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  • FIRST POST
    • ABates
    • By ABates 13th Jun 19, 8:50 AM
    • 4Posts
    • 0Thanks
    ABates
    Debt collector cannot produced a signed contract
    • #1
    • 13th Jun 19, 8:50 AM
    Debt collector cannot produced a signed contract 13th Jun 19 at 8:50 AM
    Hello,

    I have a credit card debt to the value of 3k est and a certain scottish debt collection agency has been chasing me for 4 years for this debt (daily calls...).

    They had gone quiet until I updated my electoral role data this month and now they're coming at full force once again.

    I've asked them to produce all statements and a signed contract with the lender. They produced a letter and supposed contract from the lender however there is no signature of mine on the document. The box is empty.

    I have not acknowledged this debt. Do I have an argument to have the debt written off?

    Many thanks,
Page 1
    • Willing2Learn
    • By Willing2Learn 13th Jun 19, 9:09 AM
    • 4,383 Posts
    • 3,925 Thanks
    Willing2Learn
    • #2
    • 13th Jun 19, 9:09 AM
    • #2
    • 13th Jun 19, 9:09 AM
    It doesn’t have to have your signature on it. For example, 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.
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    • ABates
    • By ABates 13th Jun 19, 9:26 AM
    • 4 Posts
    • 0 Thanks
    ABates
    • #3
    • 13th Jun 19, 9:26 AM
    • #3
    • 13th Jun 19, 9:26 AM
    Hello, should there not also be a digital signature then?

    There is a 'Customer signature: ' blank
    and a tick box ticked

    and a date of customer signature.
    • RecentPost
    • By RecentPost 13th Jun 19, 9:48 AM
    • 52 Posts
    • 30 Thanks
    RecentPost
    • #4
    • 13th Jun 19, 9:48 AM
    • #4
    • 13th Jun 19, 9:48 AM
    Perfectly legal unfortunately

    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/545098/beis-16-15-electronic-signatures-guidance.pdf

    "Simple electronic signatures these include scanned signatures and tickbox plus
    declarations."
    • sourcrates
    • By sourcrates 13th Jun 19, 11:00 AM
    • 18,438 Posts
    • 17,329 Thanks
    sourcrates
    • #5
    • 13th Jun 19, 11:00 AM
    • #5
    • 13th Jun 19, 11:00 AM
    There is no requirement within the consumer credit act for a copy agreement to bear a signature.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".

    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views expressed are mine and not the official line of MoneySavingExpert.com.

    Helping you deal with problem debt.

    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
    • luvsmoothies
    • By luvsmoothies 13th Jun 19, 4:33 PM
    • 577 Posts
    • 383 Thanks
    luvsmoothies
    • #6
    • 13th Jun 19, 4:33 PM
    • #6
    • 13th Jun 19, 4:33 PM
    How close is this to being statute barred ?
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