No credit agreement

mrsvickibera

Hi All

I received a letter a while back from a Lowell Financial about a debt to Barclaycard. I wasn't sure which debt this was because I used to have a few credit cards (all being paid through churchwood financial). I wrote to them with a template letter asking for a copy of the credit agreement firstly to find out which card it was and secondly just incase i was lucky and they'd lost it!!

My luck was in :beer:because this morning I received a letter to say there was no credit agreement and they wouldn't be contacting me again.

Will this now be written off? and will it be updated on my credit report?

Thanks!
Vicki

fatbelly

They have agreed that the debt is unenforceable. If this is one that you are paying through Churchwood (why not a fee-free dmp?) then you should stop paying.

It's still a debt so could still be on your credit file. Have you checked?

gargrave50

Hi Vicki, Although it would be wonderful if it were written off, sadly its not true. As fatbelly says this purely means that the debt is unenforceable and as such Lowell nor anyone else is permitted to chase you for the debt. Take it off your DMP (can't you move this to a free one?), and redistribute the money you were paying to them to other creditors.

pepe2008

Debt will be there for 6 years, then dies. As it is unenforceable they should NOT contact you in any way about this debt, you definitely should NEVER contact them aout it ever again. Good, well done.

mrsvickibera

Thanks guys. I've asked Churchwood to stop paying it.

I would like to move it to a free one, but I haven't looked into it really, plus it's getting to the end now and alot are paid off. Also in October I should have a lot more spare money to pay off the odds & ends so should have it cleared very soon so I guess I've just thought staying with CW is easier.. silly I know!!

One more question.. I have a £2000 debt with orange - basically they lied to me about call charges abroad but i couldn't get anywhere with them when i complained. I have passed this to churchwood and they receive about £30 a month at the moment. I don't agree that all of this is payable by me, although I do understand some of it is. What I am asking is, if I requested a letter of a credit agreement & they didn't have it, would this work? I am guessing no because I'm not sure if signing up with a contract phone is a credit agreement or not... I definitely remember that I did not sign anything though. Is it worth a try or is it a straight no?

Fire_Fox

Did you receive a copy of the terms and conditions when you got that phone?

mrsvickibera

I am not sure - i received lots of little booklets. I wouldn't have any of these though as this contract is very old.

I definitely never signed anything. I just read online that a mobile phone contract is in fact a credit agreement.

Do you think this is worth a try?

moonlightpjs

Regarding the BarclayCard debt, I am afraid that even though Lowells said they was no credit agreement and they would not be pursuing it, it doesn't mean Barclaycard won't, by means of sending it to another DCA and if that doesn't work, yet another. Whilst if there is indeed no CCA and therefore it is unenforceable, you need to get that in writing from Barclays otherwise they will just pass the debt to other DCA's so you may be as well CCA'ing Barclays direct. Will save you time writing to other DCA's and getting more hassle.

mrsvickibera

Hi Weller

Thank you for your message

Barclaycard actually wrote to my DMP to tell them the debt was finished with and no longer required payment, so I am assuming that is all cleared up now.

moonlightpjs

mrsvickibera wrote: »

Hi Weller

Thank you for your message

Barclaycard actually wrote to my DMP to tell them the debt was finished with and no longer required payment, so I am assuming that is all cleared up now.

My apologies, I misunderstood. Well done!!

joja

Hi there

I work for a mobile phone company myself (although not the one you are having issues with!) and a phone contract is not a credit agreement, your right. Because the monthly payment is not fixed and changes month on month, anything enforceable under the CCA is not applicable unfortunately.

Usually, just using the phone and the airtime is enough to seal the contract unfortunately. If you ordered the contract online, then you would of had to tick to accept the T&C's, and if it was in store, they should of given you a copy - but trying to prove that they didnt is like trying to prove aliens exsist!

If your dispute is over the call charges on a bill following some misadvise, your best bet is to contact them directly, stating your case. If this has no joy, go to Otelo. (I would post the link to the website but i cant as a new user- its normally at the top if you type otelo into google) (they are the telecommunications ombudsman) - they will take on your case and apply to Orange for all of your records and their side of the story and will independantly review it. It can take a while but they may find in your favour and they will tell Orange what to do to resolve this. Orange will have to carry this out under the terms of the agreement with Otelo.

May not work depending on yours and their evidence, but certainly worth a try!

Hope that helps and good luck if you do!

Out of interest, what letter template did you use for the CCA agreement requests?