Credit Card company could not supply a copy of signed agreement

[SJP37]

Hi everyone, have been recommended this site by a friend and is my first post so any advice would be greatly appreciated.

 

The title of this post pretty much says it all.

 

I sent my Credit Card Company one of the 'standard' letters requesting a copy of my signed agreement and all they've sent me is 2 copies of the Terms and Conditions which have not been signed by me.

 

Also in their letter they state that according to the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 they can omit to provide any signature box, signature or date of signature.

 

Can anyone tell me what to do now and where I stand legally.

 

I'm sure there are threads on here on this very subject but my eyes went square trying to locate something.

 

Await your kind comments.

[cerberusalert]

I'd be tempted to send them Scots letter below & see what their response is;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

[SJP37]

cerberusalert, many thanks for your quick and thorough response.

 

I see that I have to stop payments which gets me worried a bit. I know the agreement is in dispute but what would happen after I send this letter and they can't supply a copy of the signed agreement? They're not just going to let this matter go are they? Ultimately am I going to end up in court, of which money to defend myself being in short supply?

 

Many thanks

[cerberusalert]

The option to stop payments is entirely yours, but if you continue to pay you are hardly disputing it.

 

Even if they did take you to court, you could bring them to 'Strict Proof' which means they would have to produce the original signed copy of the agreement. It is extremely rare for a credit card company to take someone to court, generally they will send you a default notice, close your account and sell it to a DCA & then claim tax relief. A lot of companies make an error when they serve a DN which in effect negates any claim they have for the full amount owed they can only claim for the arrears up to the default. That can be dealt with if & when it happens.

 

After the DCA has bought the debt they will start chasing you for payment. They can be dealt with easily enough & in most cases in the absence of a CCA they will drop their activities like a hot potato & pass it back to the original creditor.

 

So as you see, any court case although unlikely would be a long way off anyway and completely defendable.

[cerberusalert]

Also have a read of http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html and;

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish-3.html#post2119750

[SJP37]

Many thanks, will send them the letter and stop payments. I take it there are 'standard' letters on here to deal with DCA's.

[cerberusalert]

I take it there are 'standard' letters on here to deal with DCA's.

There are plenty & some unpublishable on a family forum.

[SJP37]

Hi All,

 

Halifax have engaged a company called Power2Contact Ltd to try and rebuild my relationship with Halifax as I have 'lost' contact with them.

 

But the thing is I haven't lost contact as I have written to them many times. I think its because I ignore all their telephone calls!!:grin:

 

Anyway, my question is, has anyone heard or been in contact with this company?

 

Also in their letter they say that if I do not get in contact with Halifax within 3 working days then they will instruct one of their Contact Managers to visit me at home.

 

Would appreciate some guidance.

 

For the record, Halifax have failed to to supply fully signed CCA's for the 2 accounts I have with them following my SAR a few month ago.

 

Regards,

[sillygirl1]

Power 2 Contact should be reported to the OFT, as should Halifax, as you have proof you have written to them they should not have set their own tracing agents onto you.

 

Report both companies also to Trading Standards.

[SJP37]

Power 2 Contact should be reported to the OFT, as should Halifax, as you have proof you have written to them they should not have set their own tracing agents onto you.

 

Report both companies also to Trading Standards.

 

Thanks for the advice sillygirl1, I assume the OFT website has a complaints procedure on it? And do I tell both of them that I am reporting them to the OFT?

[kurvaface]

This company, Power2contact and Credit solutions ltd all part of credit Solutions Holding Ltd run by Mr William Hugh Pierce has been referred to the OFT for investigation.

 

Report them on

 

08454 040506 for trading standards.

[SJP37]

This company, Power2contact and Credit solutions ltd all part of credit Solutions Holding Ltd run by Mr William Hugh Pierce has been referred to the OFT for investigation.

 

Report them on

 

08454 040506 for trading standards.

 

Thanks Kurvaface, will get on to it but should I tell them that I'm reporting them as I don't want a visit from one of their 'Contact' Managers?

[SJP37]

This company, Power2contact and Credit solutions ltd all part of credit Solutions Holding Ltd run by Mr William Hugh Pierce has been referred to the OFT for investigation.

 

Report them on

 

08454 040506 for trading standards.

 

Have just reported them to the OFT, first time I've done this and found it very straightforward, they were very helpful indeed. Was told that if anyone does turn up from Power2Contact then I can report them to the police for trespass!! Hope this is of use to anybody else on the forum.

[kurvaface]

Well done