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unenforceable Credit and DCA's

Last post Mon, Nov 02 2009, 3:19 PM by basa48. 6 replies.
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  •  Mon, Nov 02 2009, 3:19 PM

    Re: unenforceable Credit and DCA's

    toomuchdebt:

    Hi there,

    I have still to respond to the above creditor reference no signature!

    all my others have been dealt with!

    Not sure what any of this means?

    I take it you haven't yet responded to the creditor who asks for further ID. I would remind them they are only responding to an address to which they presumably were happy to submit statements and other literature pertaining to this account.

    In any event write back using a signature unlike your normal or sign over a row of xx's or oo's (I use the date).

    In what way have the others been 'dealt with' (if it is not too personal a question)?

    PS: I work 12 hrs so I understand the difficulty. Fortunately I can often get online from my workplace and they haven't blocked it yet!!!

    • Post Points: 5
  •  Mon, Nov 02 2009, 2:01 PM

    Re: unenforceable Credit and DCA's

    Hi there,

    I have still to respond to the above creditor reference no signature!

    all my others have been dealt with!

    • Post Points: 20
  •  Fri, Sep 18 2009, 9:25 PM

    Re: unenforceable Credit and DCA's

    Thanks Basa, I will look around the site for more advice, it's hard cause I work 15 hours! Don't get much time
    • Post Points: 20
  •  Fri, Sep 18 2009, 9:35 AM

    Re: unenforceable Credit and DCA's

    OK bit confused here - this sounds a bit suspect! DO NOT send anything with your normal signature on.

    You can write back, but DO NOT USE your normal signature, or sign over a date or row of 'x's etc. The idea is that they cannot get your true signature copied and pasted onto another document. If as they say they do not hold your signature on record how can they know what you send isn't your proper signature?

    In order for a credit agreement to be valid it must have your true signature on a compliant document. That is not to say that they must send a copy of this signed and compliant document in response to a s.78(1) request - they can send an unsigned copy of a document identical to the one you would have signed at the time.

    Normally if a creditor has a signed agreement they will send it in order to avoid lengthy and expensive correspondence. If they don't have one they tend to wriggle with obtuse, confusing and often threatening letters.

    It sounds as if they don't have a signed and executed agreement, but I would recommend you do a Subject Access Request to the Data Controller of each of the CCCs. There are plenty template letters around the net. This should bring back a signed agreement if it exists (but again is not guaranteed - these CCCs are slippery suckers).

    You need to do some more background reading around this forum. Check out anything posted by Stubie and conmankiller (and others). Also get a copy of the Consumer Credit Act and its associated Consumer Credit (Agreements) Regulations.

    • Post Points: 20
  •  Fri, Sep 18 2009, 5:33 AM

    Re: unenforceable Credit and DCA's

    Hi all,

    Got a letter back from a creditor today stating " we return your letter, as attached, which we are unable to action.

    Please can you provide us with another form of identification, unfortunately we do not hold your signature on record.

    Please can you sign your correspondence on return."

    what now??? does this mean they dont have a signed agreement act?

    Also got two unsigned credit agreements sent through from another creditor, well one has the space for a signature the other doesnt, also they both have different addressess.

    I was just looking for advice as to what to do with these two at the moment.

    thankyou

    • Post Points: 20
  •  Thu, Sep 03 2009, 10:49 PM

    Re: unenforceable Credit and DCA's

    Send to the original creditor
    • Post Points: 20
  •  Thu, Sep 03 2009, 8:30 PM

    unenforceable Credit and DCA's

    Hi im new to the board.

    ive got a question about unenforceable credit Reference Debt Collection Agencies,

    1.If i draft a letter asking for the original Credit Agreement, do i address it to the the DCA or the Original Creditor?

    2.what steps do i take if the DCA dont have a copy of the credit agreement?

    i have sent a letter to Moorcroft Reference a RBS credit card, they sent my payment back stating " we have approached our clients with regards to the request who have confirmed that to obtain a copy of this agreement you must put your request in writing to the following address" ...CCA Request Card, Customer Service, PO BOX5747, Southend on Sea, SS1 9AJ. Which is RBS.

    These are probably silly questions but if i was clued up i wouldnt be in the mess i am now!

    Thanks

    • Post Points: 20