Hi conmankiller

Long time no hear. Not needed your services for a while because most of my creditors are unable to send me a signed cca so thats some good news there, apart from my o/d oh what fun.

As you know my i tried to close my account stop or charges and interest on my account to no avail (rbs) hey what a bank.

Looking on the internet this morning guess what i saw RBS again written off £3.6billion in its first quarter as it slumped to a loss of £857 million. Any ideas letter wise to send to them about writing off my o/d clutching at straws here lol. They got me paying £100.00 per month, will not close the account so no more interest will be charged, and my husband still out of work due to his severe epilepsy and we are both on DLA.

Any surgestions please forward on the back of a stamp, because i think i know what the answer will be, can but try though

Melanie

Melanie - To this particular creditor (Naturally close) send a last copy of the letter below by recorded, after that make it an official complaint to the authorities if they continue their illicit action,,, by making the complaint official after 21 days.

........................................ .............................................

[Your address]

[Date]


Account number: xxxxxxxxxxxxx

Dear sir or madam

Request for true copy of alleged Credit Agreement under Sections 77/78 of the Consumer Credit Act 1974

I wrote to you recently requesting a true, signed copy of any alleged credit agreement that exists in relation to the above account. This is my right under Sections 77 and 78 of the Consumer Credit Act 1974 on payment of the statutory fee of £1.00. This payment was included with my original request.

Under the terms of the above Act, a creditor has 12 working days to provide the requested document. Should they fail to do this, they have a further calendar month to rectify this default.

Both of these deadlines have now passed and I have received nothing in relation to my request. This can lead me to only one conclusion, that being that no signed credit agreement exists in relation to this account.

As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable, even in a court of law. This will be a complete defence to any court action that you may consider taking.

On the advice of the Financial Ombudsman, I am now requesting a final decision in this matter from you. Should this decision not meet with my satisfaction, then I will pursue the matter through the Ombudsman. The maximum timescale for you to give a final response to any complaint is 8 weeks. This time runs from the date of my original complaint, in this case that is the request for a true copy of the credit agreement. Therefore, you must provide me with a final response in this matter, including your proposed actions for this account, by [insert date].

Please note, you may also consider this letter 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 the 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.

There has never been any regulated agreement in relation to this account, and therefore you have never had my consent to process my data. I also do not see how you can state that you have a legitimate interest in processing my data as we have never had any contract that would enable you to do this.

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.


Furthermore, you should remember 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 therefore the following applies:

• You may not demand any payment on this account, nor am I obliged to offer any payment to you.
• You may not add any further interest or charges to this account.
• You may not pass this account to any third party.
• You may not register any information in respect of this account with any of the credit reference agencies.
• You may not issue a default notice related to this account.

Be warned, the CCA 1974 is clear that a default can only be issued for breach of a valid, regulated agreement. If there is no agreement, as in this case, then you cannot issue a default as I have not breached any valid, regulated agreement.

I look forward to your final decision on this complaint within 21 days. This should include your proposed actions in relation to the lack of a credit agreement.

Yours faithfully

[Your name]

HI Conmankiller

Naturally close again. They have sent me a statement this time stating I need to pay the arrears and the monthly payment.

They sent me a letter back in December stating they would not pursue me for the money owing (no signed cca) I sent them an harassment letter out back in January, so what is my next step letter to the OFT, and do you have a draft letter I can send to them the OFT.

Melanie

They sent me a letter on the 20th Jan 2009 stating that all collections activity will cease.

Yes, along with a photocopy of their own letter above..... telling them this is their last warning, otherwise complaints of harassment will be sent to the trading standards, and office of fair trading, furthermore the information commissioner under the data protection act, if they unlawfully pass personal and confidential data to another agency without legal entitlement.

Hi conmankiller

Received letter today from Naturally Close stating my debt my be acquired by another DCA.

They sent me a letter on the 20th Jan 2009 stating that all collections activity will cease, then they go and send me this letter.

Shall Isend them an harrassment letter to them?

Melanie

Hi Melanie. - They are flapping a bit now. !

Point number 7 - Send a letter to Barclays by recorded as below, the piece of UNSIGNED paper does not qualify as a CCA, they were not asked to send you the paper you would have signed...that means nothing, they were asked to send a copy of the agreement that you DID allegedly sign...which they have failed to comply with as required by law. Send the below letter.

Point 8 - Ignore it.! # Anyone comes to your house tell them to leave otherwise the Police will be called, if they apply for a CCJ defend it, because without a valid CCA for the alleged debt being produced, it will get thrown out of court and they would get a roasting from the court for timewasting.

........................................... ........................................

Your name address & date

Dear Sir / Madam

Account Ref No......

Re: my request under s77/78 of the Consumer Credit Act 1974.

My request for a copy of my properly executed Consumer Credit Agreement remains outstanding.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter *Dated*. Upon receipt of the original request the specified account legally entered into a disputed status.

My request remains outstanding as the form you sent was UNSIGNED. I did not request a general copy that anyone could have signed, I requested a copy of the original agreement that was allegedly signed by myself bearing my signature, that is what you are legally required to supply as previously requested.

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until **12 days DATE** to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on **12 Days DATE** and subsequently committed an offence on **MONTH DATE**.

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.


I would appreciate your due diligence in this matter.

I look forward to your reply.

Yours faithfully (Print name)

Hi Cmk

Here we go again, Ref Bank loan with Barclays

1) Sent letter on the 7/11/08 to Credit Solutions (whom I thought was dealing with the debt) asking for my CCA.

2) Received letter 13/11/08 off Credit solutions account closed contact Barclay's.

3) Sent letter 26/11/08 to Barclays asking for my CCA.

4) Received letter 12/12/08 from Barclays looking into matter.

5) Sent letter 19/12/08 to Barclays account in dispute.

6) Received letter 31/12/08 from Barclays looking into matter.

7) Received today 24/01/09 form Barclay's Quote " Please fine enclosed copy of agreement that you would of signed (not signed) I have also enclosed copies of your Barclay loan statements which show that the account was close on the 11/03/2005.(that's when I presume they sold onto Credit Solutions who have also told me the account is closed).

8) Received letter today also 23/01/09 from Central Debt Collection Services, headed 24 hour notice

Quoting letter

"All previous communications regarding demand for payment of your account have been disregarded and no satisforactory porposals for repayments have been recieved by ourselves (never heard of this company first letter i have received off them). As a result we intend to 1) come to your home (yeah right let them try to get in) and 2) CCJ.

What would be my next step

melanie

snuggles:

Hi CMK

firstly thank you again for all your help and great advice.

One of my creditors as come back to me with regards my cca they carnt produce it, but they had a good try with a copy which was not signed by me, so another one bites the dust.

Ref to my o/d i have written to them again telling them i was disgusted with the way there staff spoke to me on the phone. Telling me i had 7days to pay the o/d or to take out a loan. I told them i was in no situation to take out a loan offered them what we could pay and they said no.

Spoke to the FOS over the phone told them what our position was and what we offered the bank. Guess what this morning had letter off RBS about o/d they are terribly sorry about the way my complaint has been dealt with and they are looking into the matter they have given themselves 10 days to investigate my complaint. Lets see what happens if i dont hear they get another nice letter of me again lol.

Melanie

Well done Melanie good result about the Two catalogues ..just as expected.

I missed the first post because you double post instead of posting once only. !

No CCA also means they have no legitimate right to default your credit record this was explained in the letters you sent they are also aware of the law, if they do they are risking fines and other sanctions, don't worry so much just yet but keep all the letters saying they cannot produce a valid CCA....we will complain to the trading standards, OFT & information commissioner once they have lodged any illicit defaults. Wait a few weeks then I need you to apply for your credit records in about a months time.

RBS - talking nicely now eh. ! you could hopefully receive a civil reply then. within the next two weeks about the OD.

HI Cmk

Firstly did you read my not above the last one?

The two catologues that have not produced a valid cca they are both reporting it to a credit ref agency, how do i go about stopping them.

melanie

No, because the credit agreement acts as legal permission...if there is no legally valid CCA then they do not have the legal entitlement to take any action.

They may try, but it is unlawful and any illicit action is reversible...if it has neen carried out maliciously then they are also liable to fines with further action taken against their credit licence by the tradings standards & OFT.

Creditors and debt agencies should have to produce this valid legal entitlement to the credit agencies BEFORE they are allowed to default a persons credit record, in any instance. The law needs updating here......it would save a lot of people being held to ransom or having unlawful defaults placed without the required authority; downgrading their credit record.

Hi CMK

Forgot to ask. You know the creditors that can not produce a valid cca do they have the right to report the matter to the licensed Credit Reference Agency?

Melanie

Hi CMK

firstly thank you again for all your help and great advice.

One of my creditors as come back to me with regards my cca they carnt produce it, but they had a good try with a copy which was not signed by me, so another one bites the dust.

Ref to my o/d i have written to them again telling them i was disgusted with the way there staff spoke to me on the phone. Telling me i had 7days to pay the o/d or to take out a loan. I told them i was in no situation to take out a loan offered them what we could pay and they said no.

Spoke to the FOS over the phone told them what our position was and what we offered the bank. Guess what this morning had letter off RBS about o/d they are terribly sorry about the way my complaint has been dealt with and they are looking into the matter they have given themselves 10 days to investigate my complaint. Lets see what happens if i dont hear they get another nice letter of me again lol.

Melanie

HI cmk

I have managed to speak to someone from the local cab.

They said the default route means they will sell the debt onto a debt collection agency and then they will contact me, they told me to wait to see what happens.

I have thought about writing to the FOS.

Thats how they get the charges on becasue it will go over the authorised o/d limit.

Banks dont you just love them not.

melanie

Can't really tell you what to do with the overdraft you can only pay as much as you can reasonably afford at the end of the day. All you can do is keep paying and wait to see how they respond. They then have the choice to seek a CCJ for full immediate payment..... but even a court will only order you re-pay at an amount you show you can reasonably afford, after seeing I & E balance sheets. However you have written records that you have contacted them trying to be responsible, this goes in your favour in the view of a court, keep all records so far & ....... just keep paying what you can and see what the bank do. ?

Try your best to keep it under the agreed limit though, if at all possible, otherwise that would only give them justification to add further charges, that you would be liable for in the longer term.

HI CMK

Had letter off bank today asking me to contact them which i did.

They will not except £20.00 per month they want full amount or they even told me to put it into a loan. I have told them no and they said it will go down the default route. They are not closing the account until an agreed amount as been agreed and they will keep adding interest and soon as it goes over the agreed o/d limit charges also.

what is my next move please help

melanie

ps once again thank you for your help