Unsigned credit agreement

by Ohfreeme17 Fri Jul 27, 2018 1:17 pm

Hello,

I was just wondering if anyone would be so kind as to tell me what I need to do...

I’ve completly lost track of 3 letter process the folder started falling apart. Way too many debts and nonone to help me sort it out.

Credit agreement refers to storecard. I have never had one of those!

by waylander62 Fri Jul 27, 2018 1:45 pm

so you are saying that you have never had or opened an account with next directory !?

by Ohfreeme17 Mon Jul 30, 2018 8:05 am

waylander62 wrote:so you are saying that you have never had or opened an account with next directory !?

I posted about what happened to me in the old forum....

Was ill I can’t remember! Lots of people around me taking advantage. Getting me to take out mobile phones for them etc and not paying up. My life spiralled.

They have sent me statements for an online account.

by Ohfreeme17 Mon Jul 30, 2018 8:09 am

Also no default notice... Will be 6 years as of June Next year.

by Ausk Fri Aug 03, 2018 9:04 am

Do you have any evidence you sent them any of the 3 letters? They ask for the 3 documents they must have before they have any standing in the court.

these are a copy of the original agreement you signed with the original creditor - the people you borrowed the money from, the letter or Notice of Default from the original creditor and a copy of the Assignment Notice.

The 3 letters ask for these things. If you sent it recorded delivery then you might still have the receipt for this. If you have it then you don't need to do anything at all because you have requested them to prove their claim against you. If they have not sent the evidence required then its likely they have don't have it.

You could send them again as this will give you certainty and confidence and you will be able to prove to the court that you have requested proof of claim but they have not provided it. The courts tend not to be keen on litigants that do not provide proof of claim when requested and given time to do so.

by Ausk Fri Aug 03, 2018 9:08 am

If the credit agreement is unsigned then ask them how or why it has anything to do with you.

An unsigned contract is no contract at all. If you are not sure whether or not you have sent the 3 letters then send them again and it will take care of all of this as far as them proving their case.

by handle Fri Aug 03, 2018 2:44 pm

The problem is when they "reconstitute" a credit agreement, which will not have any signatures. However, if this was a pre 2007 agreement then it is probably unenforceable as it does not conform to the consumer credit act 1974.
I know you said default notice is 6 years next year but they tend to delay the default notice, actually not even send one at all. The six years starts when you actually default on payments, provoding you have not made a payment since or acknowledged the debt or offered a small sum.

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