Had an old store card with MKONE, this at some point turned into a credit card.

Don't remember signing any agreement.

Been doing self debt management with for 4 months with 6 creditors.

Creation are the only creditor not to freeze interest so I sent them a CCA.

They have replied saying they need a signature. I ignored this.

So what should I do now the 12 days is up ?

I've seen various posts, some saying that if they don't comply then its game over, others say that CCA default doesn't change anything.

are all your debts on your cra file?

dx

How do I find out ? Sign up with experian ?

yep or noodle

thats free

dx

Thanks, none of them accept my card onlline. So I'll do it by post. From what other creditor told me when I was negotiating pro-rata amounts, the amount missing on my CRA was roughly what I owe these lot.

If that is the case what are my options ? I don't don't care about credit rating etc as I won't be using credit again.

when was your last payment in/out

i'd suspect SB here

dx

I been paying pro-rata debt management payments up to now even though they been adding interest. I haven't used the credit card for 6 months. I got about 4.5k on the card. First default notice was December '11.

I had a reply now saying they require a signed letter from me in order to proceed with the request. Should I send a signed letter or send a default notice template.

there is no requirement for a sig on CCA requests..

Select committee on Trade and Industry minutes of evidence (1996 Legislative working party)

2. The working party looked at the legal issues regarding the terms document, writing, signature, instrument, and records of transactions and originality. The Government's current proposed legislation focuses particularly upon the issue of signature. The working party considered the leading case in English law on signature methods, Goodman -v- J Eban Limited.

That decision established that:

2.1 mechanical signatures using rubber stamps, printing or typewriting were valid in english law;

2.2 a signature can be by a mark rather than a name as long as evidence can be given to indentify the placer of the mark and the intention to sign; and

2.3 words other than a name can amount to a signature if the necessary intention to sign can be proven

Now although this working party was looking into the Electronics Commerce Bill it points to . .

Goodman v J Eban Ltd (1954)

A solicitor signed a solicitors bill with a rubber stamp which contained the name of the law firm. In the judgment it was determined that the rubber stamp was a valid signature, even theough the Solicitors Act of 1932 required a solicitors bill to be signed; it was established that it is enough to demonstrate that the rubber stamp was affixed by the solicitor with the intention to sign the solicitor's bill.

So now taking the highlights above I go to:

Interpretations act 1978

Schedule 1

1973 c.37.

"Writing" includes typing, lithograpgy, photography or other modes of representing or reproducing words in a visible form and expressions refering to writing can be construed accordingly

Also;

[/i][/b]

Data Protection Act Good Practice Notes:

2. Do you have enough information to be sure of the requester’s identity?

Often you will have no reason to doubt a person’s identity. For example, if a person with whom you have regular contact sends a letter from their known address it may be safe to assume that they are who they say they are.

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/checklist_for_handling_requests_for_personal_information.pdf

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=8861&d=1242456802

dx

I'm now writing back saying that no signature is required for a cca and that it is unenforcable

and that I am ceasing pro-rata payments until they produce an agreement. I'm using one of the templates.

Do you think this is reasonable action ?

I mean I was willing to pay but they refused to freeze interest

- so my payments were pointless since I'll never pay anything off.

And I never signed any agreement relating to their charges/interest.

Is there any point paying like £1 token payments or anything ?

I'm a bit confused by the conflicting posts on Unenforcability.

you cannot decide that really.

TBH there is little point in a CCA rquest in this case

you know its your debt....

can you tell us the full history please

when did you start this DMP and is it your own or a Company?

dx

There is a letter in the Library (green in top banner under Banks...) you can use if a creditor refuses to reduce interest; you can use that as a starting point, edited to suit and make refence to the fact that guidelines sate it is unfair not to freeze interest if a debtor advises they are in difficulties...

I already sent these letters, they have reduced the interest to a level worked out by their computer (lol). Which happens to be slightly more than my pro-rata payments.

I'm doing my own DMP and so far so good - all creditors have frozen interest except creation - although I really can't see the point in it all as I'll be paying it for the rest of my working life.

The history is I took out a store card with MKOne about 10 years ago. They got acquired by creation and turned it into a credit card. I stupidly used the card and the interest was high, I must have paid triple for everything I bought on it.

But I never signed any agreement so thats why I wanted the T+Cs thus the CCA.

However, on reading this forum, I see that alot of people have got debts written off due to UE. So are you saying this isn't the case anymore ?

as it goes back that for etc etc

with the names you now mention

a cca wont do any harm.

see how it goes.

dx

Yes,

Halifax do this too;

this is in line with the guidelines so there isn't really anything more you can do except raise a Formal Complaint,

and when that isn't upheld complain to the FOS and OFT.

Its not that it will change anything, but why not harrass them and and make their life as difficult as possible IMHO.

If 'UE' means unenforceability debts are not written off, it just means they can't enforce through the courts.

Unfortunately the time to complain about it being turned into a credit card was when it was and the fact that you used it knowlingly as such would,

they claim, be evidence of your acceptance of the T&Cs.

This doesn't mean I agree with it but to fight them in court you would have to be extremely well clued up and organised, clear in your thinking and very well prepared.

If you are prepared to put this effort in should the case ever escalate to court (very unlikely but never say never)

then as they can't produce a credit agreement you might put the account in dispute and withhold payment until such time as the dispute is resolved

- which will probably take longer than than 6 years.

I got my credit record and they are on there with all the payments etc.

They still haven't replied to my CCA despite reminders after 2 months.

I found some paperwork where it turned from store card to credit card but there was no proper contract.

this was in Jan 2006.

They still won't freeze interest despite my threats.

Any advice or should I move to another forum ?

you have ofcourse seen the news this week?

http://www.consumeractiongroup.co.uk/forum/content.php?867-Has-your-store-card-been-automatically-upgraded-Hot-News-for-you!!!

dx

I just sent them a letter to say their account is unenforcable and wait and see what they do. I'll stop paying them as well as its only paying interest - whats the point of debt management if you never actually get out of debt !

They sent a reply saying that they need a signature due to data protection act 1998 as amended from the original act 1984. They say they have assembled all the documentation for me and will release it upon signature.

They are the only creditor not to default me on my credit report - and continue to add interest.

Any ideas what they are trying to achieve ?

n osig required for CCA

but SAR yes

which was it?

dx

Cca