A Horrible Situation!

dibba66

If the person who sent the draft letter could send it again, I'd be grateful.

stapeley

A tricky one . Maybe a lesson to be learned . Never sign anything when drunk or in love ! If your name is on the account ,and payments were taken from your account , they could be able to prove association . I think you may have been turned over . If ex disappears they now have your address . Not very helpful I know, sorry .

GeorgeUK

Dibba, i've posted a link to the template requesting a copy of the CCA above. If you just need a letter stating that you are not aware of any debt and require proof that it is yours, there is always the "prove it" letter (same thread). This may have been the one that went missing.

http://forums.moneysavingexpert.com/showthread.html?p=11570893#post11570893

dibba66

Yes, that's the one. Is it necessary to be so formal in the letter? If they can't produce my signature, is it true that they can't hold me to the debt?

Also, a couple of further thoughts:

• If the debt was proven to be mine via a signature, would it be possible to offer a reduced payment as full and final settlement for 'my' part of the loan? I haven't got the money, but a relative may help me and I'd rather owe them than the finace company.
• Alternatively, if my ex was able to accept that the debt, morally at least, is hers (I think she may, or should), would she be able to get one of her family members to guarantee the loan and get my name off it?
• What's the situation regarding the newer version of the CCA and how does it affect my situation? A poster mentioned that if the loan was taken before 2006, the impact on me would be different than if it was taken out after that date. How?

Thanks in anticipation.

RAS

Hi

Yes the letter needs to be that formal.

The Consumer Credit Act 1974 was amended in 2006, althought the changes became law in April 2007. If your account was opened prior to April 2007, the creditor has to produce a SIGNED copy of the Consumer Credit Agreement, unless the account was opened on-line. This has to contain certain prescribed terms.

This means that any account that is not covered by a signed CCA which meets the prescribed terms is unenforceable in the law courts. You still owe the money but if you have a default already on your credit record the creditor can do nothing more to affect your credit rating or force you to pay.

Some people use the absence of the CCA to negoitiate better payment terms, others to stop paying.

dibba66

Back again. Thanks for all the advice. I sent off the letter to CL Finance 2 weeks ago requesting a copy of the signature but they haven't replied. I enclosed a cheque for £1 signed by my wife but this gasn't been cashed. What's my next step please?

GeorgeUK

They have 12+2 working days to respond.
If they don't there are other template letters you can send and the debt at that point will be indispute and unenforcable unless they produce a CCA.

The templates are in the link on post 6.

RAS

dibba66 wrote: »

I enclosed a cheque for £1 signed by my wife but this gasn't been cashed. What's my next step please?

£1 is the maximum payment that can be charged for proving a CCA. There is nothing to say they have to take the money, just they can muck you about if you do not send it first time.

RAS

dibba66 wrote: »

Thanks ani*fan. I thought I was going mad! The post definitely was there, wasn't it? I'd be grateful if the sender could get in touch and would also be grateful of any further advice anyone else can give. Thanks.

Hi

You have two identical threads and looked at one then the other - see here http://forums.moneysavingexpert.com/showthread.html?t=1275801

MaybeTine or fermi could meld them together? if you ask nicely?

dibba66

Thanks. George, I only thought of this after I sent the letter - should I have sent it by recorded delivery, because I didn't! Should I send the letter again?

Also (anyone), if the loan was for £26000 (I seem to remember it was for something like that figure), does that come outside the CCA and if so, how will that impact on me?

Jumping the gun here, but assuming they can't send me a signature can I have any trace of the debt wiped from my credit files?

George, what does '12+2 working days' mean?

Would it speed up the process if I rang CL?

Thanks all!