CCA supplied, no signature or date, is it enforceable? What should i do now?

[blumaiden123]

Hi I would really appreciate any advice. I know there are a lot of posts that allready relate to this but there is so many I don't know which to choose, I am sooo confused.

 

I have quite a large debt with Very catalogue. I recently wrote to them requesting a copy of my CCA. They have replied with a letter which reads as follows:

 

"In accordance with the Consumer Credit Act 1974, please find enclosed the following documents:

 

1. A re-constitued copy of your credit agreement sent to you at the time of opening your account; and

2. A copy of your current credit agreement, which includes all applicable contractual variations and amendments that have taken place since your account was open."

 

Blah blah blah blah!!! Not sure what other info is relevant.

 

Account was opened on 5th December 2006.

 

Neither of the documents they have sent have a signature or date on.

 

Could someone please advise me as to:

 

1. Is the debt enforceable?

2. What is my next steps?

 

Thanks in advance for any info that may help.

[dx100uk]

the bottom line is did/do you have an a/c with them?

 

the days of being able to wriggle out of debts by paperwork 'errors' are long gone.

 

dx

[blumaiden123]

Thanks for the reply, yes I do have the account with them, I have offered them a payment of £100 per month which they are saying they won't accept. The debt is £3000. I do know that I have never signed anything in relation to it though. I do want to pay what I owe just want them to stop the interest and charges, any advice???

[dx100uk]

you can reclaim all the charges + the interest each has too.

 

as for the debt

 

pay them what you comfortably can each month

it is not a priority bebt, bottom of the pile - even £1PCM wil do.

 

its YOUR money - take control not let them dictate.

 

dx

[blumaiden123]

ok thank you. I have recently spoken to National debt line who have said they can set up a DMP for me, do you think this would be the best option?? I have the debt with very a loan and an overdraft all totalling £10,100.

[DebtGuru]

Legally, they shouldn't be able to enforce the debt - without a court order at least (see Patel v HFO). But as dx says, creditors are now wiser that the courts are ruling in their favour - so much for the Consumer Credit Act protecting the Consumer!

 

What I am trying to say is, if you can reasonably afford to pay the catalogue off at an amount affordable to you, then I would go down that route - unless you want to end up in Court. I have successfully "written off" unenforceable debts and it is stressful and hard work.

 

Speak to your local CAB about getting onto a DAS. Interest and Charges are frozen and your Creditors are prevented from taking court action against you so long as you stick to the agreement of what you can reasonably afford.

 

Only use the "Unenforceability" route as a last resort.