currys have lost my credit agreement

[amanda1975]

Hi.....Currys have lost my credit agreement for a LCD tv that i got in December 2006. They have wrote to me asking for me to sign a new agreement as i have not got my copy. Does anyone know if i have to sign a new agreement or can i refuse. Everyone i speak to seems to be of the opinion that i have signed one and its not my fault if they are so careless and have lost it, not to mention that the agreement had my bank details, work details and other personal information and my signiture. Thanks for any advise you can give.....

[ladybird17]

when you say "I have not got my copy" do you mean because you haven't received it from Curry's, or that you can't find it?

[Karnevil]

No you can refuse.

There may be a problem with the original, and if they dont have it it is uneforceable.

Have currys said they dont have the original ?

I would be tempted to do a formal CCA request for the original copy - if they have it then you will know why they want to to sign a new one - if they dont well its their problem isnt it.

[amanda1975]

I have lost my copy of the credit agreement or put it in that safe place that you never seem to remember until you don't need it.

[amanda1975]

hi karnevil

curys have said they have lost my original signed agreement, they first asked for a copy of mine, then when i said i couldn't find it they asked me to sign another.

They have now sent me a new agreement and asked me to sign that.....i've been told there is meant to be 3 copies of the agreement and at this stage nobody has one....

thanks for any advise you can give

[big blue one]

basically, you dont have to sign it, and they cant make you.

this is a big issue at currys at the mo!!

[diskmandave]

Do what karnevil said! If there's no CCA there's no enforceable debt!

Why do you think they are so desperate to get you to sign another?!

In the meantime you could report them to the OFT and question their suitabillity to hold a Consumer Credit Licence, and let Curry's know that this is what you're doing! I feel sure that the next letter off them after that will have a completely different tone to it!

Make it clear that you aren't signing another agreement.

Good luck, Dave.

[ozzie009]

Just thought id let you know that we recived a county court claim today from Currys
I dont know what to do

[carolineiam]

Originally Posted by amanda1975

Hi.....Currys have lost my credit agreement for a LCD tv that i got in December 2006. They have wrote to me asking for me to sign a new agreement as i have not got my copy. Does anyone know if i have to sign a new agreement or can i refuse. Everyone i speak to seems to be of the opinion that i have signed one and its not my fault if they are so careless and have lost it, not to mention that the agreement had my bank details, work details and other personal information and my signiture. Thanks for any advise you can give.....

celebrate ! this may mean you owe them NOTHING according to law !!!!

[patdavies]

Originally Posted by ozzie009

Just thought id let you know that we recived a county court claim today from Currys
I dont know what to do

Starting your own thread and giving us a bit more detail might be a good plan

[clavileno]

Originally Posted by carolineiam

celebrate ! this may mean you owe them NOTHING according to law !!!!

I'm sorry, but I'm not sure you're right there.

I don't work for Curry's but I would imagine that the situation is as follows:

1. You visit Currys and agree to buy a TV.

2. When asked how you would like to pay for it, you say "credit, please".

3. The nice Currys man/woman says "we can sort this out for you" and helps you to fill in an application for personal credit with HFC bank (or whoever are trading as Currys Credit or whatever).

4. When the HFC computer says "yes" you sign an agreement and are given the TV.

In reality what has happened is that you have been accepted for credit by HFC who agree to pay for the goods and then give them to you on a hire-purchase (or similar) basis.

If you original form never makes it to HFC, HFC will not pay Currys for the goods. Therefore Currys are out of pocket and will want to chase you.

Currys will not be trying to enforce a credit agreement with you (they can't; they didn't enter into one with you). What they are saying is that you failed to keep your side of the bargain (which was making sure they got paid).

Whilst it is a bit awkward, it sounds like they're technically in the right here. The only way they get paid is with a bit of paper with your original signature on it.

Personally I see no alternative - you either have to go through the credit stuff again (sign new paper) or pay Currys in full for the goods you have. You might then have a separate claim against HFC, but probably not.

As ever, you need to know what your rights are, not what you think they are. In this case the finance is no different to getting a personal loan from your bank to pay for the TV.

If on the other hand "Currys Credit" or whatever are trying to enforce a Consumer Credit Agreement then that's a different matter, but it sounds like this is as I described - so, sorry, I believe you must either sign the new form or pay in full.