Basic Account Holder
Cagger since : Apr 2006
Posts : 15 (0.00 post per day)
Re: Help with CitiCards
I got the idea when I was reading through other posts on the forum. I pinched it from a post that lueeze started regarding her other half not knowing what a debt was about. alanfromderby posted the advice, I think he picked it up from the debthelpuk forum.
Do you think it is a bad idea? What I was thinking was if they provide a copy of the credit agreement then I could send the DPA request. If they don't then challenge the legality in enforcing the debt.
What do you think? Ive 'cut and paste' the letter I used (its below).
I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) consumer credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.
2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.
3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.
Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.
As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.
If they fail to provide the copy agreement within 12 days then court action can only take place with permission of a judge. After 30 days the creditor commits a criminal offence and can be reported to the OFT and Trading Standards.