DCA admit no signed credit agreement

rayday2

Not sure if anyone will remember but I had two DCA chasing a catalogue account so I asked both for the credit agreement. First company wrote straight back with my cheque saying case closed. The DCA I had been regularly paying got a bit shirty when I rang said they didn't need it and had to pay.

Anyway Intrum Justitia wrote today saying they don't have the evidence I require so are reverting it back to the original creditor, the original catalogue company anyone know what can happen now? Obviously I am sitting quiet waiting for the catalogue but can they still chase for payment if they don't supply one?

Thanks for any input!

fermi

Without a signed CCA they can't take you to court and their right to report details of your account to the CRA's and issue defaults can often be disputed.

NDL have a whole factsheet on this aspect of catalogue debts.

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=32_catalogue_debts

Worth reading through while waiting for other comments.

rayday2

Thanks Fermi I had a feeling if you were around you would help out! Thanks again.

fermi

I should correct what I said slightly.:o

Creditors can and often do take people to court without a signed CCA since the court doesn't automatically require one to be produced. That's how lots of people get judgements against them for debts even though there is no CCA.

However, if you demand that the creditor produces the signed CCA for the court and the creditor can't, no judge can then grant an order.

The vast majority of creditors/DCA's know this, and by requesting the CCA you show that you do too.;) Which is why the DCA's pass these debts back double quick.

However you still do get the occasional creditor/DCA who is either ignorant or stupid and tries court, or at least still attempts scare tactics.

I think as much is said in the link I gave earlier.

rayday2

Sorry to drag this up, but since that letter I have now recieved a letter from irwin mitchell solicitors saying they are instructed by Intrum Justita to issue legal proceedings and I have 7 days to pay.

So how would anyone tackle this?

rayday2

BTW cannot phone Irwin Mitchell as no telephone numbers or anything on letter - does that sound bizarre only contact details are for Intrum Justita

Tootsie_Roll

rayday2 - I've been shot down before for mentioning this but it may be better for you to read this now rather than have any nasty surprises later.

I would suggest getting some legal help with this before taking advice from any 'experts' (including myself) on this or similar forums.

I worked for a dca that collected on behalf of Littlewoods and I raised this with the agency manager as most of the time they don't have a signed agreement. He was not remotely worried and advised me that they get that response regularly. He advised me that they have successfully obtained judgement against people before who have tried to use the no CCA defence and the judge will look at the fact that goods have been ordered etc as proof of your intent and tacit agreement to the legal agreement. I have seen this used elsewhere as well for other types of credit.

So please just be careful.

Burlesque_Babe

Hi rayday - I've found Irwin Mitchell - telephone number is 0870 1500 100

website is

http://www.irwinmitchell.com/default.htm

RAS

Tootsie_Roll wrote: »

rayday2 - I've been shot down before for mentioning this but it may be better for you to read this now rather than have any nasty surprises later.

I would suggest getting some legal help with this before taking advice from any 'experts' (including myself) on this or similar forums.

I worked for a dca that collected on behalf of Littlewoods and I raised this with the agency manager as most of the time they don't have a signed agreement. He was not remotely worried and advised me that they get that response regularly. He advised me that they have successfully obtained judgement against people before who have tried to use the no CCA defence and the judge will look at the fact that goods have been ordered etc as proof of your intent and tacit agreement to the legal agreement. I have seen this used elsewhere as well for other types of credit.

So please just be careful.

Rayday

As you notice T Roll has been shot down in flames lots of times for a very good reason.

Loads of people here are not paying debts after the DCA failed to produce a CCA.

Lots of people have also had letters suggesting that court proceeeding will follow if they do not cough up.

I am not aware of anyone who yet successfully been taken to court. Perhaps T Roll would like to cite the case numbers as these are a matter of public record?

nottoolate

RAS wrote: »

I am not aware of anyone who yet successfully been taken to court. Perhaps T Roll would like to cite the case numbers as these are a matter of public record?

that is because there have been none

it's only pathetic trolls like TR who suggest this

rayday2, if you are even slightly in doubt then post on the consumer action group forum. they know their stuff.

fermi

Tootsie_Roll wrote: »

rayday2 - I've been shot down before for mentioning this but it may be better for you to read this now rather than have any nasty surprises later.

I would suggest getting some legal help with this before taking advice from any 'experts' (including myself) on this or similar forums.

I worked for a dca that collected on behalf of Littlewoods and I raised this with the agency manager as most of the time they don't have a signed agreement. He was not remotely worried and advised me that they get that response regularly. He advised me that they have successfully obtained judgement against people before who have tried to use the no CCA defence and the judge will look at the fact that goods have been ordered etc as proof of your intent and tacit agreement to the legal agreement. I have seen this used elsewhere as well for other types of credit.

So please just be careful.

As usual, utter utter drivel.:mad:

( and the click on the thanks button was accidental:rotfl::rotfl::rotfl::rotfl:)