need help - simply be

magoogy

after sending letters asking for my signed cca off simply be i have received the following letter;-

we thank you for your recent letter, the contents of which we note.

in relation to your request for a copy of the executed agreement under section 77/78 of the cca 1974, under regulation 3 (2)(b) of the consumer credit (cancellation notices and copies of documents) regulations 1983 there is no requirement to provide a photocopy of the agreement bearing your signature, it is sufficient that we supply you with a 'true copy' of your agreement setting out the terms and conditions to which you have agreed. a 'true copy' need not bear the debtor's signature or, in our case, the date of the agreement. we are therefore enclosing a 'true copy' of the credit agreement sent out to you when you opened the account in may 2000.

in the absence of any denial that a balance exists in fact, as a result of orders being placed and received, we consider your assertion that you have no legal liability for payment to be based solely on the fact that the relevant credit agreement has not been signed.

in this case, we would like to make it absolutely clear to you that should you take the decision not to make any further payments to the account, the fact of your non-payment will be registered with a licenced credit reference agency. This record will remain for a period of 6years and which might in turn make it difficult for you to obtain credit in the future.

the outstanding balance on the account is £445.52 with the arrears being £24 and the payment rate is £10.00 as from 8th september and every 28 days after that.

we would ask at this stage that you confirm your intentions with regards payment of the acocunt.

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this sounds so true - is it right? do i have any rights? wouldnt quibble about paying but they have added so many late payment fees, interest,etc that it comes to more than i have spent.....

thanks in advance for all help

Leixlip1

I think Wilson v Secretary of State set sae law on this and contradicts what your creditor is saying i.e. they have to produce a true, signed copy etc under the terms of the Consumer Credit Act.

Leixlip1

Apologies - I cannot spell today - I meant ..."set case law".

immoral_angeluk

They're talking out of their ar*es. They know full well they have to provide a copy of a true SIGNED credit agreement. Looks like they haven't got it and they're trying to scare you into paying up.

rog2

magoogy wrote: »

in relation to your request for a copy of the executed agreement under section 77/78 of the cca 1974, under regulation 3 (2)(b) of the consumer credit (cancellation notices and copies of documents) regulations 1983 there is no requirement to provide a photocopy of the agreement bearing your signature, it is sufficient that we supply you with a 'true copy' of your agreement setting out the terms and conditions to which you have agreed. a 'true copy' need not bear the debtor's signature or, in our case, the date of the agreement. we are therefore enclosing a 'true copy' of the credit agreement sent out to you when you opened the account in may 2000.

This is INCREDIBLE - Total bullsh1t! :shocked: :shocked:

If that were the case ANYBODY could get hold of a blank credit agreement and simply use it to accuse people of debt they have never had.

What is the name of this 'shower of chancers'

magoogy

thanks for your help - i feel a bit better now....can you help with what letter i should send to reply to this....

its simply be catalogue rog2.....

thanks so much

Crying_over_spilt_milk

don't know if anyone will reply this far on but I've got the same kind of problem but they are actually taking me to ct (bl***y form arrived this morning...) on the basis that I haven't denied the debt but am unable to pay some (unstated) but too high an amount and that they only have to supply a CCA that I MIGHT have signed...

Crying_over_spilt_milk

bump bump bump

rog2

Crying_over_spilt_milk wrote: »

don't know if anyone will reply this far on but I've got the same kind of problem but they are actually taking me to ct (bl***y form arrived this morning...) on the basis that I haven't denied the debt but am unable to pay some (unstated) but too high an amount and that they only have to supply a CCA that I MIGHT have signed...

Let them take you to court. You need only put, in your defence, that you disputed the debt, with the original creditor (or dca - it makes no difference) and, in order to clarify whether the 'alleged debt' was in fact genuine, you requested, as is your right under the Consumer Credit Act, 1974, a true signed copy of the original signed consumer credit agreement. They have NOT supplied this information within the legally specified time frame (specify dates of your original request) and the only 'document' that they have provided is a 'copy' of the type of agreement that was in use at the time. This document is unsigned, and you have no recollection of ever having seen, or signed, such an agreement. Niether has the creditor/dca provided you with a detailed statement of any alleged debt, despite your request. Not only do you dispute any such debt, but without the correct documentation, the 'alleged' agreement is now 'irrideemably unenforceable'. Furthermore, and you should tell the court this, by not having provided you with the correct, requested, true signed copy of the original cca, they have now committed a criminal offence.

RAS

Add to that, that you should ask for the case to be referred to your local court. There is little chance that they will turn up.