Chances of getting a Signed Credit Agreement?

uncle_pablo

Hi,

Has anyone EVER managed to get their original SCA when requesting it from a Debt Collection Agency???????

Thanks

Pablo

lemma1968

They do send them, but only after referring it back to their client for it. There is another forum that is like this one and I know many members go between the two. It has many people on it who are going through this process (me included) and they give pretty good advice.

https://www.consumeractiongroup.com

You have to have some patience when requesting your CCA but they do struggle to come up with them and many people have had some cracking successes.

uncle_pablo

Im being chased for a old debt from 1997/8 by Thames Credit. I dont want to pay this debt as I was not asked if I wanted to have a barclaycard when I opened a student account - the advisor just ticked the box saying that i had reqeuested one.

If they keep chasing me - then I'll ask for the original signed agreement - which I hope they cant provide.

Emmzi

A creidt card isn't *quite* the same as a lona - I assume you spent money on the card, and made *some* repayments to it? In which case - I think you'll have to pay it back... I'm not 100% but I think your using the card is an implied acceptance of terms and conditions - otherwise you could have just not used it.

RAS

Uncle

If you have not been asked to pay this until recently, it may be statute barred.

Basically, if the DCA has not been in touch and you have not acknowledged the debt for 6 years, they can chase you but they cant force you to pay.

mm2000

Is this right you can't request a CCA on a credit card debt?

lemma1968

You can indeed request a CCA for a credit card debt - it is covered under ss77-79 of the Consumer Credit Act like any other. The only type of arrangement you may struggle with under the Act is an overdraft but even then there are ways round I understand.

Request away. Rememebre they have 12 + 2 working days (to cover posting) to get it to you or they are in breach. Another 30 days and they commit a summary criminal offence and you report them to TS, OFT etc and the Information Commissioner if they keep processing your data after that. Furthermore, until they do supply it any debt is unenforceable....even in Court. There is case law on it. Wilson v Secretary of State....and its a House of Lords decision so is precedent setting and binding.:T

mm2000

What happens if they send the requested CCA after the 14 day period but before the next 30 days is up. Would I still be liable for the debt?

lemma1968

Yes you would. Even after the 30 day period if they come up with the CCA then it becomes enforceable again. Even if they do not come up with it at all the debt still exists and will show up on your credit file, but it puts you in the driving seat for making an offer if you want to. Any defaults will drop of the end after 6 years.

Most debt collection agencies buy the debts for less than 10% of its face value, any offer over that may be acceptable.:rotfl:

uncle_pablo

Great Advice Lemma1968.

Hopefully the CCA wont materialise.

Thanks
Pablo