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
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:-
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).