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Re: dajomel UE Diary
Well they're still in default of your CCA Request so all you need to do is to send this to Lowell and await a response:
Originally posted by dajomel
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Dear Sirs,
Account No: XXXXXXXX
I refer to my letter dated XX/XX/XXXX in which I made a formal request under the Consumer Credit Act 1974 (CCA1974) s.77-s.79 for a true copy of the regulated agreement referred to in the above account number. You have been reminded several times now that non compliance will result in cessation of payment and you were also reminded that you are obliged to supply this under s.189 whether you are the original creditor or not. I also enclosed the statutory fee of £1.00.
To date you have failed to comply with my statutory request and have defaulted in respect of this account. Additionally this alleged agreement is unenforceable until such time as you come out of default or until it is enforced by a court of law. It is a further offence to attempt to enforce this alleged agreement until such time as your default is revoked. Similarly, in line with recent OFT Guidance surrounding Unenforceability, 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? Well under these sections a debtor can pay £1 to get:
If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:
As this account is clearly unenforceable, not only am I ceasing all payments toward this account, but I expect you to write back and confirm that no further action will be taken and that the account is now closed and no further correspondence will take place; irrespective, unless you do supply a lawful agreement I will not correspond with you again and any threats will be averred and unlawful and vexatious with a counter-claim forthcoming. In the meantime, I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the OFT.
I await your prompt response.
Yours faithfully
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Account No: XXXXXXXX
I refer to my letter dated XX/XX/XXXX in which I made a formal request under the Consumer Credit Act 1974 (CCA1974) s.77-s.79 for a true copy of the regulated agreement referred to in the above account number. You have been reminded several times now that non compliance will result in cessation of payment and you were also reminded that you are obliged to supply this under s.189 whether you are the original creditor or not. I also enclosed the statutory fee of £1.00.
To date you have failed to comply with my statutory request and have defaulted in respect of this account. Additionally this alleged agreement is unenforceable until such time as you come out of default or until it is enforced by a court of law. It is a further offence to attempt to enforce this alleged agreement until such time as your default is revoked. Similarly, in line with recent OFT Guidance surrounding Unenforceability, 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? Well 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.
- make the debtor pay the debt before they're supposed to
- get a court judgment against the debtor
I await your prompt response.
Yours faithfully
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