creditor failed to provide true copy of credit agreement?

[steven123]

my creditor failed to provide cca and now im being harrased by dca, after numerous letter requesting cca they failed again. today received interesting letter explaining that even though failing to provide cca my debt is still forceble and they threating me with court action.they even put case example: "McGuffick vs BOS - Mr Justice Flaux: "Although the Consumer Credit Act may render the agreement unenfoceable, the agreement remains a valid and subsisting contract and rights and obligations under it continue to exist".....
im not paying anything at the moment and its been about 2 years like that, i dont think CA exist

What should i write them back? what consequences could be if case get to court?

Many thanks
p.s. (creditor- cahoot now santander, dca-moorcroft )

[MrsD]

Re: creditor failed to provide true copy of credit agreement?

Hi Steven

welcome to the site. Do you have a letter actually saying they can't provide a CCA?

[steven123]

Re: creditor failed to provide true copy of credit agreement?

Hi Steven

welcome to the site. Do you have a letter actually saying they can't provide a CCA?

thanks for reply.
I had letter about 2 years ago from cahoot appologising that they cant find CA and sent me pile of copied terms and cond. but i lost that letter. Then i stopped payments simply because i couldn't afford it. Its been quiet all that time and now i believe since Santander took it over they diging all debts and pasing to DCA. It started about 4 monts ago. What should i do?

[MrsD]

Re: creditor failed to provide true copy of credit agreement?

Hi Steven

Don't panic. So who was the letter you received recently from? It sounds as if it said that your CCA was not available. Try not to worry about all the legal stuff, DCAs always try to blind with science. Just because they have written it doesn't actually mean its all true. Can you give more details, original amount, creditor and a wee timeline as to what has actually happened and when?
Niddy will be along shortly and he will be able to advise, but to make it easier for us, we need all the necessary information. very possibly Moorcroft are just fishing, its a pity you can't find the original Cahoot letter, are you sure its lost?

[Never-In-Doubt]

Re: creditor failed to provide true copy of credit agreement?

Steven - hi, just send this and be done with it.

They talk shit.

http://forums.all-about-debt.co.uk/s...7&postcount=21

[MrsD]

Re: creditor failed to provide true copy of credit agreement?

the man has spoken, here was me being all diplomatic!!

[Fribourg]

Re: creditor failed to provide true copy of credit agreement?

Unless I very much mistaken, a SAR request should show that letter sent by cahoot if it was in the last 6 years, sure Niddy will confirm this if it'is the case.

Ooops, reply was made while typing this

[steven123]

Re: creditor failed to provide true copy of credit agreement?

Hi Steven

Don't panic. So who was the letter you received recently from? It sounds as if it said that your CCA was not available. Try not to worry about all the legal stuff, DCAs always try to blind with science. Just because they have written it doesn't actually mean its all true. Can you give more details, original amount, creditor and a wee timeline as to what has actually happened and when?
Niddy will be along shortly and he will be able to advise, but to make it easier for us, we need all the necessary information. very possibly Moorcroft are just fishing, its a pity you can't find the original Cahoot letter, are you sure its lost?

yes i did loose it or misplaced just cant find it, most certan its gone.

recent letter form Moorcroft :

we refer to previous corerespondence and confirm that at this time our client is currently unable to prove a signed copy of the agreement relating to this account.
Please be aware however that the Courts have recently held that the inability of a creditor to produce a copy of an agreement does not mean that the debt not exist and will be written off. In case of McGuffick v Royalbank of scotland.......
Our client confirms that they there remains an obligation to honour the original agreement and that information will continue to be supplied to the credit agencies. The purpose of reporting to Credit ag. is to promote sensible and informed decision making with regard to financial lending and the courts have held that the demanding of payment, issuing of default notices and instructing a third party to demand or seek payment does not amount to enforcement. our client postion therefore remains that the balance of your acount remains due......
we can confirm that we placed account on hold for 14 days and request that you make contact with us. we would be happy to discuss the position with you and confirm on a without prejudice basis that it would be our aim to reach a possible discounted agreement based upon your financial circumstances.

sorry for typo mistakes

what should i write them back?

thanks a lot

[MrsD]

Re: creditor failed to provide true copy of credit agreement?

its mostly just bluster and half-truths, send the letter that Niddy advised, they have nothing and are just trying to intimidate you into paying.
keep us posted and good luck

[Never-In-Doubt]

Re: creditor failed to provide true copy of credit agreement?

I've already advised what to do! Just look up

No need for SAR either. It's until they comply.

[steven123]

Re: creditor failed to provide true copy of credit agreement?

its mostly just bluster and half-truths, send the letter that Niddy advised, they have nothing and are just trying to intimidate you into paying.
keep us posted and good luck

thanks guys, this is real forum with real help! not like others

[Never-In-Doubt]

Re: creditor failed to provide true copy of credit agreement?

That's why we're here mate

[steven123]

Re: creditor failed to provide true copy of credit agreement?

letter is out today, will see what happens,,,

im also paying minimum payment to iqor for my halifax credit card, they sent me requested cca so i have arranged payments. wondering is there any way to tackle it? as reality hitting me hard once again and really strugling to maintain even minimum. help appreciated always.

[Never-In-Doubt]

Re: creditor failed to provide true copy of credit agreement?

letter is out today, will see what happens,,,

im also paying minimum payment to iqor for my halifax credit card, they sent me requested cca so i have arranged payments. wondering is there any way to tackle it? as reality hitting me hard once again and really strugling to maintain even minimum. help appreciated always.

Want to send me the CCA to check? Just cos they send it does not mean it is enforceable!

Read this for details of where to email: ---> User Guide - Sending your Agreement to Niddy

[Pixie]

Re: creditor failed to provide true copy of credit agreement?

Hi Steven

You've nothing to worry about re Moorcroft - empty threats and intimidation.

Let Niddy check your cca from Halifax - you might get a nice surprise!