dealing with creditor

RAS

Hi

The solicitors letter's are just in-house jobs or letters they have down loaded from a web-site for a fee.

HAve you asked for the Consumer Credit Agreement?

have you sent them a letter telling them that you will deal with them only by letter, so you have evidence of any agreement? It is your right under the OFT Guidelines.

gleeb

consumer credit agreement ?
sorry if this sounds stupid, but why would i be asking for that ?
As you may have guessed, i have not asked for that ! .. I have told them a few times now that i cannot deal with them over the phone.
Up to press i have not tried the debt charities yet. If this drags on for a while i will probably think about doing so.

RAS

Debt charities below

http://www.moneysavingexpert.com/loans/debt-help-plan#help

CCA letters coming.

Also how long betwwen when you first stopped paying the old DCa and now?

RAS

They have 12 working days plus 2 for postage in which to send the document to you, after which they will be in default.

Original CCA request letter to be sent registered post with a £1 postal order. Print do not sign your letter.

Quote:
Dear Sir/Madam

Re:− Account/Reference Number 4563210025897412

I do not acknowledge any debt to your company.

With reference to the above, we would be grateful if you would send us a copy of this credit agreement, statement of account and notice of assignment.

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

We understand a copy of our credit agreement should be supplied within 12 working days.

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

We look forward to hearing from you.

Yours faithfully

gleeb

hi thanks for that .. I guess it was a gap of about four months from me not paying them till they or should i say the people the debt was passed onto, got in touch with me.
I only stopped paying because i heard nothing from the company when i informed them i was moving home. After a few letters with nothing back i did wonder what on earth they were up to or if the company even existed.

I am unsure as to what the CCA letter is supposed to do though ? ..ok i dont owe Apex anything its Barclaycard i owe but they have sold the debt on to Apex which now requires an agreement with them ? .. Lets say they 'default' what does that mean from their point of view ?
Many thanks for your responses .. much appreciated.

regards

RAS

Apex cannot collect this debt unless they can produce the Consumer Credit Agreement. It has to contain the prescribed sections. if they default, they cannot pursue you through the courts.

However based on what you said in you last post, I would be inclined to write a stiff letter of complaint to Barclaycard telling them that they are responsble for the mess and demanding that they resolve the matter and remove any default on your credit record.

Start with the CEO and if they do not resolve it, then complain to the Financial Ombudsman.

gleeb

hi, i received a letter yesterday from Apex saying that they accepted my offer of £10 per month. they enclosed a standing order mandate for me to fill in and send back.. (mind you i can set that up without returning it) anyway, my persistence paid off in the end. thanks everyone.