Help Needed TY

mojoparrot

Hi
Can anyone advise me please. I have had a Creation store card account for around 14 years and due to loss of work etc I have been unable to keep up the payments. The debt has now gone to a solicitors who are to persue a CCJ against me. I have asked for the credit agreement prior to the application court. I wonder whether the credit agreement will be enforcable or not and wonder whether anyone can advise me what to look out for. I have very little cash to make a repayment and the solicitors want the balance paid which is £4000. Can anyone give me advise on how to proceed with this. I have never been in debt like this before and am not sure what to do.
Thanks in advance!

GeorgeUK

You say you have asked for a copy of the credit agreement. Did you pay the £1 fee for this?

With a CCA request, it is very rare that you get a copy of the original agreement and this is what you need to see as this would be produced in court if you disputed the enforcability of the debt.

To get a copy of the original signed agreement, i would send a subject access request (SAR - cost £10) to the original creditor. It should supply you with a copy of all data they hold on you including transactions and copies of documentation.

Here are some threads that may be of use.
Details: http://forums.moneysavingexpert.com/showthread.html?t=578486
Legislation: http://forums.moneysavingexpert.com/showthread.html?t=1496721
The user never-in-doubt also posted a thread with various template letters you may be able to use.
http://forums.moneysavingexpert.com/showthread.html?t=2060575

Do you know if you have a default for this debt? If you don't have a default then they should not be taking you to court.

Also, are they saying they WILL take you to court or that they MAY?

mojoparrot

Hi thanks for the reply, I have had several default notices for this account as I was not able to pay for the last couple of months. I dont have the agreement, but did contact the original lender who told me that now this has passed to the solicitors I would need to get the agreement from them (they havnt put in a request for it yet). I spoke to the solicitors who told me that they wernt bothered if I tried to make some small payments to them as they were applying for a court date. They also wanted to know why I wanted to see the credit agreement!

RAS

mojo
have you recieved court papers yet?

GeorgeUK

If you send a subject access request along with the £10 fee, they are required under the Data Protection Act to supply the information. They can't just fob you off saying contact someone else.

You are allowed to request a copy of the agreement at any time. This is your legal right.