Invalid CCA provided by M&S Money yet Collect Direct still threatening

CeeBeeDeeBee

Hi

I have a M&S Money credit card which I have now defaulted on and it has been sent to Collect Direct UK for recovery.

I sent off the CCA request letter to Collect Direct and recieved back from M&S Money a copy of my application form along with a 'credit agreement'

The credit agreement was unsigned by me, had no name, address or account number and the interest rates were different from the application form, even the date on the creditors stamp was wrong (some 6 months later!)

I sent back to Collect Direct the letter stateing that was unenforcable and have recieved a letter today;

"Our client has provided in good faith all the information they are required to provide under sections 77 or 78 of the CCA74. They have examined this agreement, and your account, and are satisfied that there is no valid dispute and that they have a legally enforceable agreement with you. This, at the very least, is evidenced by your use of the account and reciept of the credit funds. Our client has therefore fulfilled their obligation with regards to your alleged dispute.

The MOJ and OFT have recently issued a consumer alert, warning people of the riskes of being misled over the enforceability of CCAs. We therefore strongly recommend you now seek legal advice if you intend to rely any further on the alleged breach of any of the acts that govern this account, pertaining to your liability to our client, as your current understanding is inaccurate."

Now I know that the documentation they supplied is not an enforcable agreement or whatever the correct term is, but what do I do next?

Chris

izools

Note that a recent court ruling was made in favour of a Creditor where a technically imperfect version of the credit agreement was produced.

The ability to sidestep the responsibility of your debts by going down the CCA request route is now harder than ever before thanks to this ruling, all I can say is tread very carefully. The DCA aren't giving poor advice when they advise you to seek legal advice.

I'd just pay what I can and if that's £0 advise the creditor accordingly.

I really don't understand why people have such an issue paying their debts, I never tried to shirk the responsibility, and when my creditors flatly refused to accept affordable offers I marched myself up to the local county court, put by hands up and said "I did wrong". I still pay my creditors even after bankruptcy, by way of an IPA, I don't have an issue paying back what I borrowed at a rate that doesn't affect my qualify of life.

Why should anyone else?

dazza.mk

As above, under the recent test case it was agreed that the agreement in question was unenforceable under the Consumer Credit Act, but is enforceable under contract law.

speedbird1973

CeeBeeDeeBee wrote: »

Hi

I have a M&S Money credit card which I have now defaulted on and it has been sent to Collect Direct UK for recovery.

I sent off the CCA request letter to Collect Direct and recieved back from M&S Money a copy of my application form along with a 'credit agreement'

The credit agreement was unsigned by me, had no name, address or account number and the interest rates were different from the application form, even the date on the creditors stamp was wrong (some 6 months later!)

I sent back to Collect Direct the letter stateing that was unenforcable and have recieved a letter today;

"Our client has provided in good faith all the information they are required to provide under sections 77 or 78 of the CCA74. They have examined this agreement, and your account, and are satisfied that there is no valid dispute and that they have a legally enforceable agreement with you. This, at the very least, is evidenced by your use of the account and reciept of the credit funds. Our client has therefore fulfilled their obligation with regards to your alleged dispute.

The MOJ and OFT have recently issued a consumer alert, warning people of the riskes of being misled over the enforceability of CCAs. We therefore strongly recommend you now seek legal advice if you intend to rely any further on the alleged breach of any of the acts that govern this account, pertaining to your liability to our client, as your current understanding is inaccurate."

Now I know that the documentation they supplied is not an enforcable agreement or whatever the correct term is, but what do I do next?

Chris

I think they're saying "Do you feel lucky?"

Give it up, or take legal advice.

ALIBOBSY

My understanding is all the decision stated was that the debt could not be written off. However as the debt was still classed as "unenforcable" no further legal action could be taken. However the court also stated that notes on the credit file could stay in place despite the "unenforcability", suggesting this is not seen as "legal enforcement".

The whole issue of writing off debt was always grey. If they don't have an enforcable agreement they can't take legal action through court, but can and will send letters/make calls/sell the debt on until it reaches the point where it becomes statute barred.

All of this hits the credit file- but for many in financial problems their file is already trashed.

The CCA request may be better looked on as a way of protecting yourself against CCJs and giveing you a stronger position to negotiate full and final settlements.

ali x

CeeBeeDeeBee

Thanks ali

That was my understanding too, that recent cased had gone both ways, one judge writing off the debt due to no CCA and the other saying the creditor can trash your credit file but ultimately cannot enforce it if there is no CCA

I was just wondering if the experts in this field on here had any up to date info regarding these recent cases.

I am going bankrupt anyway but I am doing this for future reference so I can maybe use it to get F&F's on the OH's debts.

Is this a pretty standard response for the DCA and is there a template letter for this?

Chris

ILW

CeeBeeDeeBee wrote: »

Hi


Now I know that the documentation they supplied is not an enforcable agreement or whatever the correct term is, but what do I do next?

Chris

How do you know that?

CeeBeeDeeBee

Hi ILW

Because they haven't supplied me with my CCA, just the application form and a generic Credit Agreement.

Surely they have my CCA, if so why didn't they send me that showing my name, address, cc number etc?

Chris

ALIBOBSY

Yes Chris they all try it on as they know full well they haven't got a legal leg to stand on.
I suppose your next move depends on which way you intend to play it. If eventually you intend to go bankcrupt anyway I would write back and state their client has failed to provide copies of any documents which would be legally enforcable in court and you will not make any payments until they prove such a document exists.
The ball is then in their court.

I would recomend the consumer action group forum as many on their have been through the court process etc. It is a much more litigious group than those on here and there is alot of the legal documents and info you may need linked to on there.

Whatever you decide good luck

ali x

CeeBeeDeeBee

Hi Ali

Thanks for that, thats pretty much what I was thinking. Does anyone have a template letter or know what bits of the CCA74 I should quote?

Chris