Request to state I am Disputing under s78 of the CCA!!!

[Rick2010]

Hi guys,

Just to warn you all. I had a letter from NatWest today. They stated that That requesting validation of the debt and verification of the claim are contained in the USA legislation The Fair Debt Collection Practices Act 1977, and that this Act has no bearing on the credit agreement held with them.

They then also ask me to write back and state that I am disputing my account under s78 of the Consumer Credit Act! Do they think I'm stupid?

DON'T FALL INTO THIS TRAP!

If you do write back and state the above they will have you! Just continue with the template letters on this site.

[ceylon]

correct if you say your in dispute they can take you to court to settle the dispute. there is no dispute either they supply you with what you ask for or you win

[SXGuy]

its my understanding that in regards to disputing the agreement under s78 and s79 of the credit consumer act, OFT guidlines October 2010 stated, failure to provide the alleged agreement within 14 days and after the next 14 days when requested, means that they can not enforce collection of the debt, if they try to apply for court order, the judge "should" require a copy of this agreement before he believes there is a case, in the event he overlooks this, you have a right to write an afirmation to the court asking for a dismissal on the grounds that they are in dispute of the account due to not providing you with an original or true copy of the CCA.

The guidelines clearly stated no court action can be taken until a CCA can be produced.

If they are trying to push you towards this area its likely they have a copy of your agreement and are just trying to brush you off by supplying it.