There are other threads on this forum with more details about what specific terms need to be on the CCA for it to be enforceable (dependant on the date of the CCA).

If pre April / May 2007 CCAs were not always to the required standard, but the act has been tightened in 2007.

It requires

Name

Address

Credit limit (or stated variable)

Interest rates, amounts and dates of repayments. (need to check this specifically).

It needs to have a space for a signature, but I believe that they can comply with the requirements by supplying a copy of the CCA with this, but perhaps not having your signature.

Have a read of the other threads to find out more.

If you have now received your CCA from the catalogue, depersonalise it and put it online so that others can help you review it.

If the lender believes that they have an eforceable agreement they will not settle for a low % as they could sell the debt for this amount.

If it is uneforceable, in theory they could still sell the debt, the uneforceable just means they can't chase you for payment through the court.

Good luck

Sparky.

If you are looking to clear this balance I would send a letter offering full and final settlement of around 10 - 15% making it clear that there is no enforceable CCA for the account. They might come back and say they will / can not accept it but it's a good starting point.

Hi sparky thank you for your reply I have written to them and they have sent me the CCA's but there is no signature on them off me . NOW WHAT?

Thanks again Didiane

Hi didiane,

Unfortunately as there is a debt I'm not sure that they will consider agreeing to a first and final of anything below 60% if that.

Regarding if the debts are uneforceable, this just means that they cannot go to court and have a CCJ against you or try to take the debt as a secured debt against your house.

Getting to this point will take some time, some work from you to write letters to them asking to see the CCAs. Then responding that they are not enforceable as they do not meet the requirements of the CCA 1974 specifying which sections.

They may try to reassign this debt to collectors and then the fun really begins.

Good luck with it.

Sparky.

Thank you very much wildheart I do understand what you say Im not trying to get out of paying but I have been very ill and it has now left me with a disability so I know I cant afford all payments now. I will try asking them if they will accept a full and final payment of around 10% of the final balance. THANK YOU.

You're correct in saying no signature no contract but that doesn't mean there's no debt. It means that the debt is not enforceable. The difference lies in that there is no doubt that you have had the account if you have a balance, it simply means the original creditor or debt collection company cannot enforce payment based on the CCA.

It means that in theory they cannot load a default on your credit file, but they often will do this regardless of the fact the correct paperwork isn't in place. Trying to get it removed is a whole different problem in itself but in essence it means you can use the lack of enforceable CCA to arrange to clear the account by offering a massivly reduced full and final settlement. As it stands you don't have to pay then anything, so if you offer 10% of the total balance they should, in theory, accept but they may not.

I'm not sure if I've explained it well enough but I hope it makes sense.

no signature no contract - no contract no debt.

Sorry wildheart I have not signed the credit agreements. I asked for them to be sent to me and a couple of them are asking me to sign them now ( NO Im NOT GOING TO SIGN THEM ) I was just wondering where I stood with them.are they enforceable. I have had to start a DMP with CCCS and thought I might as well see if I can reduce any of my debt.

Thank for replying

It depends what you mean by how you stand. Has it been signed by you, but not the catalogue or neither? If it doesn't have both signatures it means the CCA is not enforceable, obviously this doesn't mean that the account doesn't exist, it just means if the account was sold to a third party they cannot pursue you for the amount owed.

Hope this helps

could anyone tell me how I stand with my credit agreements from my catalogues that are not signed