Do debt collectors charge interest?

GeorgeUK

Just because you admit the debt is owed does not mean they are elgally entitled to enforce the debt. If it was taken out before 6th April 2007 then the credit agreement must have certain terms on it as well as be signed for it to be enforcable.

Re the interest question - i thought it depended on what was stated on the original agreement and T&C's. Some allow a 3rd party to charge interest, while others never stated this.

fuzzgun19

Thankyou.
So do you think it would be worth asking for a signed credit agreement?

What happens if they then provide one?

GeorgeUK

If they provide one and the required terms are there, then the debt is enforcable. This just puts you back to where you are now.

This should explain a little of the process.
http://forums.moneysavingexpert.com/showthread.html?p=20872167&highlight=#post20872167

fuzzgun19

And what would happen if they did not provide one, or doesn't have the 'certain t&cs', it was not signed?

If I do ask for a signed credit agreement, should I still put in the following sentence (as it would not be true)?

"I do not acknowledge any debt to your company."

fuzzgun19

I've had a letter this morning stating that they don't believe they are harassing us with phone calls (had about 4 phone calls yesterday evening alone).

They have not mentioned anything about the credit agreement I requested (unless that will come separately?).

GeorgeUK

Did you make the CCA request (and enclose £1 fee payment)?

If they are unable to provide a copy of the credit agreement, the debt is unenforcable (although some DCA's make reproductions based on data they hold as they don't need to supply a signed copy).

If the credit agreement doesn't have all the prescribed terms, then it is unenforcable.

The sentence "I do not acknowledge any debt to your company" is basically so that they can't say this correspondence shows you are agreeing that you owe the debt. You used to be able to put "without prejudice" on a letter which would ensure you did not lose any rights and it could not be admitted to court. This is no longer the case.

As you have sent them a letter stating that you only wish to receive written communication from them, if they continue to phone, make complaints to OFT, TS and OFCOM.

fuzzgun19

Thanks George, yes I enclosed the £1 cheque, and sent the CCA request in the same envelope as the 'only in writing' letter.

Although the RoyalMail site is not showing as the letter was delivered

I'll wait for the 14 days, then is there a second letter I can send if they do not send the CCA?

GeorgeUK

Yup, there's the 12+2 day letter you can send after their time is up.

You sent a cheque?
Did this have your signature on it?

It's usually advised not to give them a copy of your signature.

fuzzgun19

Yes, it had my signature on it.. so did the letters I have sent to them.

Edit: When I took out this Adams card in about 1999-2000, I wasn't married, so the credit agreement would have been signed in my maiden name.
Is this what you mean... they could 'copy' my signature from the letter onto the CA?

bigbum_2

fuzzgun19 wrote: »

Yes, it had my signature on it.. so did the letters I have sent to them.

Edit: When I took out this Adams card in about 1999-2000, I wasn't married, so the credit agreement would have been signed in my maiden name.
Is this what you mean... they could 'copy' my signature from the letter onto the CA?

Hey Fuzzgun, glad to see your making some headway with this.

In anwer to your question, yes apparantly some of the more unscrupulous DCA have been known to forge siggys onto documents. The advice on this site is to 'print' your name on written correspondence rather than 'sign' it, just to be on the safe side.

Don't mean to put the wind up you, but i'm sure the guys you're dealing with, won't resort to such underhand tactics.

Hope you get things resolved soon.

bigbum x