DCA cannot provide signed agreement...What should I do???

[colxlum]

original post has been removed as it seems that I am being mis-interpreted.

Edited October 14, 2011 by colxlum

[citizenB]

Have moved you to the Debt Collection Industry forums.

 

When was this account opened ?

 

TBH, I am not quite sure what is happening.. Are the DCA saying they are removing adverse entries.. I dont think they can remove links to addresses unless those addresses are inaccurate.

 

Hopefully someone with more knowledge will be along soon to advise.

[colxlum]

The account was opened in 2008.

 

They said that they are amending their files and will revert the address for the disputed account back to the original address on the credit agreement and will contact the CRAs requesting any address links from my previous address to the agreement address to be removed.

 

What do you think??

[firstship]

Hi, welcome,what type of debt is it,Credit Card/Loan/Bank account and who was the OC.

 

Obvious question, is the debt yours?If a default notice was issued while you where at the old address it will still show on your credit file.

 

If the application was made on line which was common practice there is a good chance once they have your old address they the OC or DCA will produce a Reconstituted agreement.

 

Have you paid any money into the account in question or have you used the money,or is the debt just not yours?

 

FS

[colxlum]

It is a cc

Edited October 14, 2011 by colxlum

[rhos123]

Firstship: Thank you for your comment.

Firstly, the debt is mine and it is a credit card.

I only made one payment on the account and when I moved from that address three years ago, I just could not keep up with the repayments.

I know a default was registered on the account but as I have challenged the DCA and asked them to produce any evidence that the debt is mine, they have not been able to do so.

 

which dca is it?

[colxlum]

it is ??

Edited October 14, 2011 by colxlum

[BRIGADIER2JCS]

OK you say the debt is yours,the account was

opened on line, therefore the tick or X in the box

is your signature and is acceptable and can be

enforced.

Therefore given that information what is

your challenge to this debt at the moment

I cannot see one.

[rhos123]

it is AK

 

ignore the muppets

[BRIGADIER2JCS]

Wrong!!

[colxlum]

The point is that they have decided to remove address links.

Edited October 14, 2011 by colxlum

[BRIGADIER2JCS]

No I cannot explain that at all.

Since the vast majority of credit

arrangements are now made on

line the X in the box is valid proof

of the ''intention'' to sign as is a solicitors

stamp or computer generated signature.

The intention to sign by the X in the box

is easy to prove from the electronic records.

[rhos123]

Wrong!!

 

why the defence for the dca?

[colxlum]

No I cannot explain that at all.

Since the vast majority of credit

arrangements are now made on

line the X in the box is valid proof

of the ''intention'' to sign as is a solicitors

stamp or computer generated signature.

The intention to sign by the X in the box

is easy to prove from the electronic records.

 

well, the CCA 1974 recommends that the appl is sent to the applicant for his /her signature. Therefore, an agreement that does not follow this guidelines is nit enforceable.

[BRIGADIER2JCS]

No defence at all, ignoring correspondence

regarding debts is usually very stupid as

the DCA/ Creditor will automatically assume

that the debtor intends to AVOID paying

the debt, leaving the debtor open to court

claims, CCJs or worse these matters MUST

be addressed or the consequences faced.

[rhos123]

No defence at all, ignoring correspondence

regarding debts is usually very stupid as

the DCA/ Creditor will automatically assume

that the debtor intends to AVOID paying

the debt, leaving the debtor open to court

claims, CCJs or worse these matters MUST

be addressed or the consequences faced.

 

total cr@p never ever pay the dca!!

[colxlum]

No defence at all, ignoring correspondence

regarding debts is usually very stupid as

the DCA/ Creditor will automatically assume

that the debtor intends to AVOID paying

the debt, leaving the debtor open to court

claims, CCJs or worse these matters MUST

be addressed or the consequences faced.

 

As mentioned earlier, I replied to their letters but also challenged them to provide proof.

I hope someone can explain what removing link account mean.

Edited October 14, 2011 by colxlum

[BRIGADIER2JCS]

well, the CCA 1974 recommends that the appl is sent to the applicant for his /her signature. Therefore, an agreement that does not follow this guidelines is nit enforceable.

 

Take a read of case law and the fact that facsimile signatures

such as those required for on line applications/agreements

are totally acceptable, legal and can be enforced

Why without this would any on line agreement ever succeed.??????????????????????????????

[BRIGADIER2JCS]

total cr@p never ever pay the dca!!

If you want to read crap read your own imho totally mindless ill considered

comment, unhelpful to say the least.

[watchinginvestigation2011]

Rules were changed that made applications online as valid as singed in the premesis, the tick box is relevant.

 

If op tries to use this as argument to not pay an account they recognise as theres they would lose in court, it is not a matter of defending any dca !!!!!!

 

Much better if cannot afford to repay this account to negotiate and pay token payment of 1.00 a month if that is all you can afford.

 

If there was a period of non payment of six years then many would say ignore the dca, but this is a relatively new account only 2008 and the debt is aknowledged by op, so really its up to them if they wish to go to court or pay what they can reasonalbe afford.

 

If they ignore it and have assets as in house or car, they might get nasty shock if ignore, but really its up to op.

[watchinginvestigation2011]

total cr@p never ever pay the dca!!

 

 

What an ill informed comment.

Whilst we on this site do not love dca's, it depends on the case wether can ignore or negotiate.

[BRIGADIER2JCS]

Exactly:madgrin:

[rhos123]

What an ill informed comment.

Whilst we on this site do not love dca's, it depends on the case wether can ignore or negotiate.

 

i for one do indeed not love the dcas and indeed i will ignore them. my comment is not ill informed !!! as the o/p states dca CANNOT PROVIDE SIGNED AGREEMENT!!

[colxlum]

One more thing, if a tick on a box is now being accepted as a signature, without further proof of ID from the applicant, then there will be bogus applications. Correct me if I am wrong.

[watchinginvestigation2011]

One more thing, if a tick on a box is now being accepted as a signature, without further proof of ID from the applicant, then there will be bogus applications. Correct me if I am wrong.

 

Bogus applications !!!!!!! So did a bogus person use the credit card or the person now being chased, come on. This is starting to smell more like debt evasion.

 

If it was bogus surely op would have involved the police much earlier than now, so my point is, there comes a point when you have to realise you have to sort it out rather than ridicule yourself trying to find reasons not to pay. All legal avenues persuable are fine as in if you had got loan in a branch or credit card application in a store and requested cca and they did not have it, you have a better chance. But the applcation was online and appears valid, you know even with not online courts sometimes accept reconstituted agreements, so it also depends on the judge.

 

Argung and annoyed that your question has been answered and you have not heard what you want gets you no where.

 

you could of course still do a subject access request and get all information they have re you on their systems, this would show what they have re the application as in time etc......If for some error reason they had no menton of when it was applied for, no email entered at time of application or lost valuable information given at the time, they the subject access request would hint at that.

 

But does the op want to ignore or follow the advise of someone who is not affected by your particular case, in that they wont be the ones getting the baliff knocking on their door.

 

If you cannot afford to pay this debt when all avenues are taken, then it is better to agree a payment you can afford and if that is 1.00 a month only, then so be it, you can at least show any court you have attempted to pay it and paid what you can, a court will look better on that, than if you ignore or try to argue to credit card company has no case on the basis you have said.

 

It is really up to you, no one will force you to make payments to any dca on this site, but hey if you owe that money and you are ignoring them with valid agreement even if online, then a court sure will.

 

Do you want to risk that or take a deep breath and get further advise, perhaps cab?