At the end of my tether!!!

rainbowsandflowers

I posted on here a number of months ago regarding some accounts that were taken out in my name by an ex without my knowledge. They were for catalogue companies. After some fantastic advice, I sent off some template letters to the companies concerned to obtain copies of CCA's. I received letters from them all stating that they had no signed copies. Two have backed off completely after advising that they are unable to enforce the debt, although it transpires that they are recording information on my credit file all the same. How can I get this sorted? I've never had bad marks in my life before.

The other however, NDR, are being really awful. I receive letters from them weekly, I have sent them templates from this forum advising that they have to send me a signed copy of an agreement and I have also asked them for proof of signature for the goods I have supposedly taken delivery of and they are unable to provide either. They are constantly adding charges to this account and state that I am responsible for it. Kind of at a loss as to what to do now. I have involved the police but they are still telling me that it is down to me to prove that it is not my debt and it doesn't matter that they don't have my signature on anything - please help, its really getting beyond a joke. How can this morally be correct????

milliemonster

Hi, I am no expert by any means but it is not up to you to prove you don't own the debt, it is up to them to prove you do, they are just trying to pressure you into paying.

If they can't provide you with a true signed copy of your CCA then they can add all the charges they like but can't enforce payment from you.

I think after so long if they don't provide you with a true signed copy, then the account is legally in dispute which prevents them from adding any more charges (legally) but I am sure someone soon will be along soon to give you better advice than me

RAS

Please speak to one of the debt charities - NDL would be most use in this situation.

Can we just check what sort of accounts?

If they are covered by the CCA then NDR are telling porkies and you need to stop speaking to them altogether, as unrecorded phone calls allow them to lie or embellish the law.

If they have written to you to this effect, then you need to make a formal complaint to the OFT and to the CSa and Trading Standards and send a copy of the letter.

I would also evoke NDR's formal complaint procedure and talk to the Information Commisioner about the recording of false information on your credit record.

rainbowsandflowers

Hey - thanks for the advice again. It was a catalogue account with Littlewoods originally and they are continually quoting the Consumer Credit Act in their correspondence so I am assuming that they are covered by it.

When I sent the first CCA letter to them back in September/October time (i think) they sent a blank agreement stating that I would have signed an agreement like this and also stated that they are not obliged to furnish with me a fully signed agreement.

I know that I shouldn't have phoned them and it was really daft of me but I was just getting so sick of the constant nonsense and lack of regard for regulations along with their threatening letters. I won't be phoning them again thats for sure, lol!

The thing that is annoying me the most is that they seem to have cart blanche to do anything they like. They have no agreement or proof its me but yet they can ruin my credit rating like they have. It seems ridiculous that someone could be liable for huge sums with no proof or signature (or so they would lead you to believe).

RAS

catalogue debts are covered by the Consumer Credit Act. When was it taken out? and was it on-line?

MrsTinks

They don't have cart blanche at all - they just like everyone to think they do. If you have asked them for a signed copy of the agreement using the forms from here and they are now not supplying it within the time limit then you send them the next letter advising them basically to go away but in legal speak If they continue to harass you then you report them like RAS says.
It is not up to you to have to prove you don't owe them the money - and again if they have put it in writing then you have them over a barrel!

RAS - I'd doubt the OP would know how the credit was taken out if it was the Ex that did so fraudulently in their name... Unless ofcourse the creditor has said how it was taken out?

And no... never ever call them unless you are particularly tenancious and know the rules some days I am almost hoping another DCA will mistakenly try and make me liable for debt that isn't mine... *sigh* oh the fun I had

rainbowsandflowers

They have told me that it was taken out in early 2006 but have not confirmed in the letter if it was online or not. Would the fact that they don't have a signed agreement mean that it was taken out online and would like make a difference? Thanks again

rainbowsandflowers

MrsTine wrote: »

They don't have cart blanche at all - they just like everyone to think they do. If you have asked them for a signed copy of the agreement using the forms from here and they are now not supplying it within the time limit then you send them the next letter advising them basically to go away but in legal speak If they continue to harass you then you report them like RAS says.
It is not up to you to have to prove you don't owe them the money - and again if they have put it in writing then you have them over a barrel!

RAS - I'd doubt the OP would know how the credit was taken out if it was the Ex that did so fraudulently in their name... Unless ofcourse the creditor has said how it was taken out?

And no... never ever call them unless you are particularly tenancious and know the rules some days I am almost hoping another DCA will mistakenly try and make me liable for debt that isn't mine... *sigh* oh the fun I had

Did this happen to you then Mrs Tine? Do you mind if I ask what the outcome was? I would really like to think that I can get this sorted and also be able to make them take adverse info off my credit file. I think I am going to sit down with some more strongly worded letters this evening :rolleyes:

RAS

MrsTIne has been known to take DCAs and tie them in knots. And we have another poster whose telephone antics have people rolling in the aisles.

rainbowsandflowers

Lol, wish I had those skills, lol! I did get called a "rude cow" today, maybe i wound the man up a little, lol!

RAS

rainbowsandflowers wrote: »

They have told me that it was taken out in early 2006 but have not confirmed in the letter if it was online or not. Would the fact that they don't have a signed agreement mean that it was taken out online and would like make a difference? Thanks again

The important date is April 2007, before which they need to have a signed credit agreement unless it was taken out on-line. However, they are still supposed to have taken proper action to ensure the identity of the creditor.

Strictly speaking they do not have to send you a copy of the signed agreement as long as they have it. But if you do not pay and it then comes to light that they had the agreement but had refused to supply a copy when you disputed the debt, a judge would take a very dim view of the proceedings.