An interesting one, that i'm not sure how to deal with..:(

redsetter03

Hello all.:wave:
Had a letter arrive at the MiL's last week, addressed to me. She sent it on to my home address.
The letter is from 1st Credit, and has no date on it.
It say's;
Dear redsetter,
Re copy agreement/contract.
We hereby enclose a 'true copy' of the relelvant agreement recently requested.
Please note that 1st Credit is only required to provide you with an agreement which is compliant to the Consumer Credit (cancellation notices and copies of documents) regulations 1983.
Pursuant to these regulations, we are required to provide you with a 'true copy' of the agreement.Specifically i would refer you to regulation 3 (2) which states that the agreement is not required to be an exact replica of the original document but may omit certain information including any signature box, signature, or date of signature. We consider this document fulfils our legal requirement and this debt is now enforcable.

A copy of a credit agreement made at a dixons store was enclosed, signed by me. It is all legible (interestingly, there is ppi on it) and is dated 23rd November 2004.
I remember buying a telly ( £790.00- that's the amount of the debt.), and yes, i got into trouble with the repayments. But i honestly thought i had paid this off.
Today another letter comes, again forwarded by MiL,telling me that HFC are now taking legal proceedings. This letter IS dated. 17/03.
So- a couple of questions.
1.Why have this company sent this correspondence to my parents in law? i have never lived there, and more terrifyingly, they are very upstanding members of their community (local counciller and mayor!)- they can't afford to get embroilled with any scandal of any sort..
2.why have this company not dated their first correspondance- and again, extra worryingly, i haven't asked for the agreement- although they say i have.

Really want to get this sorted asap, as i can't afford for bailiffs to turn up at MiL house, as it says in the letter! Thanks in hope,
Redsetter _pale_ x

RAS

redsetter03 wrote: »

Had a letter arrive at the MiL's last week, addressed to me. She sent it on to my home address.
The letter is from 1st Credit, and has no date on it.


It say's;
Dear redsetter,
Re copy agreement/contract.
We hereby enclose a 'true copy' of the relelvant agreement recently requested.
Please note that 1st Credit is only required to provide you with an agreement which is compliant to the Consumer Credit (cancellation notices and copies of documents) regulations 1983.
Pursuant to these regulations, we are required to provide you with a 'true copy' of the agreement.Specifically i would refer you to regulation 3 (2) which states that the agreement is not required to be an exact replica of the original document but may omit certain information including any signature box, signature, or date of signature. We consider this document fulfils our legal requirement and this debt is now enforcable.

A copy of a credit agreement made at a dixons store was enclosed, signed by me. It is all legible (interestingly, there is ppi on it) and is dated 23rd November 2004.

Start by getting a copy of your credit record.

redsetter03 wrote: »

I remember buying a telly ( £790.00- that's the amount of the debt.), and yes, i got into trouble with the repayments. But i honestly thought i had paid this off.
Today another letter comes, again forwarded by MiL,telling me that HFC are now taking legal proceedings. This letter IS dated. 17/03.

redsetter03 wrote: »

So- a couple of questions.
1.Why have this company sent this correspondence to my parents in law? i have never lived there, and more terrifyingly, they are very upstanding members of their community (local counciller and mayor!)- they can't afford to get embroilled with any scandal of any sort..

They are not embroiled in any scandal at all, so stop worrying. That is what Crapquest want to happen.

When you check your credit record see if there is any link to MIL's Address. Did OH and you get a card together when OH lived there? Or are you and OH linked by more recent accounts and OH has an earlier link to MIL's address?

If either of these are the case, Crapquest are not breaking the DPA strictly (because the letter is addressed to you not MIL) but are flying close to the wind.

redsetter03 wrote: »

2.why have this company not dated their first correspondance- and again, extra worryingly, i haven't asked for the agreement- although they say i have.

Crapquest have been in trouble with the OFT for a number of things, Sounds like this might be a new tactic. Do not respond quickly, as this debt will become statute barred at some time soonish by the sounds of it but a leter now would make you liable for the next 6 years.

redsetter03 wrote: »

Really want to get this sorted asap, as i can't afford for bailiffs to turn up at MiL house, as it says in the letter! Thanks in hope,
Redsetter _pale_ x

They cant and wont.

I bet it refers to lots of things that MAY happen and may is the operative word.

redsetter03

thanks for this, RAS- it does say they 'now intend to take legal action' though. the word 'may' is only used once, and that is in the sentence that follows the one above-'if successful, it may result in...'
I'm worried they will start proceedings before i have a chance to find out wether i'm still liable for this (

redsetter03

and are capquest and first credit the same company?

RAS

redsetter03 wrote: »

and are capquest and first credit the same company?

Sorry

me being thick. Just wo of our favourite creditors who have both been boolocked by the OFT.

it all depends on "if successful". with any luck....

Start by checking your credit record. Then consider send out a Subject Access Request but make sure that you have the sentence "I do not acknowledge any debt to your company or any company related to them" at the beginning.