Unsigned Credit Agreement Advice Please

Tixy

Magi74 wrote: »

A slight spin off from this. If someone did not take out a credit agreement (i.e. identify theft) how does that pan out?

Obviously if we're talking about a credit card that gets used it's really hard to say that it's down to id theft - unless that person can prove that they didn't make the transactions. But if I receive (say) £500 and the credit agreement was signed electronically by an unknown person (or at least it can be reasonably shown that it wasn't electronically signed by the victim) is that credit agreement enforceable?

if you are a vitcim of identity theft and a firm writes to you sending you a statement or letter regarding an unpaid debt - then you'd contact them to state you've never heard of the account and ask them to investigate the fraud.
You wouldn't be going down the route of asking for a legally enforceable CCA - you'd be looking to demonstrate to them that the debt is nothing to do with you - and be reporting it to the police.

If the creditor ultimately agrees that is was a fraudulent account obtained by someone else then you won't be legally responsible for the debt.

SPELLKASTER

Just had an interesting letter from the Office of Fair Trading in the post 10 minutes ago.

They have noted my complaint against MBNA for not complying under section 78 CCA request alongside other complaints they have received.

If they are going to take action against MBNA under the Consumer Credit Act they will contact me at a later date!!

For anyone who wishes to make a complaint to the OFT against MBNA for failure to supply a CCA under section 78 here is the name of the person dealing with it and their details:-

Kaiser Chaudhary
Enquiries and Reporting Centre
Office of Fair Trading
Fleetbank House
2-6 Salisbury Square
London
EC4Y 8JX

They would be interested to hear from any other people if MBNA have failed under section 78 request for failing to provide a signed executed copy of their agreement.

MBNA Licence Number is 363167.

Hope this helps anyone!!

TakingControl

I am a tad lost? MBNA have complied to your section 78 CCA request? You stated that they have sent this to you?

DCFC79

Whats your latest escapade then spellkaster

fermi

SPELLKASTER wrote: »

They would be interested to hear from any other people if MBNA have failed under section 78 request for failing to provide a signed executed copy of their agreement.

Like hell they are.

The OFT are very clear on the point that they are not required to provide a signed agreement under a s78 request.

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.

I understand you are in a difficult place, but only hearing and interpreting things in the way you wish they were, rather than what they really are, isn't going to do you any favours, and could just get you deeper into trouble.