Unenforceability - No Credit Agreement

LisaLash

Hi All,

This maybe the wrong area for this but I wasn't sure where else to put it.

I sent a request to Shop Direct for a copy of my signed Credit Agreement they have replied to say that they can not find a signed copy and sent me a new credit agreement (for me to sign I expect) with a copy of the T&C's.

What would my next step be? Looking back at the old Unenforceability & Template Letters III forumbut there doesn't seem to be an option for to reply if they can't find your CA?

Any help would be very welocme...

Thank you x

LisaLash

Just bumping this up to see if anyone can help?

Cheers x

Marisco

Hi Lisa, I requested a CCA off Shop Direct, I also got a letter saying they couldn't find one and sent me something "that would have been in place at the time" Yeah right!!! So I did nothing. I then got a letter off them saying it was defaulted and passed over to Lowells. I got a letter off Lowells saying they had the debt and demanding payment. So I sent them a CCA request. I then got a letter saying they had requested it from Shop Direct. Then I got a letter saying it couldn't be found, they were passing it back to SD and I've heard nothing since!!! Don't sign the new one!!!! I think there is a template for a follow on letter on the "Unenforceable" thread. Good luck!

podperson

I think there is a letter for an invalid/uneforceable cca, maybe just adapt slightly to say that there is no cca. Should be the same principle.

LisaLash

Thanks for the replies. x

barbiedoll

Try this letter....

http://forums.moneysavingexpert.com/showpost.html?p=33791811&postcount=18

mcjordi

same happened here but they sent my cashback form as a cca rofl and a blank cca to "sign" yeah right.. nothing heard from them for a while but still registering defaults on my file.. ( im not fussed anymore my credit is stuffed)

LisaLash

Hi Folks,

I sent away the original letter asking for a copy of the credit agreement, which they replied to saying they couldn't find the original CA but sent me another one to sign (no chance!).

I then sent on the follow up letter explaining that they can not chase me up for the debt and, blah,blah,blah...

I have now received a letter from them saying that they have placed a default on my account but nothing about the debt being unenforceable.

What should my next step be? I can't seem to find the thread which gives you the step by step guide.

Thanks everyone.

KingElvis

Lisa, I may be corrected but I think that's pretty much it. If they can't find it, they can't enforce it.

Doesn't stop them trashing your credit file in a huge way though.

barbiedoll

This is probably the thread that you're looking for...

https://forums.moneysavingexpert.com/discussion/2532927

sofababe

LisaLash wrote: »

Hi Folks,

I sent away the original letter asking for a copy of the credit agreement, which they replied to saying they couldn't find the original CA but sent me another one to sign (no chance!).

I then sent on the follow up letter explaining that they can not chase me up for the debt and, blah,blah,blah...

I have now received a letter from them saying that they have placed a default on my account but nothing about the debt being unenforceable.

What should my next step be? I can't seem to find the thread which gives you the step by step guide.

Thanks everyone.

Your next step is do nothing. Forget them. They can't do anything. You have sent them the letter to say its unenforceable until such time as the CCA is located. They will pass it back and forth between DCAs but just ignore them. After 6 years it will be statute barred, regardless how many defaults they issue. If u really want to save your credit file too much damage u could try a F&F but if u don't care, sit back, pour yourself a drink and relax