application form or cca

debtnstress

hi, just needing some advice. in jan 07 i told my bank i could only pay £20 per month for my cc, so they defaulted my account. i paid their in house dca monthly and never missed a payment. In Oct 07 I received letters from legal and receivables saying they owned my debt, but they were collecting for phoenix recoveries, they threatened bancruptcy if i didnt pay full £3,500, i cca'd them in november 07, but still sent them monthly payments. this month they have sent me a copy of my bank account application which i have signed, also a page with 'credit agreement regulated by the cca 1974' at the top with a box with my signature and my bank managers signature. there is no reference to payment terms or credit limits or any monetary values. my payments to all other creditors are up to date. not sure what to do next, continue paying because i borrowed the money in the first place or stop til they prove their entitled to collect it. btw i received a notice of assignment from them in oct 07 - is this different to a deed of assignment which they were supposed to supply me with with statements and signed cca. does anyone think i've just received an application form. any advice appreciated. thanks

GeorgeUK

As this credit agreement was taken out before April 2007, the prescribed terms are still required.

As the prescribed terms are not there, they have not yet fulfilled their obligations with respect to the Consumer Credit Act 1974. The debt is unenforcable and you can stop making payments. There is a template letter for the 12+2 days that you can send. It is no longer a criminal offence for them to take longer than 30 days to supply this information, but the 12+2+30 day letter is worth looking at to make sure you inform them of everything they should and should not be doing.

I would save whatever payments you are currently making to them so that you can perhaps make a settlement offer later. (Make sure it is full and final)
It does sound like you have been sent an application form and this is not whaat you requested. The notice of assignment is basically the same as the deed for your purposes - they do have permission to collect the debt on behalf of the other party, but the debt right now is unenforcable.

http://forums.moneysavingexpert.com/showthread.html?t=963087

debtnstress

thanks George
will read your link, do a bit of research and work out best plan of action.