Unenforceble Credit

[Miss Strawberry]

Hi, not used this site before, just after some advice please

I recently sent a letter asking for a copy of my consumer credit agreement under section 78 of the Consumer Credit Act 1974 (CCA)

The letter I sent was a template which I found on this forum which states:-

 

"This letter is a formal request pursuant to s.78(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.78(6) will apply.

 

Your attention is drawn to ss.5(2), 3(b) 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR)

 

I enclose a cheque in the sum of £1.00 which is the statutory fee. Note that these funds are no to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity and certainly within the statutory time limit for compliance and return the fee.

 

I have received a response back this morning (from Sainsbury Bank) and they have sent me a copy of "my executed agreement" (not signed by me) and a copy of "my current terms and conditions" (again nothing signed by me)

 

They go onto say that by providing me with the documents they have attached to my letter, they have satisfied their obligation under section 78 and as such the agreement I have with them is enforceable and they will continue to treat it as such. They tell me that they will not be entering into any further correspondence with me regarding the requirementse relating to the provision of the agreements (can they do that?)

 

Their penultimate paragraph reads:-

The Ministy of Justice headline reads "businesses that mislead the public by claiming they can arrange for unpaid loans, credit card debts or other consumer debts to be written off have been told to stop or face action", Justice Minister Bridget Prentice said today, as new guidance was issued by the Ministry of Justice - is this right?

 

Finally, they went onto say that any missed payments will result in collection activities (not that I have missed any payments) and any default may also be reported to credit reference agencies and they end with a statement of my account

 

Can someone give advice please and what do i do next?

 

Many thanks

[dx100uk]

best bet is to scan what you have and att it to this thread.

 

my thoughts lie with you lack of signiture being an issue, unless this was an online application.

do you recall ever signing anything?

 

now, the question must be asked as to why you requested the cca?

 

although this could result in the agreement being unenforceable, it does not mean the debt goes away. the only practical outcome places you in a beeter position to offer a dramatically reduced F&F settlement figure.

 

see my sig

 

dx

[sythe]

Hi............no signature = unenforceable= no further payments by you......

.....that is the begining middle and end of the matter. .........and after 6 years recovery of the debt is statute barred.

hope this helps

kind regards

karenruth

[MARTIN3030]

Can you post a copy ?