advise please

[ibizasun]

After sending a cca request to my credit card company on the 11/11/10 today i get a letter saying, they cannot at the moment find a true singed copy of the aggrement but sent a reconstituted version which has 4 pages all double sided no dates ,not signed and they state thats all they have to do and they will not enter into any futher correspondence regarding the provisions of copy of agreements. i cannot post the copy up.

 

Any advice on the next step welcomed

[sillygirl1]

No CCA equals no legal route of enforcement, ie they cannot take you to court on this one.

 

It is now up to you - make them a full and final offer of 5-10% of the debt or sit tight and eventually the debt will be come statute barred.

[ibizasun]

Silly Girl, Thank you, is ther another letter i have to send them?

[ibizasun]

They also state that it is fully enforcable and that they have satisfied the there obligations under section 78 is this a bluff?

[ibizasun]

Anyone????

[sillygirl1]

Write back this to them

 

Dear Stupid DCA

 

You have NOT fulfilled your obligations under the pre-court protocols nor under Section 78 of the CCA Act, so the loan is NOT enforceable via the court process. If you do not understand why you have not fulfilled your obligations please seek qualified legal advice. (Leave this sentence out if you think it is a bit strong).

 

To avoid further expense on both parts I am now offering XXX in Full and Final settlement of this debt, (you can enclose a cheque or postal order for the amount YOU think you can afford and write across it on the back and front "FULL AND FINAL SETTLEMENT".)

 

Due to a worsening of my circumstances this is the best route (even if it isn't you need to make it clear to them that you may only be making a token payment of £1) I will not be able to increase any future payments to you for this debt and may have to decrease it to a token £1 payment.

 

Yours sincerely

 

 

Don't forget to alter your signature just in case they try to 'lift' it into a new document.

[nicklea]

They also state that it is fully enforcable and that they have satisfied the there obligations under section 78 is this a bluff?

 

 

Yes they have satisfied their duties under s78. That does not mean however that they have an enforceable agreement.

 

You did not say why you made a request under s78 or what your current situation is. Without this information people cannot give you meaningful advice.

 

The suggested reply by sillygirl above is perhaps appropriate if you currently being taken to court by the creditor.

 

However, if you are currently paying off your debt then the above advice is not really appropriate. The trouble is we cannot tell as you have given no information about your circumstances.