advice needed please re credit card debt

cliffsgirl

i have a credit card debt which has been passed to a collection agency. i wrote to them asking for my credit agreement, i received a letter from them today saying they cannot supply me with this at the moment, but would i phone them to discuss the reasons for wanting the agreement. my question is what should i do next, can the debt be enforced without a signed agreement, or does this just apply to catalouges.

StevenP_2

cliffsgirl wrote:

i received a letter from them today saying they cannot supply me with this at the moment, but would i phone them to discuss the reasons for wanting the agreement.

youve just gotta love these collection `agencies` :rotfl:


stick to writing to them, using recored delivery every time you can , they have to show proof the debt is yours , dont shut it out , stay in written contact with them , inisisting on the credit card signed agreement , dont phone them , also , some kind soul on here will point you the way to a template letter you need to send to them regarding the creit agreement



Steve

Harassed_2

You have to write to the creditor, not the DCA (unless the original creditor has sold the debt). Use this form letter, send by Recorded Delivery and enclose a £1 postal order.

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.