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unenforcable debt - Unsigned blank copies of Credit Agreements


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hi there

I need some advice on a copy of a unsigned true copy of credit agreement sent to me by NEXT PLC.

I orginally wrote to all my debts asking for the credit agreements - i wrote this originally on 20/01/09.

I then decided to do it properly as i hadnt heard off them and have written to all my debts again with the £1 fee and the proper letter asking for the credit agreements. This later letter was sent on 20th feb 09.

so far:

 

NEXT have sent twice now - a blank credit agreement not dated signed etc - looks like a print off a PC. They have also stated on their letter that came with it that they do not need to provide a signed copy under sec 3(2) cancellation notices etc - and a aparagraph that i quote "in light of this and in the abscence of any evidence to suggest that you did not order and/or receive the goods delivered, NExt will continnue to seel payment of £869.64 owed by you. It is noted that you neither denied ordering or receiving NEXT goods."

 

MBNA - this is a credit card - they have aksed me to send in £10 and do a DSR.

 

Egg - Nothing - done online about 4 years ago.

 

Black horse finance - they sent an agreement signed etc - seems ok to me.

 

HSBC - loan - nothing yet

 

Homebase - credit card - nothing yet.

 

So my question is what do i do now with NEXT - what letter should i send them next? I want to see my agreement damn them!

The reason for doing this is so i can get the account frozen so i can pay it when i can afford it as and when as at present ive lost my job and lost a tenant in a house i rent out and im very poor - my mum is buying my weekly shopping becos i cant afford it - i am married and have 3 kids! Luckily hubby still has a job! but he pays pays the mortgages and everything else! My income paid all these damned loans!

 

Please help ye of great knowledge - i ideally need a letter to send!

 

Thanks all

 

Me xxx

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NEXT have sent twice now - a blank credit agreement not dated signed etc - looks like a print off a PC. They have also stated on their letter that came with it that they do not need to provide a signed copy under sec 3(2) cancellation notices etc - and a aparagraph that i quote "in light of this and in the abscence of any evidence to suggest that you did not order and/or receive the goods delivered, NExt will continnue to seel payment of £869.64 owed by you. It is noted that you neither denied ordering or receiving NEXT goods."

 

This is typical of next, send them the 'in dispute' letter;

 

 

Account In Dispute

 

Ref:

 

 

 

Dear Sir/Madam

 

 

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully, **Print name do not sign**

 

MBNA - this is a credit card - they have aksed me to send in £10 and do a DSR.

 

This also covered by your CCA request, so send the above letter. Also to Egg, HSBC & Homebase send the same ommitting the first paragraph.

Anthrax alert at debt collectors caused by box of doughnuts

 

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With these accounts in dispute you can legally withold payments until they do provide you with a validd enforceable CCA. They cannot add further interest, charges, pass it to a third party or take legal action.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Thats excellent thank you - i will send this letter off!

the only query i have relating to this is where they state they dont have to legally provide a signed copy just a true copy.

Under the sec 3(2) cancellations and copies of documents - it states that no signature or signature box be required? Whats that all about?

I understand that NEXT would have to supply a court with the original agreement as signed by me to be able to claim the money - so why are they telling me they do not legally need supply it to me?

 

xx

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Next are notorious for not being capable of providing true copies of agreements, so they hide behind that clause of the act in the hope that people will fold. Don't worry, when they realise that you are willing to stand up to them they will soon back down.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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Guest Gordons Barking

They do not have to produce a document with your signature on but it has to be a 'true' copy of the original minus the signature. Do some more reading on the site. If they take it to court they have to produce the original agreement plus signature different rules apply to accounts opened online or those opened in the last couple of years.

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  • 4 weeks later...

hi

Ok so far to date ive had agreements back from most companies except these:-

 

Virgin - applied for online -havent sent anything not even a response - yet have refered our file to a debt collector only after being 2 weeks late on a payment - this debt collector keeps ringing!

NEXT -still claiming they dont need to give me a document

HSBC - are chasing me for missing one payment last month but still have not responded to my request. They keep ringing askign for money.

 

 

How do i proceed with these 3 - they have had there maximum time limit - they have had an account in dispute letter etc - what shall i send them now?

 

how do i stop the debt collectors ringing - also all 3 companies are still adding interest to my credit card totals! (hsbc is the only loan)

Virgin have ignored my letter to stop interest being added - in fact its mainly interest money that i owe them!

 

Ive asked virgin and next to stop the interest and if i can set up apayment plan - next have responded witht a plan but not stopped interest. Virgin have ignored me.

 

GRRRR Virgin are so annoying!

 

Please advise!

 

thanks x

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Have a read of these Model.... - The Consumer Forums - Debt collectors

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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