Hi I have a loan dispute with a bank and I have asked them to send the CCA in 2005. They have agreed for a full and final settlement. but when I mentioned that I couldn't pay the amount until they supply me the CCA, they stopped all communication then. Now recently another debt collection agency has started chasing the loan. I complained the original bank about their default status and asked them to close the account or else I would be complaining to the Financial Ombudsman. The Bank came back to me and was telling that they have sent me the CCA in 2005. They are basically lying about sending the CCA. I have sent a request for CCA to the new debt collector as well. but they are not talking about it. They are sending letters saying that they would start the bankruptcy proceedings. I have sent one more letter saying that they cannot chase this as the original bank was in default of sending the CCA. But now the bank has openly lied about sending it. In fact, they haven't sent it till today.

What are my options now? Ideally i would like to close this forever. But I cannot pay the full amount they are demanding. It is clear to me that they are not having the CCA with them. Can they start bankruptcy proceedings or take me to court without supplying me or the court with the credit agreement? Even if we consider that they have supplied it in 2005, can I ask the bank or the new debt collector for a copy of agreement once again? And are they obliged to supply it? What can I do about the bank's lie? Can I still report it to the financial ombudsman? I have the proof of couple of letters that I have sent to the bank telling them that I was still waiting for the CCA (after their alleged date of supplying the CCA to me)

Also there is no evidence of this loan in any of the 3 credit report files!

Please help me. Thanks in advance.

Hi -- Don't worry about the lies, this goes hand in hand with their unscrupulous methods of confusion and intimidation -- Forget the past promises and lies, otherwise it will distract your attention from what action is now necessary. !

Start afresh by sending a CCA request by Recorded delivery enclosing the £1 postal order to the new DCA, if they have not responded in 14 days from postage, then post back and there will be a copy of the follow on letter made available for you to send.

In the meantime whilst this DCA is attempting to comply with your request, there is no enforcement action that can be taken against you, this especially includes ruling out any bankruptcy proceedings or court action without a valid CCA, that is simply intimidation and intended to make you worry and pay. If they fail to comply with your request then this alleged debt is no longer legally enforceable and they will have to either send a letter of explanation that the matter is considered closed, or an explanation that they are trying to comply, if they cannot send a valid CCA in the permitted 14 days.

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

Your name address & date.

Dear Sir / Madam,

Re:− Your Account ref no.

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is an offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by (enter date) , I will have no hesitation in passing your details to the Office of Fair Trading.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.


Yours faithfully (Print name)

Thank you Conmankiller for the reply. But I have already sent one more CCA request with 1£ postal order (by recorded delivery) to the new DCA and they are not mentioning about my request in their correspondence. It's been about 10 days since I have sent the CCA request. Do I need to send the CCA request once again? Please advise.

TAF -- I hadn't realised you sent a CCA to the new DCA, hang fire just yet and give them until Monday to supply the request or an explanation, if no response is forthcoming by this coming Monday then post back either way.

Hi conmankiller, the DCA have sent a letter asking me to phone them to discuss about the issues that I have raised in my letter. But they didn't say anything about my request for CCA. What shall I do now?

TAF --- Do nothing, absolutely nothing never speak to them on the phone ALL in writing......they nearly always try that to get you to agree or admit to something that will not be in your interests, give it till Monday as above, if no written response is forthcoming post back.

I presume you still have the recorded delivery proof of postage slip, check online to see what day they signed for receipt of your CCA on the Royal mail website.

Hi conmankiller, I will not call them. I have the recorded delivery slip with the barcode. But surprisingly royalmail website is not giving any info for this barcode / item! Just now, I have checked the website. I have posted this more than a week ago. Do I need to request for one more CCA using recorded delivery? Please advise. Thank you.

Do I need to request for one more CCA using recorded delivery? Please advise.

Slightly confused, please clarify. ?

Hi conmankiller, I got the confirmation from royalmail that my letter to the DCA for the copy of credit agreement has been delivered. I couldn't find it on the royalmail website. So I called the royalmail customer care and they have sent me an email confirmation along with the signature of the receiver.

Earlier, I meant to ask you if I need to send another letter of request for the copy of credit agreement, in case royal mail cannot confirm it's delivery. But now it's been resolved. So I will wait for the 12 working days to finish and post back to you here. Thank you for all the help and concern.

Hi conmankiller, it's been 14 days since I have requested for the CCA. The DCA has not responded to my request so far. Could you please let me know what I need to do now? Many thanks.

TAF -- Don't worry unduly..... no news is good news, no provision of a legally valid CCA = no means of enforcing the alleged debt any further. You are supposed to leave it for 30 days then send a follow on copy of the letter below by Recorded delivery, if they have still failed to comply with your request. You could send it early if you require, just edit the dates accordingly.

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

Your name address & date

Dear Sir/Madam

Re:− Your Account ref ......


I refer to my letter dated (enter date) which was delivered via Recorded Delivery to your offices on (enter date).

You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

In my letter of the (enter date) I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time (enter DCA name) purchased this account, along with any other documents mentioned in the credit agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on (enter date) and (enter date) respectively.

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

If the creditor under an agreement fails to comply with subsection (1) -

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.

Therefore on (enter date) this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debt to (enter DCA name).

I require the following action from (enter DCA Name) :

1. All payments made to date to (enter DCA name) for this account should be refunded in full, including interest at the rate of 8% per annum.

2. Removal of all defaults entered by (enter DCA name). Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force (enter DCA name) or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.


Data Protection Act (Data Protection Act 199

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I look forward to your reply within 14 days to resolve the matter amicably.


Yours faithfully (print don't sign name)

Thank you conmankiller. I have couple of doubts. Except to the bank, I have not paid any money to the new DCA. So, can I still include the following sentence in the letter? "1. All payments made to date to (enter DCA name) for this account should be refunded in full, including interest at the rate of 8% per annum."

Also the new DCA is not the one who is directly contacting me. The DCA are using yet another company, which is contacting me and this company is mentioning the DCA name as their client. I have sent the CCA request only to the company that is contacting me. So, should I be sending this letter both to the DCA and the company that is contacting me on their behalf? The new DCA have never directly contacted me. Until now, I am also communicating only with the company that is contacting me.

Also does the 30 calendar days period start after the 12 working days or from the date of requesting for the CCA?

Thank you once again conmankiller.
TAFan.

Hi -- As you have paid nothing to the DCA yet they will not send anything, so you can edit that scentence out of the letter, they are just standard general purpose templates, just edit to suit your own personal requirement.

Carbon copy the letter to the other new company, with a brief note stating the CCA request has been made and statutory fee paid to the other DCA..... Include the comment, that it is also a breach of OFT guidelines on fair debt recovery practice to assign more than one debt collector to deal simultaneously with the same alleged debt, and this matter will be reported.

The 30 days starts after the initial Twelve days has expired.