Oh Dear more help needed please

AMBERSHADOW

Sent a cca off to a compnay that were dealing with a debt they said we had to request from the company who's debt it was again..

Did this and had letter today saying

quote " for the avoidence of doubt the agreement is still fully enforcable and we do not accept this account to be indispute"

They will send the credit aggreement but say the account is not in dispute since we sent the dispute letter..

They are also saying that if the account if unenforcable they can still eforce it by demanding money and taking proceedings against us..

But till now no credit agreement has been sent and it's well over 2 months since last letter from us was sent


Any advice please:D


Happy New year to all

fermi

They can demand money if they like, but they know that without any agreement then they could well lose if they were daft enough to take it to court while they don't have a genuine copy of the agreement.

Enforcement by asking for payment or recording data with the CRAs is a lot different to the court enforcing it. Technically, they can even start court proceeding, but they know that without the CCA there is a good chance they would fail.

They know the difference, but are hoping you don't. :rolleyes:

AMBERSHADOW

Thank you Fermi#

Is there a letter I can send ? with that sort of wording? as I know as well as you dol that if they had had the aggreement it would have been sent

I want them to know I am not stupid and know all the rights LOL

AMBERSHADOW

anyone please?

computershack

In the last two weeks, a High Court ruling meant that the lender did not need to provide a true copy but could supply a constituted one, meaning one that contained the terms and conditions of the agreement at the time. It also does not need to be signed.

fermi

I don't know of any particular example letter for that.

Many people would say to just ignore them, as they really know the score.

If you really want to write back, I suppose you could state that:

- Despite their claims, the account remains in dispute.
- Any attempts at enforcement through the courts will be defended, and you will require them to produce an original SIGNED copy of the agreement to support any such claim.

As said, those are the basic facts and they know it.

fermi

computershack wrote: »

In the last two weeks, a High Court ruling meant that the lender did not need to provide a true copy but could supply a constituted one, meaning one that contained the terms and conditions of the agreement at the time. It also does not need to be signed.

It does if they take it to court, which is what is being threatened here.

AMBERSHADOW

Thanks fermi

Will let you know