1st Credit - Will not accept a repayment

RAS

zzsarahzz wrote: »

Re:− Account/Reference Number

I do not acknowledge any debt to your company.

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

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of the credit agreement on request. I enclose a payment of £10 which represents the fee payable under the Consumer Credit Act of £1 and £9 as way of a payment.

I understand a copy of my credit agreement should be supplied within 12 working days.

I 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.

As you have refused to consider a repayment plan, in the meantime, I will continue to pay you approx. £10 per month via Postal Order so that should this case come to court they can see that I am in fact trying to resolve this matter. I have asked for your bank details in the past on several occasions but you have not given these to me.


I look forward to hearing from you.

Slight rejig and a couple of additions. I know you are already paying but it does not harm.

zzsarahzz

They have just written back saying the document I requested is retained by their client. They will therefore advise them of my request and arrange for the document to be sent to me.

It also says "Deed of assignment - we would refer you to Section 136 of the Law of Property Act 1925 which provides that the debtor is notified of the assigment of the debt in writing and not a copy of the Deed itself".

It finishes by saying "On receipt of the copy agreemnt we would expect you to contact this office immediately to arrange settlement ofthe debt".

Looks like they are still not willing to accept a repayment plan.

I will wait & see if I do get the credit agreement from Abbey.

pepe2008

ASnd until they provide 'the document' ( the CORRECT, LEGAL CCA ) they are unable to carry out any further enforcement, after 14 days from receipt of the request.
I wouldnt hold your breath on receiving it though:D

Mines been 'in dispute' for 40 days, when it reaches 45 I will take further steps to try and get it written off....they threatened me with all sorts, now its my turn. I have complained to OFT and prepared docs for Financial Ombudsman and Trading standards........I'll send copies ( and possibly some adressed to the Police re fraud ) to the MD of this bunch and see what happens.