Debt Collectors!!! Now what??????

sportbeth

Slow down! Don't pay them anything and don't call them.

Firstly send them this letter, recorded delivery with a cheque for £1 and give them your current address to prove you're not running from anything:-

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 a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

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.

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.


Some debt buying companies try it on and some are genuine, either way you can at least have a look at the details and decide if you are in your rights to contest it.

Do not speak with them on the phone as they will try and frighten you into payment.

It is your legal right to ask them to demonstrate to you that they have the right to collect on this account and they won't be upset at you for doing it. If anything it means that you know what you are doing and they will know they can't mess you around.

Then come back here and tell us what the response is.

Gareth83

but i've just paid it today by my credit card?????

i'll be getting the money back off one of the ex house mates so I personally wont be out of pocket.

It's just the principle, they tried saying I was contracted despite me evn phoning to say i was leaving blah de blah

climbgirl

Did you cancel the contract in writing or just over the phone? Most companies require it to be in writing.

Continued payment is also considered to be a continuation of the contract under the same terms and conditions in a lot of cases - it doesn't matter what you may have told them over the phone 6 months earlier. If they don't have it in writing and the payments keep coming (whether they're from you or other people, doesn't make any difference to the company), then the contract is seen to still be valid.

Gareth83

yeah i understand that, but i assumed from my phone call that the contract would end at the end of the 12mth period.

if they needed it in writing they should have advised me so

i was in oz for a year so i'm not gonna carry all my papers round with me. and seen as i was never going to return to that address and had already cancelled my DD I would have thought they could have written £32 off as a goodwill gesture.

But no!! telewest suck