information that we have sent to you in response to your section 77/78 request complies with all legal requirements and regulaory guidance and we are not aware of any other query you have against this account .
we would now request that you contact us now on blaaa blaaa baaaa ....
to set up a payment plan to repay the debt that suits your financial circumstances and that you can resonably afford.
if we do not hear from you within the next ten days then we shall have no real alternative than to take further action to recover the debt due to that may include the commencement of legal action which may increase the debt payable by you with the addition of legal fees and interest .
we would wish to advoid having to take further action against you to recover payment and look forward to hearing from you .
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