Asking creditors for credit agreement?

Hi V and welcome :hello:

Legally and morally it is a grey area and it is really down to your own moral judgement (and guts on how far you are willing to push), but here are the relevant rules:

1) If an agreement comes under the consumer credit act and the debtor or their representatives cannot provide you with a true signed agreement, the debt is legally unenforceable through a court.

2) If you have not acknowledged a debt that is regulated under the CCA for a period of six years or more then it is also legally unenforceable by a court.

Here are a few recent threads that might be of help:

http://forums.moneysavingexpert.com/showthread.html?t=573294

http://forums.moneysavingexpert.com/showthread.html?t=582834

http://forums.moneysavingexpert.com/showthread.html?t=578486

Hope some of this will help you. Bankruptcy is a big step. Are these debts the symptom of a bigger problem? If so please read this thread http://forums.moneysavingexpert.com/showthread.html?t=562271 and consider maybe posting an SOA or following the advice given there? we are here to help you as much as we can without being judgemental, this means knowing as much as we can.

Good luck x

Hiya,

Firstly, it is likely the DCA has not purchased the debt but are simply acting as an agent for collection on behalf of the original creditor. Most likely a CCA request to the DCA will result in them passing the debt back to the Original creditor.

With regards to whether the debt can be enforced A Consumer Credit agreement, as a bare minimum must contain ALL the prescribed terms as per the Regulations and be signed by the debtor. This is the bare minimum requirement for a judge/court to consider granting an enforcement order. The prescribed terms in this type of account are Credit Limit, Rate of Interest and Repayments. If the agreement is missing any of these terms then it is unenforcable.

Your next step is to CCA the DCA, then when you get a response from them post it up and we'll advise you what to do next.

regards,
Shane

to be honest I'd be surprised if the original creditor had no document at all that they they purport to be an agreement especially if you opened the accounts after 2002.

There is a mich higher chance what they hold on you is nothing more than a precontractual application form which lacks prescribed terms meaning the debt is completely unenforcable. We'll have to wait and see i suppose!

In regards to your credit file there isn't really a definitive answer as to what the reprecussions will be. If there is infact no agreement whatsoever then a letter to the original creditors company secretary and chairman combined with a complaint to the Information Comissioners Office saying they have breached the data protection act in that as no agreement exists they did not have your consent to process your data should suffice to remove any adverse credit data and force them to cease and desist any further processing.

If there is an agreement but it is unenforcable then though they cannot enforce the debt, they will claim to have your consent to process and by virtue of Section 2(A) of Schedule 2 of the Data protection act that the debt stipulates a valid contract between you and them which allows them to process data thereof in relation to it.

I don't want to get to technical at this stage lets see what response you get from the dca first and take it from there

regards,
shane