No Credit Credit Agreement supplied?

[MCPR82]

Sorry - being dim here I think. But what happens in the period after the 12 + 2 days if they come up with the 'goods' ?

 

 

Whoops - looks like my question from the other day has sparked some 'debate'. Is there a definative answer now ?? Thanks All !!

[CG7]

To the Moderator's........Please what happens now then, if the 42 days have passed and we/I have heard absolutely nothing, what do I do. ????? thats the stage I am at now.

[Stornoway]

I've found that quite a few of my older credit cards have no agreements available. I'm still outstanding a few replies but so far,;

- RBS confirmed they have no credit agreement and have 'discharged' the debt (written it off) without me even asking for this.

- HSBC confirmed no credit agreement but say the debt still exists (which is true but it cant be enforced)

- Citicards confirmed no credit agreement.

 

What is more worrying though is that all three of the above companies say that under the DPA they only have to provide a copy of my agreement and therefore enclose a copy of the terms and conditions from the time my account was signed up. They say that this proves I agreed to the processing of my data and accordingly they will not remove the default. I'm very concerned that all three are saying the same thing - either they have some basis in law or I suspect the banks have been speaking to each other on this specific issue.

[Stornoway]

PS: See my post above - MBNA and Capital One are also in default to s78 response from me. When Cap One phoned looking for money I pointed this out and they said whilst they couldnt enforce they could send debt collectors round as the debt still exists. I DEFINITELY dont want that to happen.......

[MCPR82]

To the Moderator's........Please what happens now then, if the 42 days have passed and we/I have heard absolutely nothing, what do I do. ????? thats the stage I am at now.

 

Did a Moderator get back to you ? I'd also be interested in this advice !!

[gizmo111]

Did a Moderator get back to you ? I'd also be interested in this advice !!

 

Then they are in default until thy supply you with the agreement,at this point the debt cannot be enforced through the courts but still exists. You are now in a in a good position to offr a full and final settlement of a small % of th debt.

 

After the 30 days they ahve committed an offence but it doesn't really benefit you as you cannot take any action, but atthis point you should report them to hem to trading standards.

[MCPR82]

Then they are in default until thy supply you with the agreement,at this point the debt cannot be enforced through the courts but still exists. You are now in a in a good position to offr a full and final settlement of a small % of th debt.

 

After the 30 days they ahve committed an offence but it doesn't really benefit you as you cannot take any action, but atthis point you should report them to hem to trading standards.

 

 

Useful - Thank You. Can they pass/sell the 'debt' on to as DCA or similar even if they are in breach ??

[gizmo111]

Useful - Thank You. Can they pass/sell the 'debt' on to as DCA or similar even if they are in breach ??

 

Yep - the debt still exists

[MCPR82]

Yep - the debt still exists

 

 

:mad: Thanks I had a feeling you might say that - Shucks !! So can this mean the DCA (or whoever 'takes over' the debt (if that's what happens?) going down the CCJ/ Balliff's road ?

 

Sorry to be a pain

[CG7]

If they sell the debt on again though, surely they will hit the same brick wall eventually, no agreement - no enforcable debt, it would go round in circles wouldn't it. ??

[jamesbond]

even though the debt still exists, any dca who did purchase it would be rather silly as it is still unenforcable by them if no credit agreement is available.as far as i am aware the original creditors or a dca are also on sticky ground in attempting to enforce the debt in the knowledge that no agreement is present, and any attempts should be reported to the fsa and the ts in the event of this happening.good luck 007

[CG7]

Yes exactley thats what i thought too James, what would be the point................cg

[Stornoway]

even though the debt still exists, any dca who did purchase it would be rather silly as it is still unenforcable by them if no credit agreement is available.as far as i am aware the original creditors or a dca are also on sticky ground in attempting to enforce the debt in the knowledge that no agreement is present, and any attempts should be reported to the fsa and the ts in the event of this happening.good luck 007

anyone know what counts as 'enforcement' - is writing to you / calling you / visiting you enforecement or is it taking you to court ?

[gizmo111]

anyone know what counts as 'enforcement' - is writing to you / calling you / visiting you enforecement or is it taking you to court ?

 

AFAIK it is court proceedings - they will try their best to wear you down to agree to pay something.

[buster642]

even though the debt still exists, any dca who did purchase it would be rather silly as it is still unenforcable by them if no credit agreement is available.

 

But they still do it - they just sell it for absolute peanuts and a few years down the line you get some more letters etc. from someone else

 

While it might seem bizarre that they would do this, they probably roll "your" debt into a "package" - say 10,000 "customer accounts" for a few grand - pays the electricity bill for a few months...

 

... and for the DCA taking them on, maybe, just maybe one or two of those people will pay up, even though they don't have to, which will pay for the rest...

[red devil1967]

I have recently completed the cca route successfully thru brian carter/fredricksons and also scotcall/cabot...after getting the letters back stating they have no cca`s 30 days plus two are up on the 12th june.I took advice from national debt helpline who sent me a template letter stating no further contact sholud be made without the cca`s and also that I do not want them to sell the debt on.After they have recieved that letter they would be acting illegally if they sold the debt on further...It`s probably a little late now to help...but just thought I`d try and clarify for future readers.

[Chickenlicken]

If theres no cca, how can the debt exist? It can't be enforced, they can't default you etc so how can it exist? It must hang over you forever & ever amen?

someone correct me if i'm wrong

Edited June 6, 2008 by Chickenlicken