Section 78 No CCA - Lender failed to comply

S

SPELLCASTER

New Member
Nov 17, 2011
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I wrote to my credit card provider on the 24th October asking for a true signed copy of my credit agreement under section 78 credit and consumer act. After 12 days had passed, the lender failed to respond, and ignored the request. I sent them another letter, this time threatening to put the account into dispute on a section 10 notice. I suddenly heard from them asking me to send them a £1.00 statutory fee to release the paperwork.

If I still don't hear from them after the 25th November, what should I do?? They would then have had 24 days to respond.

I don't ever recall signing the credit agreement, this is probably why they cant respond.

What is the law now on unsigned credit agreements and if lenders fail to comply under a section 78?

I took the card out online after 2007.

Any help please I dont know what to do next. Thanks.
 
W

Witch consumer

Moderator
Sep 8, 2008
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Debtors retreat
Many people see failure to comply as an easy way to get out of paying a debt and its true that some have successfully challenged this in court, however, morally I think if you have borrowed the money, you should commit to paying it back.
 
S

SPELLCASTER

New Member
Nov 17, 2011
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Thank you for your reply.

I am not simply trying to get out of paying back the debt; if the lender cannot supply what I rightfully asked for its not my fault its the fault of the lender.

I have been happily paying the debt back until I saw about claiming under a section 78.

If I dont hear back from them by the 25th November, I am going to send the credit card provider a full and final offer of payment, if they dont accept my offer, then I shall claim against the lender for failing to comply.

If they also refuse my final offer of payment, they will be frowned upon by the Court for being unreasonable.

I also know for a fact that the lender cannot enforce the agreement if they cannot produce a true signed executed copy of the agreement.

I have given them enuff time to comply in total 24 days.
 
W

Witch consumer

Moderator
Sep 8, 2008
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Debtors retreat
Not quite that simple, apparently they only have to supply a copy of the agreement as it stood when you took out the loan (or credit card), it's a while since I saw anything relating to this but like the refunds of bank charges, the banks soon got wise to the increased claims and took action on the matter. I know they won a fairly infamous case where the claimant actually had a copy of the original agreement and one produced by the bank was (allegedly) 'fabricated', if ever there was a case that should have gone in favour of the claimant, it was that one, but it didn't.

You are quite right when you say they should provide the document when requested and if they produce nothing it will go against them but that doesn't mean you will win a court claim against them, I suggest you do a little more research of past cases.

Putting the account in dispute won't stop them reporting to the credit agencies either, until a court tells them otherwise.
 
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