Dirty DC Tricks

midmay

Hello please advise on this...
Credit Card debt was put on an interest free plan by the bank who later made some kind of an arrangement with a finance company who subsequently sold the debt to a DCA. I received notification of this from the original creditor back in September 2022. Since that time I have not paid anything to this DCA.

I have not paid because from my understanding the document sent following my CCA request does not contain all the necessary elements required to make it enforceable. Missing elements include: No APR rate, no credit limit, no signature. The credit card was taken out more than 20 years ago and the content is over 97% about bank terms and conditions with a few lines thrown in stating it is a CCA agreement. (Plus CCA stamped across it)

The DCA sent a letter along with two blank pages containing only APR rates and more bank conditions which could be totally unrelated to the credit card and as mentioned were not present in the original CCA. They claim I did not ask for a true copy of the CCA but instead asked only for a copy of the original agreement, what the difference is supposed to be I do not know.

They are of the opinion they have provided everything I asked for and therefore believe it's time for me to start paying. They also state I had acknowledged the debt by paying £6 into my account, I have not paid anything to the DCA nor have I created any such account. 

Going on the advice received in their letter I made a further CCA request probing to see if they could produce. As they are the new creditor I asked them for it and was told to "get it yourself". so went to the finance company the bank had passed my account to. They assured they would provide it, that was 3 weeks ago still nothing.

Am I within my rights to continue refusing to pay them?

Brie

The company that's requesting you pay money should be able to prove that you owe it to them.  A subject access request (SAR) may be needed but first step is to send a letter asking them to prove you owe the money.  There's no reason for you to go back to any previous organisations including the bank as those are not asking you to pay them.  

DjangoUnchained

sounds like its unenforceable, unless they can supply a cca..

sourcrates

There is no requirement for a signature on a copy credit agreement, lack of one does not affect it`s enforceability.

If you are just relying on no credit limit and no APR rate as a defence, I would say that`s pretty shaky ground.

From Debt Camel -

You have to be sent a “true copy” of the agreement – this doesn’t have to be a photocopy of the original agreement.  It must be legible and it must include:

• your name and address when the account was opened;
• the creditor’s name and address when the account was opened;
• the terms and conditions of the account at that time, including the cost of credit (the Annual Percentage Rate), when you have to make payments and your cancellation rights; and
• any other documents that were mentioned in the Terms and Conditions.

It doesn’t have to have your signature on it. Indeed if you opened the account online you may well have signed it “digitally” and there is no document with your physical signature – this is perfectly legal.

Are the terms and conditions relevant to the account, or are they generic ?

fatbelly

The way forward is for the new creditor to start a claim, and you to ask the court to stay it on the grounds of cca s77-79.

The courts would then make a decision on enforceability.

If the creditor doesn't do this then the debt will eventually go statute barred

midmay

Sourcrates: In answer to your question, yes the T & C's are relevant to the account and each of the elements you mentioned are present except for the Credit Limit and the APR. Two important elements which to the best of my knowledge are an absolute requirement on any form of loan agreement are they not?

As mentioned the APR rate is not present on the 'true copy' I received, the second sending included the same document plus a page (sorry I had wrote two pages previously) with the heading "Special Conditions of Use - Moneyback. 

This was the first I have heard of 'Moneyback', the first time I have even seen these any of those documents and the page sent as an after thought to include the APR does not include the name of the bank. The card I had was named the Everyday Credit Card, not Moneyback so rates and Terms are to say the least generic, possibly not even relevant. 

 Please advise: