what happens if dca can't provide original Credit agreement?

[Hubbabubla]

Hi, me again. ..I know it's been a few weeks. I've originally posted on to the General recoveries thread but thought I'd try a new one. I've received a letter today from Marlin Financial Services chasing £986 relating to an Egg credit card I defaulted on in 2004. They claimed that General Recoveries last paid them in September 2013. I have spoken to them on the phone this evening explaining the situation with GR in administration ( to which the person on the other end of the phone thought was funny grrrrr!) she has asked me to go through an income/expenditure thingy to ascertain how much I could pay them directly each month. I refused and asked for the original CCA to be sent to me ( have I done the right thing?) what happens if they can't provide it?

[FlamingParrot]

Re: what happens if dca can't provide original Credit agreement?

One thing I'd like to point out is that everything should be in writing. :typing:. Don't ring them, write to them. You don't have an obligation to submit an I&E statement to a creditor without a court order. They can ask... but that's all.

For a CCA request to be valid it has to be made in writing, quoting s.78 of the CCA (for credit cards) and with a £1 fee. I know people who have obtained copies of their agreement over the phone but if you want to argue they've not fully complied, you need to send an 'official' request in writing with the fee. They should respond in 14 days, otherwise the account is unenforceable until such time they send something compliant. :thumb:

[Hubbabubla]

Re: what happens if dca can't provide original Credit agreement?

Thanks Flaming Parrot. they have rang my mobile this evening and left a voicemail asking me to ring the back. No way I'm using my minutes!
if they don't comply and do not have the original signed agreement what happens then? They are not going to write the debt off completely:tinysmile_cry_t: ????
if I do have to write to them and send a cheque for £1 they will be able to copy my signature??? To be honest I can't remember signing anything as I applied for credit on line.
The story of why I'm in this current situation is posted under the "general Recoveries in administration" thread on here.

[FlamingParrot]

Re: what happens if dca can't provide original Credit agreement?

Thanks Flaming Parrot. they have rang my mobile this evening and left a voicemail asking me to ring the back. No way I'm using my minutes!

Even if it didn't cost you anything, you shouldn't ring them, but if they ring often, it may be an idea to keep a log of the calls. :typing:

if they don't comply and do not have the original signed agreement what happens then? They are not going to write the debt off completely:tinysmile_cry_t: ????

Highly unlikely, but the won't be able to obtain a CCJ against you in court and the debt will eventually go SBd, which means it's irrecoverable and you can forget about it.

if I do have to write to them and send a cheque for £1 they will be able to copy my signature??? To be honest I can't remember signing anything as I applied for credit on line.
The story of why I'm in this current situation is posted under the "general Recoveries in administration" thread on here.

You can send a PO for £1 and sign the letter digitally using a computer font. Some creditors (notably Cr@pOne, RBS, NatWest) insist in a signature, but not all do, so you can try sending a letter where your name is printed on a different font, or just do a squiggle (they won't know any better ). Or use one of these to sign on top of: