Is my credit card debt unenforeceable???

moby1963

I have about £4500 debt on a credit card and they have written to me and admitted they do not have a signed written agreement. Does this mean that the whole debt is unenforeceable?? Do i still have to pay and What do i do next / what should i write? Help would be much appreciated.

di3004

moby1963 wrote: »

I have about £4500 debt on a credit card and they have written to me and admitted they do not have a signed written agreement. Does this mean that the whole debt is unenforeceable?? Do i still have to pay and What do i do next / what should i write? Help would be much appreciated.

Hi there I am sure someone will post up on this, but have you tried requesting for a SAR of you can't get hold of your details otherwise?

I take it you have asked for this agreement, was it verbally or in writing?

How long ago was this when you had taken this out (what year)?

moby1963

Thanks for your reply, I had a look at that SAR letter ( i hadnt noticed it before). I cant remember when i took out the CCA, but i have tried claiming back my PPI and they will give back the PPI premiums to 2002 which is a sum of £1488. It does not appear to include interest and states the premiums would only have attracted interest if i had chose not to pay the full balance each month.

After receiving this offer in December, i still realised the they hadnt sent me a copy of my signed agreement and terms and conditions (i have asked several times since October). The last letter i wrote to them 1st Feb, i requested the agreement and advised i would contact the ICO if i did not get it.

They replied within 7 days and their reply letter actually states "we do not hold a copy of your signed agreement so, unfortunately, i am unable to provide you with this." ... it then continues to remind me of their goodwill offer and to sign the declaration.

Do i still need to do a sar letter? What shall i do next?

oscar52

As far as I am aware (am not an expert - but are some on DFW board) - if there is no agreement, its unenforceable.

petermb_2

moby1963 wrote: »

Thanks for your reply, I had a look at that SAR letter ( i hadnt noticed it before). I cant remember when i took out the CCA, but i have tried claiming back my PPI and they will give back the PPI premiums to 2002 which is a sum of £1488. It does not appear to include interest and states the premiums would only have attracted interest if i had chose not to pay the full balance each month.

After receiving this offer in December, i still realised the they hadnt sent me a copy of my signed agreement and terms and conditions (i have asked several times since October). The last letter i wrote to them 1st Feb, i requested the agreement and advised i would contact the ICO if i did not get it.

They replied within 7 days and their reply letter actually states "we do not hold a copy of your signed agreement so, unfortunately, i am unable to provide you with this." ... it then continues to remind me of their goodwill offer and to sign the declaration.

Do i still need to do a sar letter? What shall i do next?

I would initially request a copy of the executed agreement under section 78 of the consumer credit act 1974. You will need to send £1 wiht your request. The lender has 12 days to provide the document. Failure to comply will render the loan unenforceable. I would then SARN the lender for £10 requesting all statements and correspondence .

di3004

moby1963 wrote: »

Thanks for your reply, I had a look at that SAR letter ( i hadnt noticed it before). I cant remember when i took out the CCA, but i have tried claiming back my PPI and they will give back the PPI premiums to 2002 which is a sum of £1488. It does not appear to include interest and states the premiums would only have attracted interest if i had chose not to pay the full balance each month.

After receiving this offer in December, i still realised the they hadnt sent me a copy of my signed agreement and terms and conditions (i have asked several times since October). The last letter i wrote to them 1st Feb, i requested the agreement and advised i would contact the ICO if i did not get it.

They replied within 7 days and their reply letter actually states "we do not hold a copy of your signed agreement so, unfortunately, i am unable to provide you with this." ... it then continues to remind me of their goodwill offer and to sign the declaration.

Do i still need to do a sar letter? What shall i do next?

Hi

I would firstly try by doing what Peter suggests above, which will just cost you a £1 postal order or cheque payment, as soon as you receive that document please post back, cheers and good luck.;)

Buzzaway

Hi,

I'm new to this but have similar problems with 1st Credit - i requested my agreement on the 15th January but have only just received the front cover back on the 10th February - what is this about the lender only having 12 days to provide the document as they obviously didn't achieve that. They are also asking me to confirm my signature address etc and then they will send the full agreement. I am still waiting for the deed of assignment. Not sure what to do nect - help

di3004

Buzzaway wrote: »

Hi,

I'm new to this but have similar problems with 1st Credit - i requested my agreement on the 15th January but have only just received the front cover back on the 10th February - what is this about the lender only having 12 days to provide the document as they obviously didn't achieve that. They are also asking me to confirm my signature address etc and then they will send the full agreement. I am still waiting for the deed of assignment. Not sure what to do nect - help

Hi there
If your having any problems with receiving anything, as it is 12 days for a CCA request and you have not received this yet, check with them to make sure if they are sending this out or not, because otherwise you could contact the Information commissioners office (ICO) I will add the contact details below for these, if it is an SAR request that is longer at 40 days, as generally you receive more info going back as far as 6 years or so, there is a SAR template on site if you require this which may be useful for reclaims.
https://www.ico.gov.uk/Global/contact_us.aspx

This company are useful for the above matter.
But ring them to double check on this, if they say they have sent it tell them you have not received this and you want another (do not pay again for this as they charge a £1 postal order of check payment for for the agreement request), I take it you have already made a payment for this CCA request?

Good luck.;)