Copy of signed credit agreement

rog2

siren13577 wrote: »

Hi Rog,

Thanks so much for your quick reply, and the link is great, thanks so much, I've been searching like mad for any guidance on this . Hope you have a lovely Christmas

You're welcome, siren - please feel free to ask if you need any advice on what you should do, now.

Have a Good Christmas yourself. :xmassign:

oscar52

Just out of curiosity, has anyone actually been successful in challenging MBNA with this - who seem to think an application form and a copy of T & C's is enough (or at least some people there do)

xx.paws.xx

After doing a bit of research and the interesting advice posted on this site I have written to three creditors asking for a signed copy of the credit agreement and full statement of account together with £1, the debts are with Barclaycard, Littlewoods Direct and MBNA.

I understand that if they cannot provide this information then they cannot uphold the debt but my query is how would this effect my credit report? The different forums I have read it seems like they can still give me a bad credit rating but surely if there is no agreement in place then any deffaults etc should be removed and my credit report should show that the account no longer exists or has been settled as there is agreement or liability for the debt. It seems that this is not always the case and some people are finding that it impacts future credit (e.g. mortgage) applications or credit searches, is this correct and if it is any ideas on how long it impact your credit file for? Also if I wanted to argue this point do I have a leg to stand on?

I'd be really greatful for any further advice.

Thanks,


Joanne

Karencran

I've seen this companies name on this website quite a few times and I've used the template letter to send them a request for details on a debt that is apparently mine. I have requested a cope of the credit agreement, statement of account and the deed of assignment. I have been sent a statement of the account and was informed that they are not required to send me the deed of assignment (don't know if this is because we are in Scotland as sometimes Scottish law is different) but they have not provided a copy of the credit agreement. They have now issued me with a letter of Legal Notification to reclaim this debt. As I cannot recall what this is for I am unwilling to pay this debt which is only £283.12 until they can provide this information. If they can explain what this credit was for and the fact that I signed a credit agreement why should I. Can anyone advise where I go from here? They did provide a statement of account which runs from 2000 through to 2003 showing monthly payments but it does not detail from what account. I was told by them that I should check my old bank statements. Their staff were rude and cheeky and I was told that they 'do not do this for the fun of it' and when I requested a call from a manager she wasn't much better. I explained that I work in a call centre and that if one of our agents spoke to a customer like that they would be no longer employed by my company. I was told by the manager that I was not a customer but that I was a debtor and I explained that this had yet to be proved by them as I had no recollection of this debt. Trust me if they provide details telling me what I had bought in 2000 was by myself I will pay this debt but not until they provide the detiasl I have asked for.

Where do I go from here? HELP



HELP

hamsco

I am in a similar position. I have discovered defaults against my name from a previous address set up in 2004. I believe these to be fraudulent and that the only way I can have the defaults removed and get a mortage is to prove they are not mine.

I requested the original credit agreements from Aktiv Kapital who didnt reply within the 12 days.

I contacted them to ask why they had not contacted me, at which point they emailed me to say they had requested the documents from HFC where they had been set up originally. Two months later I am still waiting, I checked with Aktiv Kapital again today and they said they are still waiting for the documents from HFC.

What can I do? I think they are breaking the law? I need these documents so I can prove this was identity fraud. Should I contact HFC directly? I have looked at the OFT website but reading between the lines they prefer you to deal directly with the company.

Any advice? I am really frustrated I am having to clear up this fraud when at the end of the day it was HFC who hae commited the crime.

The_Polymath

RAS wrote: »

They have 12+2 days to reply. After that, they can only pursue you for the debt if they go to court to get permission, for which they will need the CCA. If you sent the letter registered post, or they have replied to you quoting receipt of your letter, then you can soon tell them to go away, but you would be advised to have something in writing ackowledging that they do not have the CCA. After another 30 days (12+2+30), you can tell them to bog off and they cannot enforce the debt.

Did you also know under the 1998 Data Protection Act. No lender can pass on information about a borrower to a credit referencing agency without being in possession of a signed agreement by both parties. As long as the agreement was taken out before April 6 2007. This means any such things appearing on someones credit report that falls within these parameters are there illegally? Also as for the letter the person sent to the debt collection agency. This is called a third party collection agency and they have to have the original agreement, as not having it is a complete defence and is therefore deemed unenforceable. This does not mean the debt is written off .It means the company cannot pursue you in any way until they provide it.

The_Polymath

Karencran wrote: »

I've seen this companies name on this website quite a few times and I've used the template letter to send them a request for details on a debt that is apparently mine. I have requested a cope of the credit agreement, statement of account and the deed of assignment. I have been sent a statement of the account and was informed that they are not required to send me the deed of assignment (don't know if this is because we are in Scotland as sometimes Scottish law is different) but they have not provided a copy of the credit agreement. They have now issued me with a letter of Legal Notification to reclaim this debt. As I cannot recall what this is for I am unwilling to pay this debt which is only £283.12 until they can provide this information. If they can explain what this credit was for and the fact that I signed a credit agreement why should I. Can anyone advise where I go from here? They did provide a statement of account which runs from 2000 through to 2003 showing monthly payments but it does not detail from what account. I was told by them that I should check my old bank statements. Their staff were rude and cheeky and I was told that they 'do not do this for the fun of it' and when I requested a call from a manager she wasn't much better. I explained that I work in a call centre and that if one of our agents spoke to a customer like that they would be no longer employed by my company. I was told by the manager that I was not a customer but that I was a debtor and I explained that this had yet to be proved by them as I had no recollection of this debt. Trust me if they provide details telling me what I had bought in 2000 was by myself I will pay this debt but not until they provide the detiasl I have asked for.

Where do I go from here? HELP



HELP

As long as you paid your pound they are bound by law to provide you with what you asked for within 12 days after this the debt is deemed as being unenforceable until such time as they do,

jones_owain

Hello everyone, very interesting reading all this! I was just wondering - is it still feasible for this course of action to work if the case has already turned into a CCJ?