No signed agreement with CCA or SAR - but defaulted!

[SB100]

Guys / Girls, I could do with a bit of advice here.

 

You've maybe seen my other threads re Cap1, but I still haven't seen anything that even vaguely resembles an agreement, not even an application form. Nothing whatsoever with my signature on it.

 

I have been specific with my SAR request and stated clearly that I wanted it. I've then asked them why they haven't included it, and asked them to confirm that I've received absolutely everything they have.

 

Interestingly, this brings up the grey area as to why they've only provided six years statements / info etc and potentiall causes problems with money laundering regs etc- but I'll discuss that another time.

 

Anyway, no response other than another 'final response' from ellie which says nothing, as usual.

 

They defaulted the account (doesn't look like they got that right either) a while back but I'm fairly sure they can't do this without anything bearing my signature.

 

What I don't know is how I best deal with this... any ideas?

[car2403]

This applies here also;

 

They seem to be playing games with you, IMHO.

 

They have complied with your request for documentation with what they have supplied.

 

The next step is to send them a letter simply saying;

 

"Please confirm that you have, in your possession, a credit agreement that is in all ways fully compliant with the Consumer Credit At 1974, as amended, and the subsequent regulations made there under.

 

For the avoidance of doubt, if you are in possession of such a document, but are unable to supply me with a true copy of it, please outline your reasons why you feel you are unable to supply it to me in your reply.

 

Yours faithfully"

 

If they have it, they have to say they have it. If they don't have it, but say they do, or they don't have it, we'll deal with that when they reply - at which point you'd be well advised to start a new thread of your own. There's some guidance in my signature if you're unsure how.

[SB100]

I'll write to them accordingly. Thanks

[car2403]

I'm just thinking though - have you sent a CCA request to them as well? Looks like you've done the SAR, but don't mention CCA?

[SB100]

I initially did a CCA request and received the same as everyone else- current t&c's and the printed letter with the credit limit.

 

I then sent the SAR and received the same, as part of it, despite asking specifically for the agreement.

 

They've been doing their usualy posturing - 'we clearly have an enforceable agreement' etc...

 

Surprisingly though I haven't received any bits of spurious paperwork as some other people have.

 

Thanks again.

[SB100]

I sent the letter suggested by car2403 on the 24th... strangely, no reply....

[SB100]

Car, still nothing from them. Is there any point doing anything, or should I just sit tight?

 

Interestingly I got a call from Debitarse this evening- they didn't leave a message though.

[car2403]

You're going to need to decide what to do, here, I think.

 

If you stick to your deadlines, it's time to apply to the Court for action to force disclosure, but that could result in a counterclaim for the debt if there is an enforceable agreement. Could result in a CCJ, etc, etc.

 

If you aren't prepared to go down that line, I can't see the point in continuing to correspond with them - which seems to be the situation they find themselves in too?

 

As for waiting, how much time is reasonable to respond to that letter is up to you. I have noticed there is no deadline for replying, though, so a follow up giving a deadline might get you a reply from them.