been sent new credit agreement to sign....

magoogy

i sent a £1 cheque to additions for a copy of my credit agreement - they cashed it but, just sent me the following letter;-dear miss ....if a third party is acting for you please refer this letter to them.with ref to your letter, requesting a copy of the credit agreement.under sections 77 and 78 of the consumer credit act 1974 we are required to provide a copy of the executed agreement (if any). on the assumption that you have signed the agreement supplied to you at the time of opening your account. we enclose a copy of our agreement which complies with the requirements of the consumer credit (cancellation notices and copies of documnets) regulations 1983.yours.....

---

they included a credit agreement which hasnt been signed by me but was filled in with my name (only initial for first name) and address by someone - it is definitely not my writing....there is no signature....what do i do now please?thanks

angelavdavis

I believe they need to supply a true signed copy of the agreement. Do you recall signing anything with them?

If in doubt, I suggest you call nationaldebtline - see www.nationaldebtline.co.uk for advise.



Personally, I think you should write back, again not acknowledging the debt but requesting the information again sending it recorded.


Suggested template:

__________________________________

Account No: 4563210025897412

Dear Sir/Madam

With reference to your response to my letter dated x, I confirm that you have supplied a copy of a credit agreement but in fact, this does not prove the debt is actually my responsibility as it does not illustrate my signature and compliance with the terms of this agreement, in addition, I require a full breakdown of the account including any interest or charges applied.

I understand that under the Consumer Credit Act 1974 [sections 77−79], I am entitled to receive a copy of this credit agreement and a statement of account on request.

I enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

Therefore, if you do not have this document in your possession, please return my cheque uncashed and cease further correspondence about this debt.

Note that in responding to your correspondence, I continue not to acknowledge ownership of this debt in any way.

I look forward to hearing from you.

Yours faithfully

moonlightpjs

I'd just write back ,saying the signature isn't your and could they please provide a copy that has your signature on

DEFAULT UNDER THE CONSUMER CREDIT ACT 1974
FAILURE TO PRODUCE AGREEMENT


Dear *************

ACCOUNT NUMBER *********************

Further to my request for a true copy of the executed consumer credit agreement under Section 77-79 of the Consumer Credit Act 1974. I have received a copy of an agreement from you on which the signature section does not illustrate my signature.


I refer you to the wording of Section 78 Duty to give information to debtor under running-account credit agreement

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—
(a) the state of the account,
(b) the amount, if any currently payable under the agreement by the debtor to the
creditor, and
(c) the amounts and due dates of any payments which, if the debtor does not
draw further on the account, will later become payable under the agreement
by the debtor to the creditor.
Your company is still therefore in default of the requirements of Section 78.

As you are no doubt aware subsection (6) states:

If the creditor under an agreement fails to comply with subsection (1)—

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.
As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.

I look forward to receiving a true copy of the executed agreement.
Yours Sincerely,

Edit: Cross posted with angela, sorry

RAS

Nothing if not inspired. Just I do not think it meets the requirements of the CCA, so they are stuffed.

magoogy wrote: »

dear miss

....if a third party is acting for you please refer this letter to them.with ref to your letter, requesting a copy of the credit agreement.under sections 77 and 78 of the consumer credit act 1974 we are required to provide a copy of the executed agreement (if any).

on the assumption that you have signed the agreement supplied to you at the time of opening your account. we enclose a copy of our agreement which complies with the requirements of the consumer credit (cancellation notices and copies of documnets) regulations 1983.yours.....

---

they included a credit agreement which hasnt been signed

On what date did you send your CCA request?

magoogy

thanks for the template letters - i will send one off straight away - thanks guys for your helpi sent the cca on 7th june and they cashed the £1 cheque on 12th of june.....thanks

RAS

weller's letter then. They have had the £1 and the 12+2 days already.

magoogy

thanks ras - i will do so....thanks all

magoogy

just received another letter off them saying they were looking into my complaints - nothing else....what should i do and how long should i give them?thanks

moonlightpjs

Allow them 30 days from the date the 12+2 was up and then report them. Stick to your timescales not theirs.

rog2

Weller is absolutely correct - they have ALREADY sent you a CCA that was not an original signed agreement. In my opinion they are already in breach of the Consumer Credit Act, and, possibly, the OFT guidelines by providing an incorrect document in the hope that you would accept it.
I would be inclined to report them now, but, as Weller said, give them the 30 days from the 12+2, and NO LONGER.