Help re wording of letters and signed credit agreement issues

davek1

Hi all i have a bit of a problem and need some help. My computer crashed entailing me having to re-install windows etc. Consequently i have lost all of my letter templates.

i now this has been posted on here many times but does anyone have a template of a letter asking for copies of signed credit agreements in accordance with the CCA. Also a template letter regarding phone contact and harrassment.

many thanks in advance

As an aside i had an interesting conversation this morning with Moorcroft DCA. i had written to them asking them to prove the debt and provide me with a copy of the credit agreement, which they appear to have ignored. I asked for this again on the phone this morning and was told" orange dont operate with signed credit agreements, so we dont have to provide it" Now truthfully i cant recall if i signed an agreement or not but even so it seems a bit strange because they seem to be saying that they are outside the normal rules, any thoughts?

Aditionally i asked another creditor for a signed credit agreement and they sent me a copy of a blank agreement with a letter saying they do not have to provide a copy of the signed agreement but that a blank copy will suffice.

Any thoughts or ideas as usual much appreciated

Dave

file_wizzard

davek1 wrote:

As an aside i had an interesting conversation this morning with Moorcroft DCA. i had written to them asking them to prove the debt and provide me with a copy of the credit agreement, which they appear to have ignored. I asked for this again on the phone this morning and was told" orange dont operate with signed credit agreements, so we dont have to provide it" Now truthfully i cant recall if i signed an agreement or not but even so it seems a bit strange because they seem to be saying that they are outside the normal rules, any thoughts?

True, Mobile phone contracts are not governed by the CCA, and hence technically they can be enforced as a simple form of contract, this does not require a signed agreement to be in place.

davek1 wrote:

Aditionally i asked another creditor for a signed credit agreement and they sent me a copy of a blank agreement with a letter saying they do not have to provide a copy of the signed agreement but that a blank copy will suffice.

True, however if the want to enforce the debt in court they will need to provide a correctly executed CCA agreement.

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Prove it letter;


I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

davek1

Bump!!!

Sorry guys any other thoughts on the situation re the above i'm still slightly confused. I thought creditors had to provide a copy of the signed credit agreement

Help

Dave

file_wizzard

davek1 wrote:

Bump!!!

Sorry guys any other thoughts on the situation re the above i'm still slightly confused. I thought creditors had to provide a copy of the signed credit agreement

Help

Dave

For a CCA governed agreement yes, a mobile phone contract is not a CCA agreement though.