Consumer Credit Act 1974 - Has anyone won?

[Charlie Crocker]

Hello. I'm looking for some help with regards a loan I'm disputing.
The loan dates back to the 1980's.
Has anyone had a loan withdrawn or cancelled using the following?

Please be aware that I no longer acknowledge this debt to your company, and therefore require you to supply the following documentation before I will correspond further.

Firstly, you must supply me with true copies of the agreement you refer to in these matters. This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974 - your obligation also extends to providing statements of account. I enclose a £1 postal order in payment of the statutory fee for the account. Postal Order number 000000

I also require that you supply signed true copies of the deeds of assignment of the above referenced agreement.

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

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.
Please be aware that I consider this matter to be “in dispute”.

Or does anyone know of a court case where the falier to supply 'deeds of assignment' has won the day?

Regards Charlie

[Steward]

You can use Google to search the web using these links below:-

[slick132]

Hi Charlie,

Perhaps you would be better posting your Q in the General Debt forum. That's where they specialise with loas and debts.

Look here - http://www.consumeractiongroup.co.uk.../general-debt/

Good luck, Slick