urgent advice needed please

cliffsgirl

i wrote off to a catalogue company asking for my signed credit agreement and today received a letter back. it states i have accepted the terms of the credit agreement, as i have used their catalogue for some time by placing orders and paying for goods. It then goes on to say they have to correct my statement that they are under obligation to provide a signed copy of the agreement, all they have to do is provide a copy of the credit agreement, and it is not necessary to provide a signature box, they then refer me to regulation 3 of the consumer credit agreement, can anyone tell me if this is true. does this mean they can take me to court, i am not trying to back out of paying but if they can't legally pursue the debt this would mean i would be in a stronger bargining position with regards to payment plans and settlement offers.

file_wizzard

cliffsgirl wrote:

i wrote off to a catalogue company asking for my signed credit agreement and today received a letter back. it states i have accepted the terms of the credit agreement, as i have used their catalogue for some time by placing orders and paying for goods. It then goes on to say they have to correct my statement that they are under obligation to provide a signed copy of the agreement, all they have to do is provide a copy of the credit agreement, and it is not necessary to provide a signature box, they then refer me to regulation 3 of the consumer credit agreement, can anyone tell me if this is true. does this mean they can take me to court, i am not trying to back out of paying but if they can't legally pursue the debt this would mean i would be in a stronger bargining position with regards to payment plans and settlement offers.

Pack of lies,

an unsigned agreement is worthless and completely unenforceable, you have the upper hand and they know it.

Pay it back at rate comfortable to yourself

Thefunkygibbons

Sounds like they don't have one

Did you use the standard letter and pay them the £2 postal order?

Perhaps someone will post it in here as it has all the legal wording you need

ben500

cliffsgirl wrote:

i wrote off to a catalogue company asking for my signed credit agreement and today received a letter back. it states i have accepted the terms of the credit agreement, as i have used their catalogue for some time by placing orders and paying for goods. It then goes on to say they have to correct my statement that they are under obligation to provide a signed copy of the agreement, all they have to do is provide a copy of the credit agreement, and it is not necessary to provide a signature box, they then refer me to regulation 3 of the consumer credit agreement, can anyone tell me if this is true. does this mean they can take me to court, i am not trying to back out of paying but if they can't legally pursue the debt this would mean i would be in a stronger bargining position with regards to payment plans and settlement offers.

Can you reproduce the wording here for us?

The_Wolfman

Under contract law you don't have to have a signed agreement. If they have sent you an agreement which you have not signed but you have used their services and account in the normal manner, it is taken that by your actions you have agreed to the T&C's.

This is a bit of a funny one really but is a long standing precedent. As for providing a copy of the agreement you have signed????? Not sure what the stance is, sorry

From my understanding though you are legally bound by the agreement, signed or not.

cliffsgirl

ben500 wrote:

Can you reproduce the wording here for us?

they say, i must, however, correcy your statement that we are under obligation to provude a facsimile copy of a signed agreement. The regulations only require us to provide a copy of the agreement and it is not necessary to provide a signature box. I refer you to regulation 3 - consumer credit (cancellation notices and copied of documents) regulation 1983 (SI.NO. 1557)

file_wizzard

cliffsgirl wrote:

they say, i must, however, correcy your statement that we are under obligation to provude a facsimile copy of a signed agreement. The regulations only require us to provide a copy of the agreement and it is not necessary to provide a signature box. I refer you to regulation 3 - consumer credit (cancellation notices and copied of documents) regulation 1983 (SI.NO. 1557)

o.k

(1) they are not wrong in what they are saying however as Civil law is ruled by precedent & the current interpretation by the justices is that an unsigned agreement is unenforceable they are not going to get very far with the above stament. If however the creditor can cite precedent to the contrary then good luck to them !

(2) Yes under contract law you do not have to sign an agreement to be bound by its terms, however you are not disputing that a contract to supply goods was in place. you are disputing that the payment method was via a credit agreement which they are now unable to correctly document