debt Recovery Agencies

markeymark

so am i reading this correctly if it hasnt been signed its unenforceable?

putty71

markeymark wrote: »

so am i reading this correctly if it hasnt been signed its unenforceable?

Like Mark said, can someone on here clarify what the lack of a signature from both parties means? If I have never signed the origianl agreement ( I think the bit were it says sign here if you want to be bound, etc), does this mean the whole thing is effectively worthless and I can then tell them when they will get paid?

Help please.

Putty

timmmers

Have a good scan through this thead, and ask N I D if you still aren't sure, he's the man on this stuff.

http://forums.moneysavingexpert.com/showthread.html?t=1868507&page=33

The whole thread is long, but worth it....you'll suss it from that point on I think though.

In short, you don't have to pay anything AFAIK...and if you do you start the 6 yrs to static barring again (unless it's already been 6 yrs).

t

putty71

putty71 wrote: »

Hi All

I need some advice please. A month or so ago I sent to all me creditors my CCCS report basically saying that I did not have enough coming in and too much going out. So far the response has been as follows-

B Card - PPI reclaim completed and debt wiped out
Amex - Need to ring them as they have offered help
MBNA - Rand and agreed £10 month for 6 months, then it will be referred to agency. I have PPI claim and charges claim in with them right now so hoepfully this will help
Cap One - Sent form to complete and return
Tesco & Mint - Letter received saying in default and being referred to DR agency.

With all of the above I have a claim in of some sort, but Tesco and Mint have offered no help. Can someone please advise me what I can expect from a DRA? I have thought of ringing tesco and mint, but will a recovery agency treat me fair and allow me to reach a payment agreement? If so what can I expect or what else can I do. If they want the money in full what happens as there is no way I can afford to pay.

I felt confident after the BCard sucess, but this has knocked me and I am now worried, struggling to sleep, the usaul through my own ignorance.

Please help.

Putty

Hi again

Just to move this on, Tesco and Mint both sent me letters today confirming that they will freeze interest on my account, accept £10 month for 6 months but a default will be issued. Can I have some help please as to what will happen after 6 months and how I can move the default? Again I assume a non binding CCA will allow me to shift it, but if it stays, I guess this means no credit anywhere????? Is this correct?

Thanks
Putty

putty71

timmmers wrote: »

Have a good scan through this thead, and ask N I D if you still aren't sure, he's the man on this stuff.

http://forums.moneysavingexpert.com/showthread.html?t=1868507&page=33

The whole thread is long, but worth it....you'll suss it from that point on I think though.

In short, you don't have to pay anything AFAIK...and if you do you start the 6 yrs to static barring again (unless it's already been 6 yrs).

t

Thanks for that but AFAIK- what's that mean?

katsu

AFAIK = As Far As I Know.

raven_r

raven_r wrote: »

I have just got a letter from cabot who have just taken over a capital one card debt - I requested CCA from them and they have written as follows:
'thank you for your request for information under the consumer credit act 1974. cabot financial does not have this information on file. however we have requested the relevant informationunder section 77 and/or section 78 of the consumer credit act 1974 from the original lender.

please be advised, we do not accept the statutory fee required under section 77 and/or 78 of the consumer credit act 1974 and we have returned the fee for £1.00 that you have sent.

we anticipate that we will be able to provide this information within 12 days. in the event that we are unlikely to obtain this information within those time limits, we will write to you again'

My question is: By not accepting the fee are they trying to 'stop the clock ticking' on the request to give themselves more time to find the agreement? If so - will this tactic work? Has anyone else been subject to this sort of response?

All comments/advice gratefully recieved...

And I also would be grateful for any advice on the above - thanks...