As long as you have not stated in writing that you owe the debt; or made a payment then they cannot

adamp87

I think for a pre2007 agreement to enforce in court they might need the signed copy/copy of the signed agreement.

The usual happenings are the more a debts sold and the longer years have gone by the less likely any paperwork is there.

However it’s not always the case and it has been found before. It’s not an absolute get out of jail clause so to speak & it can come back on you.

sourcrates

adamp87 said:

I think for a pre2007 agreement to enforce in court they might need the signed copy/copy of the signed agreement.

The usual happenings are the more a debts sold and the longer years have gone by the less likely any paperwork is there.

However it’s not always the case and it has been found before. It’s not an absolute get out of jail clause so to speak & it can come back on you.

A signiture has never been a requirement on a copy credit agreement supplied under sec 77/79 CCA.

A recon copy is fine from any time period.

The only difference between pre April 2007 credit agreements, and those taken after that date is Sec127(3) Consumer Credit Act 1974, which has now been repealed, that stated -

"127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner)".

Basically any responce to a CCA request submitted for an agreement that pre-dates April 6th 2007, must contain the prescribed terms applicable to that account (must stress credit cards only) if they are not there, then the account is unenforcable and the court cannot change that fact.