CCA received - is it valid?

kimdegsidash

Hi all hope you can help. I was getting doorstep collection/court action threats from Debt Managers Ltd on behalf of La Redoute catalogue for £330. I requested a copy of my original CCA and sent the £1 cheque a couple of weeks ago.

Yesterday Redcats UK (the company behind La Redoute) sent me a letter with an copy of something which I'm sure is not my original CCA. I opened the account in 2004 but don't recall ever signing anything.

I don't know how to upload images on to this forum, so I will type out the text of the letter below. The copy CCA I have received is a good old plain vanilla photocopy of a blank Credit Agreement Regulated by the CCA 1974 Plus Your Statement Explained. It is signed by Henry Heavisides General Manager of La Redoute but the customer signature box is empty. It is not dated at all. There are details of the minimum payment required depending on how much the balance of the account is. There are interest terms. However, I have no way of knowing if this is MY credit agreement from 2004 nor if I ever agreed to these terms?

Here is the text of the covering letter:

Dear Mrs XXX

Re: La Redoute Account XXXXX

I enclose a copy of the standard credit agreement issued when the account was opened [pursuant to section 78(1) of the Consumer Credit Act 1974 and Regulation 3 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983].

The outstanding balance of £3XXX is now with Debt Managers Ltd and payment of the full balance is due immediately. Payment methods are detailed in your latest letter from Debt Managers Ltd.

If you are unable to pay the required amount, please call Debt Managers Ltd on 0844 XXXXXX to discuss payment.

Yours
Sharon Sinclaire
FS Complaints and Support Agent

Can anyone help me to understand if I have a properly executed agreement enforceable in the courts? I would hate to get a CCJ for £300. Thanks.

downnotout

Without seeing it, and I am by no means an expert, but my understanding of the Credit Consumer Act states that it MUST be signed by both the lender and the borrower See link below
http://www.oft.gov.uk/about-the-oft/legal-powers/legal/cca/agreements/
Therefore I would assume that this is not an enforceable agreement. Please wait for someone else to confirm this though.

fermi

kimdegsidash wrote: »

Can anyone help me to understand if I have a properly executed agreement enforceable in the courts?

No. A creditor should not be able to rely on such an agreement to enforce through the courts.

Doesn't necessarily mean that they won't try. Or that a court/judge would abide by the law and refuse a CCJ. It is a bit of a lottery.

It's just now less likely that they will try, as they must know that they don't have anything that (in theory) should allow enforcement through the courts.

view

Bear in mind that even if it is deemed unenforceable and they decide to not chase you for payment, they will - 100% - put a default on your credit file. It will stay on your credit file for 6 years. Weigh up the options of paying this small amount or having the default on your file which will most likely affect your ability to obtain credit in the next 6 years.

kimdegsidash

Thank you guys. La Redoute refused my offer of reduced payment and instead passed to the DCA. I think I should be in a position now to be able to negotiate a reduced payment more within my means. I already have a default GoldenJill so one more won't make much difference. My only concern is my mortgage period ends in two years time so I won't be able to get a good deal and will have to stay on my lender's standard variable rate. Maybe in two years time I will have made F&Fs and had the defaults wiped, you never know!

arttochoke

I also have not signed an agreement with La Redoute. They just made me an account!! Without me asking!! I have not received the goods they sent (apparently) 6 weeks ago and am trying to cancel as the goods are no longer required! If they slam me with something similar I will fight it!!!