Can they enforce thet agreement?

jjduk

Hi everyone, getting stuck in and grabbing the proverbial debt bull by the horns!!! Currently working on claiming charges, financial statement and SOA, soon to be posted.

Does anyone know this or did I hear / read wrong. I have requested from all my creditors the terms and conditions of my agreements.
</O:p
Question? If they can not produce a signed agreement can they actually enforce it?
</O:p
I am sure I heard this from a CAD or other debt advice service but does anyone hear have experience of this?<O:p</O:p
<O:p
Regards<O:p</O:p
<O:p</O:p

jjduk<O:p</O:p

Orford

A consumer credit agreement request is a request for a true copy of the original agreement under a regulated debt.

The significance of this is that for revelevant agreements, without providing the request on demand the agreement will become unenforceable. Similarly, without providing a signed agreement in many cases Creditors will not be able to enforce the agreement.


You can request a credit agreement from all regulated debts, apart from those exempted by the OFT which include:

• Overdraft agreements
• Loans for burying dead people and
• Loans from some Building societies / Mortgages

Further, after 2004 the requirements for documents to have signatures were relaxed so that electronic agreements could have an electronic signature.


On payment of £1 (preferably using a postal order) the creditor must send you a true copy of the credit agreement. The creditor is allowed to remove certain information, including the signature. "true copy" allows the format to be slightly different compared to the document you signed BUT the terms must be identical to what you signed.

If they can't provide you with the document you signed within 12 working days, they can't enforce the agreement until they provide you with a copy.

If the default continues for a further calendar month, a crime has been commited.

If you send your CCA using normal post, it will be deemed served 2 days after you send it. You must keep proof of postage



An unsigned CCA, if made prior to when s15 of the Consumer Credit Act came into force, can not be enforced (except in the case of electronic agreements) . However, there is no obligation on the creditor to provide a signed copy of the credit agreement until court action commences.

Sometimes, it turns out the creditor does have such a signed copy even if they don't provide it prior to legal action. This is a risk, and there is little you can do about it.

Crying_over_spilt_milk

Orford wrote: »

A consumer credit agreement request is a request for a true copy of the original agreement under a regulated debt.

The significance of this is that for revelevant agreements, without providing the request on demand the agreement will become unenforceable. Similarly, without providing a signed agreement in many cases Creditors will not be able to enforce the agreement.


You can request a credit agreement from all regulated debts, apart from those exempted by the OFT which include:

• Overdraft agreements
• Loans for burying dead people and
• Loans from some Building societies / Mortgages

Further, after 2004 the requirements for documents to have signatures were relaxed so that electronic agreements could have an electronic signature.


On payment of £1 (preferably using a postal order) the creditor must send you a true copy of the credit agreement. The creditor is allowed to remove certain information, including the signature. "true copy" allows the format to be slightly different compared to the document you signed BUT the terms must be identical to what you signed.

If they can't provide you with the document you signed within 12 working days, they can't enforce the agreement until they provide you with a copy.

If the default continues for a further calendar month, a crime has been commited.

If you send your CCA using normal post, it will be deemed served 2 days after you send it. You must keep proof of postage



An unsigned CCA, if made prior to when s15 of the Consumer Credit Act came into force, can not be enforced (except in the case of electronic agreements) . However, there is no obligation on the creditor to provide a signed copy of the credit agreement until court action commences.

Sometimes, it turns out the creditor does have such a signed copy even if they don't provide it prior to legal action. This is a risk, and there is little you can do about it.

THis is very helpful, thank you, but I wonder if you can answer in more detail please? I am being threatened by solicitors for more money per month than I can afford (credit card repayments). They say they are not obliged toprovide me with this and that as I am not denying that Iowe the £ they can take me to court on the basis of the UNSIGNED form that they have sent... I cannot tell whether those are the terms & condits I agreed to or not from that form.
You say "relevant agreements" - how do I find out if mine is/are? I applied in person c.Jan-Feb 2005 (ie not electronically)and what's the s15?

Thank you!

stapeley

Stick to your guns . DCA often use in house solicitors . I would not believe any thing they say ! If the time limit has past , get in touch with the FOS . Their website have a compliant form . good luck

Crying_over_spilt_milk

Thanks Stapeley but unfortunately these arenot in-house sols and this morning I receved the dreaded court form :eek:

They are quoting an entirely bit of law to deny me a copy of the CCA so I've got to find out abt that first...

They say they're not required "under the CCA legislation or regulations made pursuant to it which requires a creditor to later[...] provide an exact copy of the agreement signed by a customer - this is the effect of the Consumer Credit (Cancellation Notices & Copies of Docs Regs 1983".

Iam totally confused and of course have to wait till Monday now to get any help...:mad:

stapeley

They are trying to bambozol you .Its scare tactics . When papers arrive , you must put in a defence ! This will able you to have case moved locally . Please go to CAG website , have a look on there , theres some great legal people on there . Do not let them frighten you .

stapeley

In many cases when a defence of non supply of CC AGREEMENT is entered the claimant will withdraw from the case . You have nothing to lose !

Crying_over_spilt_milk

stapeley wrote: »

In many cases when a defence of non supply of CC AGREEMENT is entered the claimant will withdraw from the case . You have nothing to lose !

This has been my experience with DCAs who cannot produce one. You know, it's madness; when this whole mess started to get out of hand I always assumed I'd pay the whole lot off, but needed time to do it. Now, some of these companies have treated me so despicably (including my local CAB!!!) that I want to fight them in the same dirty, underhand way that they use to go for me.

Thanks for the CAG. I have had a good look on there and found it quite helpful. I'll just have to wait for replies now!