CCA Query

funkypriest

I have a bit of a strange query

I took out a catalogue account with Empire Stores (now K and Co)

I have defaulted with them and have a balance of around £800 currently being paid by DMP.

Here comes the strange part:

I (stupidly) took this catalogue account when I was 17 (2007-2008), was accepted and bought items and paid off in full etc.

Now I was wondering if there is a way they can legally pursue me for this debt if I wasn't old enough to enter into a credit agreement at the time?
It is now with a DCA so who (if I do) do i need to send a CCA request off to?

Thanks in advance.

sourcrates

No one under 18 can legally sign a credit agreement, unless an adult stands as a guarantor for you.
You could argue that as you were 17, the account would be unenforcable, but they may respond saying the agreement became legal on you reaching 18.

Its a bit of a Gray area, but may be worth a try, if you go down the CCA route, then send to the DCA, they have a responsibility to pass it on to the creditor, you may be better served writing stating you were underage at the time, and you believe the account can't be enforced because of this.

funkypriest

Thanks for the reply Sourcrates, I'll send a CCA off and see what I get back.

fermi

They will most likely just send a copy of current agreement terms, and swear black and blue that this is sufficient. A lie, but they do try it on all the time.

May well be getting a complaint in for the FOS as well.

funkypriest

Just a bit worried that this may come back to me as I submitted the wrong information on the application etc?

sourcrates

funkypriest wrote: »

Just a bit worried that this may come back to me as I submitted the wrong information on the application etc?

Only thing that will happen is they'll probebly write the account off as I suspect they would be in as much trouble as you.

chanz4

Its not illegal to give credit to under 18's, however in the ops case she is highly likely to get a cifas application fraud marker