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Question about DPA and unsigned credit card agreements...


j-dub
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Right, this is a bit of an off-the-wall one that I've been thinking about since January. I could be a million miles off here, or it could be something that people have already tried... I had a brief search of the forums, but couldn't find much on this one... if it's already been discussed, lob in a link and let me know, and I'll apologise and read on with interest... 8-)

 

I'm interested in other peoples thoughts on this and if they think I'm barking up the wrong tree, or simply just barking mad!8)

 

I had several credit cards which I NEVER (and I know I never!) signed an agreement for... these should have been unenforceable, but the courts took the decision to let the credit card companies off the hook if they could not "find" the signed versions, as long as they could provide identical copies of the terms and conditions that would have been signed at the time the cards were taken out... Sucks, I know, as this isn't what the law says, but who can guess why judges do what they do? :mad2:

 

Anyway, I digress... This did however put a thought into my mind that I wonder if anyone else has ever tried to use as an argument...

 

For a credit reference agency to have details of a debt, the person liable for the debt MUST have agreed, in writing, for the information of that debt to be passed over to them under the DPA... Normally, this is stuck into a clause in the credit agreement that is signed when the card is taken out... However, if the bank has NEVER had a signed agreement, or can't prove they ever had one, then how can the credit reference agencies have gained permission to share this data?

 

In my mind at least, this means that the credit card companies have illegally passed on data and breached the DPA, and that the information about any cards where a signed agreement cannot be produced MUST be removed by the credit reference agencies...

 

Now, obviously, this won't make the debt go away or get it written off, but in cases where the agreement has been found to be "redeemably unenforceable" leading to a Mexican stand-off between the credit card company (who then can't demand payment until they can produce the missing paperwork) and yourself (who can't get the loan written off, but also has their credit score being killed by this 'bad' debt), this could clear the debt off the reference agencies lists, meaning that, unless the credit card company ever 'finds' the missing paperwork, you can carry on as if the debt doesn't exist anymore with a clean credit score...

 

So, Am I barking up the wrong tree here? Have I missed something about the DPA, credit reference companies and permissions to share data, or could I be onto an interesting argument to take up with my credit card companies, the credit reference agencies and my solicitor?:???:

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