📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Unsigned letters - CC won't action

2

Comments

  • Culex
    Culex Posts: 776 Forumite
    chuckley wrote: »
    i read that u don't have to physically sign and that a typed name is acceptable?! ive done a CCA request and immediately got a response of 'sorry we don't have it' and they sent me back the PO. Gutted... as it was crossed. £1 down the drain.
    How is it a waste of money to have a document that proves the debt may not be enforceable?
  • Gordon_Hose
    Gordon_Hose Posts: 6,259 Forumite
    Debt-free and Proud!
    chuckley wrote: »
    i read that u don't have to physically sign and that a typed name is acceptable?! ive done a CCA request and immediately got a response of 'sorry we don't have it' and they sent me back the PO. Gutted... as it was crossed. £1 down the drain.

    lol, the debt is unenforceable, and they admitted it...that's got to be worth a pound of your hard earned cash, surely?
  • ILW
    ILW Posts: 18,333 Forumite
    They have not admitted that the debt is unenforceable, just that they do not have the original agreement.
  • Gordon_Hose
    Gordon_Hose Posts: 6,259 Forumite
    Debt-free and Proud!
    Which makes in unenforceable.
  • ILW
    ILW Posts: 18,333 Forumite
    No it doesn't in most cases. A reconstituted agreement is acceptable to a court.
  • Gordon_Hose
    Gordon_Hose Posts: 6,259 Forumite
    Debt-free and Proud!
    Even if they don't have the customers signature?

    If they don't have a CCA, then it's unlikely they have a signature.
  • dzug1
    dzug1 Posts: 13,535 Forumite
    10,000 Posts Combo Breaker
    Even if they don't have the customers signature?

    If they don't have a CCA, then it's unlikely they have a signature.


    Yes - even if they don't have the customer's signature
  • ILW
    ILW Posts: 18,333 Forumite
    Even if they don't have the customers signature?

    If they don't have a CCA, then it's unlikely they have a signature.

    Signature is not required, the fact that the money was taken and some payments have been made is enough to prove a contract exists in most cases.


    This is why nearly all of the "debt write off" claim companies have gone out of business.
  • Gordon_Hose
    Gordon_Hose Posts: 6,259 Forumite
    Debt-free and Proud!
    Ah right, so anyone can rock up with a reconstituted CCA, claim you owe money (even if you don't) and get it enforced in court.

    Nice one.
  • ILW
    ILW Posts: 18,333 Forumite
    edited 27 April 2011 at 11:10AM
    Ah right, so anyone can rock up with a reconstituted CCA, claim you owe money (even if you don't) and get it enforced in court.

    Nice one.

    They would have to demostrate that you had taken the money.

    If it is out and out fraud (identity theft etc.) then that is a different matter.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.3K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.7K Spending & Discounts
  • 244.2K Work, Benefits & Business
  • 599.4K Mortgages, Homes & Bills
  • 177.1K Life & Family
  • 257.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.