Should I panic? What shall I do.

artnoble

I have a natwest CC debt of just under £1000.00.

This went to Triton collectors where I had made payments. This went onto AIC debt collectors where I asked for the CCA. I went through the normal routes from this website. This was in January/February time and no CCA was produced.

I have now received a letter from a company called moorecroft. Now this debit is with the third debt collector.

Can someone advise on what to do next?

madamhoodieishere

The best bet is ring the CAB for advice, were you keeping up to date with the repayments, if you were I wouldnt worry, some companies sell on smaller debts as they tend to make less money from them.

Broken_hearted

Ask moorcroft for the CCA or come to an agreement to pay it with them.

artnoble

shall I start the CCA request again.

surely as the last debt collector couldnt provide me with a valid cca therefore couldnt enforce the debt so sold it on.

do i follow the same procedure here?

artnoble

cheers, im a bit panicy at the moment as i have been made redundant and im living on job seekers, desperately looking for work but i have no means to payy my bills

melie3

artnoble wrote: »

shall I start the CCA request again.

surely as the last debt collector couldnt provide me with a valid cca therefore couldnt enforce the debt so sold it on.

do i follow the same procedure here?

hi art,
as far as im aware, might be wrong but i didnt think they can just 'sell on' a debt to another dca if they havent a cca on file. i would definately do a cca request for moorcroft, with your £1 postal order. they are likely to send it back anyway, but the debt cant be enforced only by a judge. ive sent cca to moorcroft and got my postal order back, havent heard a dickie bird since not even from OC. just to make you aware, natwest are part of RBS. RBS also use triton as their DCA. an RBS advisor told me that triton are their inhouse DCA. oh and try not to worry too much about cc debts, make sure you keep the roof over your head, c tax, gas leccy etc and of course food in your belly. these things are more important at the moment x

rayday2

I never heard anything from an original creditor but after requesting a CCA a third DCA is now on the case. Requesting CCAs is not always the quietest way to go in getting rid of debt.

artnoble

cheers melie.

i did start to panic when i first read it. but if they have sold it on to a third collector then there i dont think there is a CCA for this debt.

is this the letter i should be using again. I forgot.

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by 1 June 2007, I will have no hesitation in passing your details to the Office of Fair Trading.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

artnoble

what does intended litigation mean?

melie3

artnoble wrote: »

what does intended litigation mean?

legal proceedings

artnoble

melie3 wrote: »

legal proceedings

but without the cca they cant really do that can they