Unenforceable Credit Agreements

angiemax28

Hi,
I sent out a letter to a couple of my credit card companies that I dont like (have just reduced credit limits etc with no warning!) asking for a 'true copy of the credit agreement etc' (I used an excellent template to do this) this is the letter I have got back from capital one. Please can anybody tell me what to do next as I am confused. My husband sent one to mint and they have returned a copy of his original signed copy from 11 years ago.

Thank you for your letter requesting copy documents for your account.

You requested cipies of the executed credit agreement and a statement of your account under section 78 of the Consumer Credit Act 1974.The status of your account as at the date of this letter, is currently open and active and up to date.

Blah blah blah.

then the next letter is a copy of ' credit card agreement regulated by the consumer credit act 1974'
It is unsigned.

Firstly I asked for a true copy and they just mention copies...
The document is unsigned, does this mean I can go ahead and say that the account is unenforceable - and if so, how do I do that?

I read somewhere that the true copy does not need to be signed, so how do I know if this account is unenforceable or not??

Any help please would be really really appreciated
Angie

PROLIANT

So you want to screw the credit card company because you do not like them?
Why? How would you feel if they trashed your credit rating because they did not like you as a customer? Not really the right thing to do is it. :think:

yelowee

If you lost your statement and were unable to pay by the right date due to a lack off paying in slip they would charge you a late fee and say that it was your fault for losing it?? I say if they have lost your agreement that is there problem and you are very entitled to look into the legality of them trying to continue recovering the debt!

I'm am by no means what so ever even well informed on the matter but am quite sure that you are correct, they have no legal right to collect on the debt and are breaking the law if they attempt to do so now that they are aware of the issue. Make sure that you have asked for a signed copy of your credit agreement and haven't inadvertently missed that bit out before you go any further though.

angiemax28

thank you for your kind comments however my question has not really been answered... and they did screw my credit score, by running 6 searches on my account - when I asked them to remove them I was told they can run that many as they had initially put in my name wrong!!!

druss

Hi Angie

My understanding is they do not have to have a signiature, however the document must be personalised with your details and not a standard contract, ie must have borrowed amount/limt, interest rate applicable, your name/address etc.

There are many more potential errors than just the true copy issue that could result in you getting an amount written off.

If your not sure what to do there are four options to proceed

1. Read all the rules of consumer credit act 1974.(v boring)

2. Find a company to help you, there are several - credit issues, monsterclaims, etc. google unenforceable credit agreements and take your pick, be careful as some companies charge and only review the agreement and some will take it all the way through the legal process.

3. Try to find a solicitor who specialises in consumer credit cases.

4. Try the consumer credit action forum, be warned that they are not experts/solicitors though so quality of advice can vary.

Some of the above will cost you money, if you have buildings/contents insurance check your policy for ' legal protection cover ' , some insurers exclude claims for mortgage/cc/loan complaints some do not.

This means you may be able to get your fees paid by making a claim on your insurance

I'm not an expert when it comes to legal aid but if you qualify for legal aid then this might also cover legal fees

Hope this helps

PROLIANT

Simon_P wrote: »

It never ceases to amaze me how many people only seem to decide thier credit agreement is unenforcable AFTER they spend the credit.

Agreed, it is called "I am British and can't take responsibility for my life" syndrome, I have challenged so many similar posters on this forum and they all seem to sing off the same hymn sheet, almost like they have been educated to recite the same crap over and over.
The same sadistic lame characters will happily evade paying for anything they can wiggle out of in life and will happily contribute to the financial pressure of the UK and sit back and laugh at those of us whom work hard to pay our debts and generally pay our way in life - then the same "characters" come back with some form of stupid reply about their moral stance in life and how they don’t care, well they ought to remember what goes around - comes around.

End of rant

Merlinexcalibur

Mmm. Interesting. So, as people are losing their jobs now and have been for many a year now. Those same people, by your 'rant' are 'avoiding debt' when they probably can't afford to pay? Not that they will not. It's always nice for someone to spout on about these things until you have experienced it. If you have, I apologize but I will not apologize for pointing out that not everyone is avoiding because they 'refuse to pay!'.

Or, possibly, you'd like to see those same people thrown out on the streets, in a Debtors Prison. Because, from what I see of most in the UK, you are punished harshly for simply being poor, and kicked in the teeth. I must be missing something somewhere. Obviously.

Now, if you were to lose your job tomorrow, I am afraid I would have not one ounce of sympathy for you simply because of your 'moral' rhetoric in your post above this. Just the same I would have none for anyone who condemns people when they hit hard times. Just about typical for the UK, then. Tut tut!

Edit - and before anyone 'preaches' to me about 'morals'. Morals are a set of values which changes from individual to individual ie is the 'perception' of one person to another. What may be 'moralistic' to you may not be to me. I never take the high ground, only common sense.

simon_templar_2

It seems to me the OP is attempting to find a way not to pay back the credit cards despite having been happy to run the total bill upto god knows what. They are not having financial problems (if they were there are appropriate actions to take) but merely chancers who dont want to pay their way anymore.

PROLIANT

I have experienced financial hardship in the past, to the point of going without food, hot water and heat.
I chose not to pay my creditors because I couldn’t as I had no money, I did however keep in touch from time to time letting them know the situation but most of them were not interested - so they got nowt!
When I got back on my feet I sorted things out but the poor credit history followed me around for many years, what I am trying to get across here is that there are genuine people facing financial hardship due to redundancy etc but the folk who choose to live a walter-mitty life style by living beyond their means and keeping up with the Jones, basically pretending they are somebody they are not - then they cry wolf when the bank calls in the debts and have the ordasity to steal money off the bank by claiming back defaults charges and even have the debt written off??

It’s a bit like humping somebody else’s wife then kicking the shat out of the betrayed husband.
For those who are facing financial hardship get help from a legitimate body like the CAB, even try and speak directly to your creditors, don't jump on the bandwagon with these knob-rott's and make others suffer please.

[Deleted User]

Hi Angie,

Im looking for some advice, how did you go about getting the credit card without signing anything? Im looking at buying a new Plasma, 3 piece suite and a new kitchen but i dont want to have to pay for it, which company are you with? im hoping to do the same as you