CPUTR 2008 Letter?

[CD36]

I've seen various threads on other sites regarding letters to an OC/DCA, asking to confirm if they do/don't hold an original credit agreement under CPUTR 2008.
Are these still used, and if so is there a template/link? (I did do a search but couldn't find one).

[Todge2]

Re: CPUTR 2008 Letter?

Search for "CCA Request Letter" - this should bring something up.

[Nibbler]

Re: CPUTR 2008 Letter?

A poster named Priority One posted several threads on various forums on this.

See: https://www.google.co.uk/#hl=en&scli..."+"cputr+2008"

It has in the past achieved some relative success with debt collectors. However, that may just be due to the bottom feeding element of that industry being as ignorant to the law as they are to everything else. Not saying that it may not have merit, but if a bank/DCA refuses the request then comeback seems to be minimal to none.

[CD36]

Re: CPUTR 2008 Letter?

^ That's what I thought, it was probably useful a couple of years ago (when most of the posts originate) but they've become wise to it now, and don't respond.
Would still be useful to hear if anyone used one recently, and what the response was?

[CD36]

Re: CPUTR 2008 Letter?

So does anyone have any experience of using one of these recently, as most of the posts about it are from 2011?

[PlanB]

Re: CPUTR 2008 Letter?

^ That's what I thought, it was probably useful a couple of years ago (when most of the posts originate) but they've become wise to it now, and don't respond.
Would still be useful to hear if anyone used one recently, and what the response was?

They don't respond because they're not obliged to respond - but they do back off immediately because it's more than their life's worth to lie in a response. I succesfully used this tactic recently :thumb:

You can trust Priority 1 to know what she's talking about with CPUTR 2008 so read her threads and her Template Letter

[jon1965]

Re: CPUTR 2008 Letter?

I have used the letter and in one case I got a reply. It said they do not hold the original agreement and although my CCA request was compliant have now offered my a 50% discount. Forgive me if I can not remember the details but I have so many creditors I forget who says what although I do have all the letters filed .
Natwest wrote back asking for my £1 fee but what did I expect from crapwest

This was my letter

Dear Sirs

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 but indeed the original signed document purporting to be signed by myself.
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 and this account will remain in an unenforceable state protected in line with s.127 (CCA1974).
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,

[gravytrain]

Re: CPUTR 2008 Letter?

Personally I have never been convinced of the applicability of the CPUTR's.
They are not individually actionable and not designed for individual complaints.
There function is to stop poor business practice, in other words to protect the consumer from endemic practices that go against the public interest in general, not an infringement of a guideline in one instance to an individual customer.

I have no doubt that just a letter which asked the question , do you have an agreement yes or no, is a good idea. Particularly if the debtor points out that failure to answer could be used against them under some aspect of civil procedure rules.

I would like to see some kind of test where these CPUTR was tested against the above, i would bet that there would be no difference.

Having said that i do not think that quoting the CPUTR does any actual harm.

[CD36]

Re: CPUTR 2008 Letter?

Thanks, there's some interesting reading there. Personally I have one DCA who confirmed in writing almost six years ago that they had no agreement, and one other where the OC sent an application form nearly five years ago, but this looks like the letter to send soon after a CCA request has been made and defaulted on?

[FlamingParrot]

Re: CPUTR 2008 Letter?

I think I've just posted this on another thread today, there is no legal obligation to respond to a CPUTR letter, however, they will have to respond if the letter is headed "Formal Complaint".