Very. Cca question

messidebt

hi,

i have recently sent a cca request to very catalogue which they have replied to but the documents they have sent back contain no signatures by myself or even any attempt by them to make it look like i have signed it, is this enforcable or is this enough for me to say i am not paying the debt?

i would upload copies but i cant

many thanks in advance for any help

saltnvinegar

First important question:

When did you take out the credit account? Before or after April 2007?

A physical signature is not necessarily required as Very accounts typically were taken out over the internet therefore entering your name/surname and ticking a box may have been sufficient for a signature.

But its the date you entered into the alleged credit agreement thats important.

fermi

They are not obliged to send you a signed copy of the agreement, even if it was taken out before April 2007 and wasn't taken out online.

OFT1266 - Need information about your credit or hire agreement?

What you should get

You should get a copy of your agreement. If it's hard to read, for example a bad photocopy, ask them to send you a better version.

It doesn't have to be the document you signed, though if it isn’t, they should let you know. The paperwork should:

• tell you what your original agreement was, and if there were any changes made to it later
• include your name and address at the time you first signed the agreement, but it doesn't have to include your signature, or the date you signed it
• include the statements about your rights that were in the agreement you signed.

You should also get copies of any other documents mentioned in your agreement, although there are some that you don't have to be given.

You should also get a statement of your account (that they have signed) telling you:

• how much you still owe
• how much you should be paying and when
• if you borrowed a fixed amount of money, from the bank or someone else, how much you have paid already.

saltnvinegar

Totally right Fermi

The OP mentioned UE though so without the date of agreement I didnt want to advise further

SnV

messidebt

my agreement was taken out august 2006

Tixy

They don't need to send you a signed version no. They are allowed to send a 'true copy' without the signature information on it.

messidebt

ok thanks, so what would anyone advise as my next step? basically i have to pay the money yeah?

fermi

Any actual copy agreement they have may not be enforceable in court if it went that far. But as said, they don't need to provide an actual photocopy in order to comply with a simple CCA request.

Was the account taken out online? If so, then even an electronically agreed agreement could be enforceable in court.

If there should be a physically signed paper agreement somewhere, then you might consider using a Subject Access Request (SAR) to get a copy. There is no exemption under that from providing any signed copy they hold, but it does cost £10.

saltnvinegar

Hi Messidebt

Exactly why have you sent a CCA request to Very in the first place? How much do you owe them? Have you defaulted yet? Do you have any other debts?

It would be difficult and irresponsible to really advise you without understanding your overall position.

When you make statements like "basically i have to pay the money yeah?" and are talking about unenforceability it suggests that you are simply looking at a way of avoiding your debts rather than dealing with them. Apologies if this is not the case but that is how it comes across.

If you are in a debt position perhaps you could start by posting your Statement Of Affairs (SOA) and posters would be in a better position to help you. You can find a good SOA calculator here and post the results to the MSE forums:

http://www.makesenseofcards.com/soacalc.html

As for your next steps? Well thats the reason for the questions above really. It depends on your overall position and what you're trying to achieve.

Best

SnV

BigCraigJohn

Thats the thing with challenging a cca, if its a matter of a few hundred or so its really not worth it as you'll be defaulted and wont get any credit for 6 years. If its a larger balance which you will never pay off or can not afford to pay back then it is maybe an option. It should not be used as a way of getting out of paying something but if it something you can not afford and will help get life in order then its worth it.
For me it was a godsend, I was at a point where it was CCA or bankruptcy as I couldnt afford rent and credit cards and could not borrow more.

Google allaboutdebt

messidebt

Yeah I took the account out online. Basically ndr are chasing for the money and won't play ball with my offer of repayment, I am in a load of debt, tesco loan 4500, 2k barcllaycard, 2k to wonga, 600 to quickquid, 1200 overdraft on my old bank account, already payin moorcroft debt recovery 30 a month because I owe them 800. So yeah its basically the usual bleak picture credit cards payday loans etc etc but I have taken a grip of it of late . New bank account offering payments to all my debts but since ndr are playin hardball I had read about cca request and possibly avoiding this debt if you will, I kno its not exactly ideal or even right but as you can see I have a lot of debts already, this one is 800 aswell so not exactly small fry