PLease can you point me in the right direction?

[1stlifeline]

I keep reading on the forums about writing to companies to which you owe money asking for the original agreement as if they cannot supply it there is no debt. Am I misreading this or not. Many of the posting have a lot of abbreviated parts so Im not sure I fully understand. Is there a simplified explanation on the site somewhere please. Thank you.

[powelll]

Basically, for a Consumer Credit Act regulated agreement ( this applied to most unsewcured loans, overdrafts, credit cards, catalogues, HP etc etc under £25k although depending when agreement taken out £15k limit may apply ) you have the right to request a copy of the original executed agreement as well as a breakdown of the account.

 

Under CCA 1974 regs this should be supplied within 12 working days. If it isn't the creditor is in breach of CCA regs. If the info isn't supplied within 30 days a criminal offence has been committed and they can potentially be prosecuted.

 

The debt becomes unenforceable via the county court until the info is provided. It DOESN'T mean that there isn't a debt |( ie it doesn't get 'written off' as such ).

 

Hope this helps - it probably is somewhere on the site but I'm not very techy with links and things

[Jeff2000]

Hi,

 

 

You could send this letter:

 

 

Dear Sir/Madam

 

I do not acknowledge ANY debt to your company.

 

I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a signed true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a full and detailed statement of account. I enclose a £1.00 postal order in payment of the statutory fee, PO Serial Number XXXXXXXX.

 

This postal order is for no other purpose than mentioned in the above paragraph.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

 

Yours Faithfully

 

 

Best wishes, Jeff.