Unsigned Agreement Advice

SDUNCAN

I have had a Next Directory account for around 5+ years, I've used them on and off but lately have fallen on hard times, I have written to all my creditors with the help of CAB to offer reduced payments, all have agreed except Marisota and Next (the two lowest creditors I have by a long shot!)

I have just spoken to Next on the phone to set up a payment plan slightly higher than the offer but not nearly as high as they wanted. The caller informed me that I dont have a signed credit agreement so she would send one out for me to sign.

Question is do I sign it or ignore it?

UPDATE - Just checked my credit report I opened my account on 30/08/05. I know there have been changes in the Consumer Credit Act regarding dates.

Thanks in advance.

villarenter30

OMG how bizarre - i have just posted the exact same thread looking for advice too - wierd !!! mine was opened 20 years ago - my question is how did they take the ppi off me with no signed agreement !! seems they are trying to cover all angles now and using this same tack with everyone who contacts them

fatbelly

SDUNCAN wrote: »

I have just spoken to Next on the phone to set up a payment plan slightly higher than the offer but not nearly as high as they wanted. The caller informed me that I dont have a signed credit agreement so she would send one out for me to sign.

Question is do I sign it or ignore it?

UPDATE - Just checked my credit report I opened my account on 30/08/05.

Well you don't sign it, obviously!

However, you should try to get a covering letter from them explaining that they are asking you to sign one because there currently isn't one.

If you can get that confirmed then you can remind them that the agreement, as it is pre-2007, is unenforceable. If they won't put that in writing you might want to do a S77-79 CCA request

If you want, you can tell them that, with regret, as you have debts of a higher priority, you will not be making any payment to them.

If you do want to make payment then it is on a voluntary basis and you won't take any nonsense about court action.

Either way, your argument (phrased as a defence to a court claim) is as follows:

Even though the claim relates to goods sold and delivered to me, because they were sold on credit, the agreement is regulated under s8 of the Consumer Credit Act 1974 (CCA 1974) and does not fall within any of the exemptions in s16 CCA1974 or under the Consumer Credit (Exempt Agreements) Order 1989.

Under s61(1)(a) CCA1974 a regulated agreement is not properly executed unless a document in the prescribed form itself containing all the prescribed terms and conforming to the regulations under s60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner.

Under s65(1) CCA1974 an improperly executed regulated agreement is enforceable against the debtor on an order of the court only.

Under s127(3) CCA1974 the court shall not make an enforcement order under s65(1) if s61(1)(a)(signing of agreements) was not complied with, unless a document (whether or not in the prescribed form and complying with the regulations under s60(1) itself containing all the prescribed terms of the agreement) was signed by the debtor or hirer (whether or not in the prescribed manner).

I have no written agreement or document of any kind. The claimant has failed to comply with the requirements of s61 CCA1974. The regulated agreement is improperly executed under s127(3) CCA1974 and cannot be enforced by the court.

SDUNCAN

Thanks so much will whizz off a letter to them on Monday.