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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7476
Experience:  BA (Hons), PgDip, Practising Solicitor
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REGARDING THE RECENT ISSUES WITH WRITING OFF CREDIT CARD DEBT

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REGARDING THE RECENT ISSUES WITH WRITING OFF CREDIT CARD DEBT PLEASE CAN YOU ADVISE AS TO THE CREDITADABILITY OF CARDS BEING WRITEN OFF DUE TO THE CARD COMPANY NOT PROVIDING A TRUE COPY OF THE SIGNED AGREEMENT AFTER BEING REUESTED ETC.

Hi,

 

Thanks for your question.

 

Obviously, I can't really speak to the enforceability of the agreement to which the company refers to.

 

Under s78(1) Consumber Credit Act 1974 the creditor is required to send "...a copy of the executed agreement (if any)". This has been taken to mean that the copy they should supply must be a copy but need not be a true photocopy of the signed agreement.

 

If you have provided the requisite £1.00 fee upon request and the agreement has not been sent to you within 12 days of the request then the agreement becomes temporarily unenforceable until the agreement has been sent to you (78(5) CCA).

 

Once the agreement has been sent to you you can check it's compliance with CCA1974 and Consumer Credit (Agreements) Regulations 1983.

 

If this has been useful please kindly click accept so that I may be rewarded for my efforts. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,

Tom

Customer: replied 6 years ago.
what should i be looking for in respect of compliance in ccact 1983?and on what technicality should i be high lighting to them in this respect to get the debt written off?

Hi,

 

There are a number of stipulations made in the regs as to content and layout of information, too many to list here but the regs are not conceptually difficult to understand - there's just a lot of it!

 

Here is a link to a .pdf of the regs:-

http://www.johnpughschambers.co.uk/Consumer_Credit_(Agreements)_Regs_1983.pdf

 

Look at s.2, this deals with form and content of regulated agreements and the subsections in turn refer to scheduled information which must be included in agreements. If the info is not included and the agreement was executed before 6th April 2007 then you have got a good chance of the agreement not being legally enforceable. If you there are omissions then I would take it to a consumer credit lawyer and engage them in correspondence.

 

Note the agreements are not technically "written off", they are just unenforceable which to you means effectively the same thing (they can't sue you for the money) and if the agreements were executed after 6th April 2007 then they a 1983 regs compliance mistake will not mean automatic unenforceability.

 

I hope this clarifies, if so please kindly click accept.


Kind regards,

 

Tom

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