Credit Agreement

paulandberyl

Hello

I have been told by a debt collection company that they cannot supply a copy of the original signed credit agreement and that they do not have to keep it beyond six years. Is this correct?
Thanks

Sugarhunny1

From what i have heard on here.... if they cannot supply a signed agreement then it cant be enforced. Someone will be along shortly with a bit more experience/knowledge than me.

Sugar xxx

Crown

Hi,

There are a few issues here.

Have you made any payments or acknowledged the debt within the last 6 years? If not the debt could be statute barred and this would mean that yo may not have to pay the debt. (Ie the 6 year rule).

Also have you requested the CCA in writing and have they replied to you in writing that they havent got a copu of the CCA. Again if they havent got it and you havent acknowledged this then they would not be able to reclaim the debt.

I guess a few more details are needed. if you havent requested it in writing then send a chewuq for £1.oo with the following letter. obviously change the dates and amounts ect.

Good luck and let us know how you get on

Crown

If a DCA are chasing you send them this:

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

4. I would also like to point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by 6th February 2006, I will have no hesitation in passing your details to the Office of Fair Trading.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Regarding your threat that a Doorstep Collector will call the owner of this property is denying you or anybody working on your behalf access onto their estate or grounds in relation to this disputed debt, should you or any agent acting for you attempt to gain access to the estate or its grounds, then you will be ignoring your denial of access and the owner of "insert your address", will take legal steps to sue both you and or your agents for trespass, please also note that having a letterbox on the property gives you or anyone working on your behalf neither implied nor expressed rights to enter the properties boundaries, again any instances of trespass WILL lead the property owner to sue both yourselves or any agents working on your behalf

smashedbooboo

If they are persuing you for a debt then they should have the CCA, if not then they should not be chasing you. No CCA NO enforcable debt. BUT, if one should turn up in the future then the debt could be reinforced.. Send off the letter above. Wait welve days. If nothing comes back then report them to the OFT and the FOS

smashedbooboo

I think. I will double check if they are the relevant authorities.