In response to the various points.
I never received the letter. - Following your call to Santander advising that you were having problems with payment, the task of sending you a letter was probably placed in a workflow of hundreds ( if not thousands) of other work needing to be completed. In the meantime, the outstanding account would be appearing on outstanding accounts reports, hence the letter from Viking Collections.
Viking Collections Services Limited - This is just a 'trading style' of Santander I would expect. They are probably just the Santander accounts team, sending letters out in another name. A lot of financial services companies adopt this approach.
Pursuant to my rights under Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) - This is US legislation and not UK. The UK act is the Consumer Credit Act 1974. There are Debt collection guidelines issued by the OFT, who have legal powers to monitor and apply sanctions against companies acting unfairly with consumers.I did ask for debt validation from Viking Collection Services LTD. I got a reply from Santander Cards instead.
- Same company, different branding used on letters.
What I would like to know is: Is the copy of the agreement legally enforceable? I only have a tiny photocopied piece of paper with what looks like the front of the Original Credit Agreement, signed by myself. I have not been provided with any T&C’S. - If they wanted to take you to court they would have to provide the original signed agreement, together with all the other documents including the original terms and conditions of your agreement.
I have no Idea who Viking Collection Services are. Which is why I sent out a debt validation letter to see if they legally own the debt and I legally have to pay them I can do so. If yes/no what should I take for my next step?
Your next step is to challenge what they have sent you. As you have stated in your following post, for the agreement to be enforceable, it has to contain certain information.
Does the agreement not have to include:
A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments which may be expressed by reference to a combination of any of the following:-
(a) Number of repayments
(b) Amount of repayments
(c) Frequency and timing of repayments
(d) Dates of repayments
(e) The manner in which any of the above may be determined or in any other way and any power of the creditor to vary what is payable.
There is no reference to any of those terms on the agreement.
It is a statutory requirement that CCA-regulated agreements should be in writing and signed by the borrower and that they contain the following information:
The amount of credit (or credit limit)
The credit charges
The rate of interest and whether it will vary throughout the course of the agreement
A notice of cancellation (if it is a cancellable agreement)
Details of the repayment schedule
If the agreement is not in accordance with the above requirements then it is unenforceable.
Am I correct in thinking in absence of those terms will render the agreement unenforceable in court under s60 Consumer Credit Act 1974? Yes, so draft a letter to them in response, pointing out that what they have sent you, does not constitute an enforceable agreement, as it does not contain - list the missing information.
In the letter you could say something along the lines of. Whilst I am not in possession of details of an enforceable agreement I am not in a position to acknowledge owing any debt to you. If you wish to continue to communicate with me regarding the account, I require full information to be provided. Send letter to Santander by recorded delivery.
Hope this helps.