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Buachaill, Barrister
Category: Law
Satisfied Customers: 10944
Experience:  Barrister 17 years experience
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I am in a debt management plan and have found out that three

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I am in a debt management plan and have found out that three of the loan and credit card companies cannot supply or produce any credit agreement. Am I right in thinking that I do not have to pay these creditors until they produce the agreement. I am supposed to pay them around £25 each per month on this debt plan but if I can stop the payments to them then the money I am paying into the plan could be spent on other creditors that can produce the correct paperwork, getting me out of debt quicker. Am I being unrealistic. I only ask because my brother had an issue with a faulty boiler in his flat. He wanted to withhold the rent until it was fixed. He was advised by the CAB I think to continue putting the money he would have paid his landlord into a separate bank account and notify the landlord of the account and when the boiler has been fixed he could have the rent then. Please help.
Buachaill :

1. It is correct that under the Consumer Credit Act that unless the provider of consumer credit can provide a copy of the credit agreement that the debt cannot be collected. Accordingly, you can withhold payment from those credit companies who cannot produce their credit agreement to you. Be aware that this is different to the rule concerning a tenant seeking monies to pay for repairs. The Consumer Credit Act is statutory in nature. By contrast the rule that a tenant may withhold monies to pay for repairs to the rented premises is an old common law rule. But the general principle is the same.

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