requesting to see copy of signed credit agreement

wazza24 · 4 October 2007 at 11:09AM

Hi there was wondering if anyone can help. i am considering writing to my creditors and requesting to see the the signed credit agreements they are supposed to have.

I have read a few similar posts on this site and copied some of the template letters that have been given. I will post the letter i am considering sending and would appreciate any feed back on it.

Dear Sir/madam

Re: Request for true copy of the alleged agreement

Ref: REC4/*********
I am writing to request that you supply the following documentation regarding the alleged account. Account no: 7/********

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) ConsumerCreditAct 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 a criminal 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 19th October 2007, 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 sincerely

wazza

Thanks to the original creator of the template letter, who ever you are.
once again i would appreciate any feedback....

wazza

Miss_Frankie · 4 October 2007 at 4:07PM

Hi Who are you creditors? Let me know how you get on with this? Have you heard of anyone being sucessful?

Miss Frankie

wazza24 · 4 October 2007 at 6:23PM

Hi miss frankie, yeah no probs i will let ya knoe how it goes. The way i see it is if they have their paper work in order, well i have nothing to lose but if they dont then i have plenty to gain. :rotfl:

i have read a couple of posts that seem to have been successful, after the 12+2+30 days the company either sends a letter to say that the debt is written off or they just stop contacting. with out the signed credit agreement they are powerless to enforce the debt. and considering they just made the money up out of thin air, i have no great moral dilemma with that.(you might want to watch the documentary below to see what i mean about that)

my creditors are
Capquest
Blair, oliver and scott
Egg
and Halifax cred card

moonlightpjs · 4 October 2007 at 7:17PM

Looks good

Edit: Sorry forgot to add, you must state at the top of the letter that you do not acknowledge any debt to the company, eg

regularsaver1 · 4 October 2007 at 7:30PM

Don't you get a copy of the agreement when you apply?

moonlightpjs · 4 October 2007 at 7:40PM

Yes you should but in my case, it was to get the DCA's off my back and stop hounding me and scaring me. If a DCA is chasing the debt then they should be able to provide you with a CCA - if they can't then the debt is unenforceable.. Catalogue debts for instance nearly always do not have a CCA as its all done by mail order/internet and are quick to provide you with credit without following the correct procedures ITMS.

Credit card agreements have to contain certain information in them for the CCA to be legal, sometimes you just sign an application form, this is not a true executed CCA and therefore, again unenforceable.

regularsaver1 · 4 October 2007 at 7:56PM

so basically are you saying - apply for a card/loan/buy things on a catalogue

and then if they can't product the credit agreement you get out of paying??

wazza24 · 4 October 2007 at 10:41PM

hi weller thanks for the further info, i had already added that after reading your pm to me earlyer......Thanks again:j

To Regularsaver, the banks would expect, and do hold you to every point of the law. We should expect them to do the same, if they can supply me with the relevent documents then i have no choice but to pay but if not then they are breaking the law by trying to force me to pay......simple:D

Herbie21 · 5 October 2007 at 9:01AM

Due to the strict time limits imposed when requesting a CCA, we nearly always find that the debt collecting company will write to you to say that the debt has been returned back to the creditors.

Most Debt Collection Agencies, although giving the impression that they are working ON BEHALF of the creditor, rarely are.

This is because a lot of Debt Collection Agencies have actually PURCHASED the bad debt book from the creditors.

In this case they can't very well go back to the bank/credit card co/catalogue company and ask for a refund!!!.

Instead, they will SAY that they have contacted the creditors etc, but in reality they have written the debt off. Hopefully they do not sell it on to yet another company.

If they do, simple........another CCA request.

wazza24 · 5 October 2007 at 1:04PM

Cheers Herbie................:j
Have ya been in the same position ? if so what was the outcome for yourself ?

uncle_pablo · 5 October 2007 at 1:35PM

Hi,

My 12+2+30 days are up in about 10 days. Im dealing with Thames Credit for a c-card debt from 1996/7. After my first letter they wrote back asking me to send further information about myself (previous addresses etc) - needless to say I ignored that request. Havent heard anything since.

Will let you know!

Good luck,
Pablo

requesting to see copy of signed credit agreement

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