DEBT discontinuance by claimant

[Diixie]

A DCA has sent notice of discontinuance in response to my acknowledgement of claim and request for the agreement under section 77-79 of the consumenr credit act, demonstrating they have legal ownership of the account.

They have provided a document which has an old address printed on the first page, but no signature page , just a general print out of likely terms. I would argue this is not conclusive proof the DCA own the account. They have previously directed me to the bank for any orignial contract when I requested it.

Is it resonable for me to see the signature page?

Is it likely they have no legitamate reason to contact me , without said page?

[echat11]

Hi DIIXIE

Welcome to LB

a) A DCA has sent notice of discontinuance in response to my acknowledgement of claim and request for the agreement under section 77-79 of the consumenr credit act, demonstrating they have legal ownership of the account.

Did you receive a Court Claim?

b) hey have provided a document which has an old address printed on the first page, but no signature page , just a general print out of likely terms. I would argue this is not conclusive proof the DCA own the account. They have previously directed me to the bank for any orignial contract when I requested it.

How old is the account? The address should be the one when you took out the agreement, if they've reconstructed the agreement.

c) Is it reasonable for me to see the signature page?

It depends when the agreement was taken out. They are less relevant.

d) Is it likely they have no legitamate reason to contact me , without said page?

Debts can be chased, the debt maybe 'unenforceable', but you need to make that case.

Some background information would be useful.

[Diixie]

The account was established in the 1990s with Morgan Stanley , transferred to Barclaycard in 2000. The alleged debt is from 2023.

The Consumer Credit Act 1974 Section 78 Duty to give information to debtor under running-account credit agreement.

1. The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it,together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

The signed page of the agreement was definately performed in the 90s - Shouldnt the signature page travel with the owner?

The above act states I should expect something signed by the creditor.

[echat11]

The account was established in the 1990s with Morgan Stanley , transferred to Barclaycard in 2000. The alleged debt is from 2023.

The Consumer Credit Act 1974 Section 78 Duty to give information to debtor under running-account credit agreement.

1. The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it,together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

The signed page of the agreement was definately performed in the 90s - Shouldnt the signature page travel with the owner?

The above act states I should expect something signed by the creditor.

That's the reason for asking how old the account was. As the account was taken out pre 2004, they need to provide a 'True Copy'
of the agreement, until they do the agreement is 'unenforceable'. They can't reconstruct the agreement from the information they hold.

If the agreement is 'unenforceable' they should tell you that is the case after you've made a CCA request. They shouldn't try and mislead
you, they need to be 'upfront' with their communications to you.

[Diixie]

Could you please quote the legislation and section needed to demand a true copy please. I appreciate your great work thank you. Diixie