requesting of Copy of agreement

a10consumer

few questions here, bear with me:
1- is it true if a creditor cannot produce an exact copy of your signed credit card or loan agreement that it does not not necessarily make that debt unenforceable? I have read that if a copy of the terms and conditions is produced and not a signed copy by me then this may be sufficient for their obligation now? and therefore sec 78 of CCA may not apply?

2- there are 12+2 working days that this information must be produced by? are either of the weekend days included as a working day? I assume also bank holidays must be taken into account?

3- one of my creditors sent me up to date terms and conditions(T&C) as my original T&C had changed due to the "variation" in my agreement, but not the original ones, I read the original T&C must also be supplied. is this true? And how do I know there was variation in my T&C that permits this to be altered?

4- My 1 loan agreement shows the signature space as just being initialled by 1 letter, but not actually signed by me. is this legal?

opinions4u

Rather than answer each point I'll summarise.

It's your debt.

You won't find a way to make it unenforceable.

a10consumer

I Haven't borrowed nor have I spent on the credit cards in more than 3 years. I have paid on the the interest for years now and cannot find a way to reduce my debt and so cannot save either. I know it's my debt and I am looking for a way to to deal with this. You say I won't find a way to make any unenforceable but I am simply asking questions and besides there are many cases where debts have been written off due to non compliance by creditors in the areas I outlined above.

ILW

Virtually none have been "written off" over the last couple of years. Sorry.

a10consumer

If a creditor cannot produce a copy of the original signed credit agreement, any copy, is the agreeement then unenforceable? If not, where is the evidence that I signed an agreement with them?

dzug1

The agreement is not unenforceable. Not in most circumstances. It was thought at one time that it was - but more recent court cases have allowed other evidence of the agreement.

The evidence that you agreed to the T&C is in the last resort your use of the cards.

nottoolate

you would be better asking here

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?285-The-Consumer-Forums.-Debt-problems-including-homes-mortgages

or on the debt free wanabee board

a10consumer

Thanks for the advice Dzug. I assume Opinions4u works for or represents a bank or financial institution, there is no need for a smug smile is there?, perhaps he feels this is funny. I would guess his role on here is to deter people from challenging financial institutions

ILW

Or possibly he just thinks that if you borrow money, you pay it back. Bit old fashioned but it might just catch on.

a10consumer

I had 2 redundancies in a year, my income has been reduced by half - If I could pay my debts easily I wouldn't be complaining

BoGoF

Even if it was possible to make the debt unenforceable you are aware the debt would stay on your credit file thereby trashing your credit rating ?