pre 2007 credit agreements

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jobe1972
jobe1972 Posts: 43 Forumite
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hi all could someone help me as i am getting conflicting information i asked a credit card company for a cca which they sent but it wasnt a true copy wasnt signed ..so i was informed that because the agreement was from 2002 and it isnt signed it cant be enforced through the courts ..could someone tell me is its true or not i am being threatened with a ccj i cant afford the debt so my options are a DRO but if i am hit with a ccj this will push my debt above the limit of a DRO ..

thankyou

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  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
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    A reconstituted agreement is fine - it doesn't need to be a signed copy.
  • jobe1972
    jobe1972 Posts: 43 Forumite
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    thankyou for the reply i was told by many at the CAG forums that a reconstituted agreement for a pre 2007 agreement wasnt enforcble and to ignore the threatening letters as they couldnt enforce the agreement without my signature.. they said that a reconstituted agreement was only enforcable if the agreement was taken out after april 2007

    now i dont know whos right
  • boo_star
    boo_star Posts: 3,202 Forumite
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    jobe1972 wrote: »
    thankyou for the reply i was told by many at the CAG forums that a reconstituted agreement for a pre 2007 agreement wasnt enforcble and to ignore the threatening letters as they couldnt enforce the agreement without my signature.. they said that a reconstituted agreement was only enforcable if the agreement was taken out after april 2007

    now i dont know whos right

    I found this (it is a Wordpress blog but does have case citations)

    https://paulatwatsonssolicitors.wordpress.com/tag/unenforceable-credit-agreement/

    It would appear that a signed copy of the original agreement is not required.
  • jobe1972
    jobe1972 Posts: 43 Forumite
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    see even in your own forums its conflicting lol i found this from a poster from nationaldebtline

    Hello there,

    A reconstituted agreement would satisfy an information request under sections 77-79 Consumer Credit Act 1974. It may not prove, however, that the agreement is legally enforceable. We often come across reconstituted agreements that are missing the signature of the applicant for example - Pre 6th April 2007 they are likely to be irredeemably unenforceable.

    Best wishes,

    David @ National Debtline.
  • boo_star
    boo_star Posts: 3,202 Forumite
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    jobe1972 wrote: »
    see even in your own forums its conflicting lol i found this from a poster from nationaldebtline

    Hello there,

    A reconstituted agreement would satisfy an information request under sections 77-79 Consumer Credit Act 1974. It may not prove, however, that the agreement is legally enforceable. We often come across reconstituted agreements that are missing the signature of the applicant for example - Pre 6th April 2007 they are likely to be irredeemably unenforceable.

    Best wishes,

    David @ National Debtline.

    It's incorrect.

    Essentially, the creditor not having the signed document doesn't mean the debtor has an absolute defence against the claim but the creditor would need to prove, on the balance of probabilities, that such an agreement existed.
  • chattychappy
    chattychappy Posts: 7,302 Forumite
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    boo_star wrote: »
    It's incorrect.

    Essentially, the creditor not having the signed document doesn't mean the debtor has an absolute defence against the claim but the creditor would need to prove, on the balance of probabilities, that such an agreement existed.

    Not doubting you, but curious. Can you cite an authority for this?
  • boo_star
    boo_star Posts: 3,202 Forumite
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    chattychappy wrote: »
    Not doubting you, but curious. Can you cite an authority for this?

    Would the law society gazette suffice?


    http://www.lawgazette.co.uk/law/consumer-challenges-to-bank-charges-and-loan-agreements/56790.fullarticle
  • chattychappy
    chattychappy Posts: 7,302 Forumite
    edited 24 May 2016 at 8:12AM
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    boo_star wrote: »
    Would the law society gazette suffice?


    http://www.lawgazette.co.uk/law/consumer-challenges-to-bank-charges-and-loan-agreements/56790.fullarticle

    Ah yes the Carey case. I remember it now. Thanks.
  • scoly
    scoly Posts: 77 Forumite
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    jobe1972 wrote: »
    see even in your own forums its conflicting lol i found this from a poster from nationaldebtline

    Hello there,

    A reconstituted agreement would satisfy an information request under sections 77-79 Consumer Credit Act 1974. It may not prove, however, that the agreement is legally enforceable. We often come across reconstituted agreements that are missing the signature of the applicant for example - Pre 6th April 2007 they are likely to be irredeemably unenforceable.

    Best wishes,

    David @ National Debtline.

    There appears to have been conflict within 10 minutes in the thread from 2014 of that post you quoted

    http://forums.moneysavingexpert.com/showthread.php?t=5023860

    see post#5 by fermi in that thread

    :cool:
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