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Help! Does this UE letter look about right.......???
________________________
I have a very ancient CC debt, which has been 'managed', (or whatever they call it), by a DCA called "Wescot" for years. I have been paying money to them for at least 7 years.
I am very very ignorant about financial issues, which is probably how I got into such a mess with money, over the years.
Anyway, thanks to recently doing some online reading, I am thinking of sending the following UE letter to Wescot. I admit I have sort of hacked it together from various online reading I have recently done, and I don’t even fully understand it all properly myself. I was therefore wondering is it about right, how I have laid it out, etc? Should anything more be added or omitted? I am thinking of posting this letter tomorrow, Monday 28th April, so any advice between now & then (24 hours), from absolutely anyone, would be very very welcome, and appreciated. :-)
This is my letter :
28th April 2014,
Dear Sirs,
I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974), together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. I require a true copy of the executed agreement that contains all of the prescribed terms, all other required terms and statutory notices signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contains 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 be sent to me detailing all debits and credits to the account.
If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).
In line with recent OFT Guidance (issued Oct 2010), I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974' outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements. This simply means that under these sections a debtor can pay £1 to get :
This information should be provided within 12 working days.
So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee. (Please note that these funds are not to be used for any other purpose)
Yours sincerely,
__________
I have a very ancient CC debt, which has been 'managed', (or whatever they call it), by a DCA called "Wescot" for years. I have been paying money to them for at least 7 years.
I am very very ignorant about financial issues, which is probably how I got into such a mess with money, over the years.
Anyway, thanks to recently doing some online reading, I am thinking of sending the following UE letter to Wescot. I admit I have sort of hacked it together from various online reading I have recently done, and I don’t even fully understand it all properly myself. I was therefore wondering is it about right, how I have laid it out, etc? Should anything more be added or omitted? I am thinking of posting this letter tomorrow, Monday 28th April, so any advice between now & then (24 hours), from absolutely anyone, would be very very welcome, and appreciated. :-)
This is my letter :
28th April 2014,
Dear Sirs,
I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974), together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. I require a true copy of the executed agreement that contains all of the prescribed terms, all other required terms and statutory notices signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contains 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 be sent to me detailing all debits and credits to the account.
If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).
In line with recent OFT Guidance (issued Oct 2010), I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974' outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements. This simply means that under these sections a debtor can pay £1 to get :
- a copy of their agreement
- copies of some of the other documents mentioned in their agreement
- a statement of account
This information should be provided within 12 working days.
So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee. (Please note that these funds are not to be used for any other purpose)
Yours sincerely,
__________
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