Unenforceable Credit Agreements?

[Moose on the loose]

Hi There

 

Im a bit new to this but i have six cards and i suspect that some of them are not enforceable because i was often caught by a girl at a motorway service station or something and i dont remember a formal credit agreement being sent.

 

there is a small ad inthe sunday times [edit] and ive spoken to her and she reckons on a 98% success rate but wants £500 up front.

 

first it seems that 98% is too good to be true and secondly, £500 seems a lot - i would swallow no win no fee?

 

has anyone got any advice on what the success rate is likely to be in getting this stuff written off please>

 

Thanks

Edited August 11, 2008 by steven4064

[noomill060]

Hi moose- we can all fight unenforceable agreements, you dont need to pay someone to do it.

 

Your post could be classed as advertising, this isnt allowed on CAG.

 

CAG is all about self help.

[steven4064]

Hi moose

 

I agree 110% with noomill. Why part with £500 to do something you can do yourself (with the help of others on CAG, of course)

 

BTW, I have removed the name of the 'helpful' ST add in your post.

[Moose on the loose]

OK - Sorry

 

Im def not advertising!

 

Ive sent off six x SAR's under the CCA, but i think i may have goofed because i signed the cheque myself and a number of threads have said you shouldnt do this?

 

does anyone know the implications?

 

Thanks

[steven4064]

You seem to have coupld of things a little confused -

 

SAR is sent under s7 of the Data Protection Act 1998 for all information they hold of which you are th subject

 

A request under s77 or s78 of the Consumer Credit Act 1974 is for a copy of the credit agreement governing your account.

 

We advise people not to send anything with an actual signature on when making a s77/s78 request (just) in case the organisation concerned are unscrupulous enough to fabricate an agreement using that signature. To do so, of course, would be a criminal act under the various Fraud Acts.

[Moose on the loose]

ok gotcha, well i doubt that a job s worth would get the scanner out. My signature now is very different to the one i had 15+years ago when i applied for a lot of these cards. If i suspect foulplay then ill ask for sight of the original document...

 

This is the wording i put in the request

 

"Please supply me with a true copy of the original agreement referred to above.

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974 - your obligation also extends to providing a statement of account. I enclose a £1 cheque in payment of the statutory fee.

Under the consumer credit act, you have 12 days to provide this information. If it is not provided within 28 days then you are committing a criminal offence.

I look forward to hearing from you."

[steven4064]

THat's OK but it is a s77/s78 request under the CCA 1974 not a SAR. Section 77 refers to fixed sum loans, s78 to variable amount loans (credit cards, in particular).

 

[pedantic remark]not providing the information within 1 calendar month after the expriy of the 12 days is a summary offence[/pedantic remark]

[Moose on the loose]

I appreciate all help including the 'pedantic remarks' !!