Credit Card Agreement Not Received Help

SPELLKASTER

I sent MBNA and Barclaycard a written request for them to send me a true signed copy of my credit agreement.

I wrote to these companies on the 24th October, and to date no response from them has been received.

I understand that there is a 12 day rule that if they do not reply to a request for your credit agreement then the account is in dispute.

What is the next step for me to take if no credit agreement is received by the 12th day of request?

Am new to this so thank you for any advice.

happy_bunny_2

Did you send it signed for? How old are the cards.

BoGoF

SPELLKASTER wrote: »

I sent MBNA and Barclaycard a written request for them to send me a true signed copy of my credit agreement.

I wrote to these companies on the 24th October, and to date no response from them has been received.

I understand that there is a 12 day rule that if they do not reply to a request for your credit agreement then the account is in dispute.

What is the next step for me to take if no credit agreement is received by the 12th day of request?

Am new to this so thank you for any advice.

Why do you need it? If you think the debt will be unenforceable if they don't then you need to stop wasting your time

dunstonh

I sent MBNA and Barclaycard a written request for them to send me a true signed copy of my credit agreement.

Why? There is no legal reason for them to send you one.

I understand that there is a 12 day rule that if they do not reply to a request for your credit agreement then the account is in dispute.

Is that what you are hoping for?

What is the next step for me to take if no credit agreement is received by the 12th day of request?

Ask them again in case they didnt get your request. However, whilst you wait you may wish to check up on the latest unenforceable debt guidelines as virtually all the internet myths were killed off in test cases nearly 2 years ago.

SPELLKASTER

I have checked with this forum and I can send template letters to Barclaycard and MNBA that if the agreements arent received within 12 days then the account goes into default. By law, they have to legally send you an agreement under section 78 of the consumer credit act. If they dont comply after 12 days, then the account goes into default. So far MBNA and Barclaycard have failed. A nasty letter regarding a section 10 default notice will be sent to then next Wednesday if no agreement is received!! Only following what the template letter on this website is advising!! I was also told this by Consumer Direct of the 12 day rule.

molerat

Just don't try to borrow anything or rent a property for the next 6 years though :eek:

Edmund0Dantes

Section 78 does say they have to provide you with a copy of your agreement yes.

BUT A couple of things stand out, Firstly it doesnt have to be signed. Electronic signitures are perfectly valid. And them not sending you a copy of the agreement does not mean that agreement is not valid (or you dont owe them money). Use of the card also infers acceptance of the terms and conditions.

Also section 10 of the consumer credit act seems to deal with credit limits?

_Andy_

Is not paying back money you borrowed unfashionable now?

dunstonh

I have checked with this forum and I can send template letters to Barclaycard and MNBA that if the agreements arent received within 12 days then the account goes into default.

No it doesnt. It means it could do. However, it would be for a court to decide and courts take a dim view of people trying to get out of shirking their debts by using loopholes. By that time, the lender would have no doubt provided a reconstituted copy and you end up with your credit record damaged and quite possibly costs awarded against you.

Even if you are in the very tiny minority that succeed in cases like this (some do but they are rare - so rare that they tend to make the media when they do) you dont get away with it. The debt may be made unenforceable but it can stay on your credit file as a debt in default/arrears. No lender will touch you again.

Only following what the template letter on this website is advising!!

This website does not have anything on it to help scumbags get out of paying their legal debts.

MentalMinnie

_Andy_ wrote: »

Is not paying back money you borrowed unfashionable now?

Apparently so.