Prove It Letters - What Next?

DarkConvict

I agree the letter is 'over' complicated, i do not acknowledge this debt, but send me all the legal CCA details you can only send to the account holder. You may be correct, i would say if you want a CCA use NIDs template, if you want proof of the debt then use the prove it letter.

As you have had responses to some description already i would wait it out

never-in-doubt

DarkConvict wrote: »

Heh, it appears me and NID disagree. NID (above) by the way is the expert on the CCA process.

No mate - i've been in pub all day lol..... right now you'll be more accurate than me! haha

I just flashed through that letter and got bored at the lack of formatting and the complexities involved in utilising your right, all you really need to do is say *Under s.78 send me my agreement - here is £1 - thanks, bye*

You know what I mean, its way too complex but yea it is a CCA - probs the DCA got confuzzled - which as we both know, isn't hard :rotfl::rotfl:

Fergie76

Cheers, for the responses.

So, so just to clarify.....

Did I send them a CCA or a Prove it letter? And whatever one it was, it was over complicated for their little brains? But best just to sit it out, as they have acknowledge?

Thanks again.

never-in-doubt

Fergie76 wrote: »

Cheers, for the responses.

So, so just to clarify.....

Did I send them a CCA or a Prove it letter? And whatever one it was, it was over complicated for their little brains? But best just to sit it out, as they have acknowledge?

Thanks again.

I'd suggest you sit tight cos as you say, 2 of them are trying to locate documents and collection letters do get crossed in the post quite a lot as they are bulk processed.

Just wait maybe til a month has passed then send the CCA Reminder letter to them.

Do you dispute owning the debt? If not, forget prove it letters - stick to CCA's, they will be able to prove it easily enough, its whether they have a compliant agreement that you should be thinking about, if I was you.

Fergie76

never-in-doubt wrote: »

I'd suggest you sit tight cos as you say, 2 of them are trying to locate documents and collection letters do get crossed in the post quite a lot as they are bulk processed.

Just wait maybe til a month has passed then send the CCA Reminder letter to them.

Do you dispute owning the debt? If not, forget prove it letters - stick to CCA's, they will be able to prove it easily enough, its whether they have a compliant agreement that you should be thinking about, if I was you.

These debts are actually my wifes.

She is currently unwell and I'm trying to deal with it on her behalf. Yes, she probably does owe the money, but I'm just trying to buy time and stop the letters coming through the door every week.

I'm just wanting make sure that these debts are enforceable, and then I will try and come to an arrangement with them. It will probably be me that ends up paying these.

They are not for very much, between £300 and £500.

What is a complaint agreement? And why should I worry about it?

Thanks.

never-in-doubt

Fergie76 wrote: »

What is a complaint agreement? And why should I worry about it?

Thanks.

Hiya

Sorry you mis read - compliant NOT complaint - i.e. lawful and above board

Its what we determine unenforceability on - but if the debts are small then i'd pay them and wash my hands once and for all........

It can be a lot of hassle for a small amount, really not wise IMO

Best of Luck

Fergie76

Right, I have now had 2 responses for the above letters I sent, they both say the same, here is what they say:

We refer to a recent request for a copy of your agreement.

Unfortunately we are unable to locate a copy of an executed agreement, but for your information we enclose a copy of the current agreement which applied to the type of account. This version includes all contractual variations which have taken place.

According to our records, the account was opened on dd/mm/yyyy. You agreed to make payments every 28 days.

The outstanding balance is currently £480.77. Our records show that £0.00 in payments have been made within the last 12 months.

As the debt remains unsatisfied, this will be noted on our internal file for future reference.

This information will also form part of your records at the Credit Reference Agencies where we share information. This informations will remain on your Credit Reference File for 6 years.

If a third party is acting for you, please pass a copy of this letter to your representative.

I have 2 questions:

1. Are these debts enforceable, as they are not able to provide signed original agreements?

2. If they are enforceable, as they are not for very much, £480.77 and £421.40, what would be a reasonable about amount to offer for full and final settlements? £100 each or is that too low?

Thanks in advance for your help.

Locke

Fergie76 wrote: »

Right, I have now had 2 responses for the above letters I sent, they both say the same, here is what they say:

I have 2 questions:

1. Are these debts enforceable, as they are not able to provide signed original agreements?

2. If they are enforceable, as they are not for very much, £480.77 and £421.40, what would be a reasonable about amount to offer for full and final settlements? £100 each or is that too low?

Thanks in advance for your help.

The debts won't be enforceable until they do come up with the original agreement, they can continue to chase you for the money though.

Send this > Debtors Final Response - No CCA Received

Fergie76

Locke wrote: »

The debts won't be enforceable until they do come up with the original agreement, they can continue to chase you for the money though.

Send this > Debtors Final Response - No CCA Received

Thanks........

never-in-doubt

The Final Response should ONLY be sent once they have sent you a final response offering to refer to the FOS - ergo send this first: CCA Dispute - s.10 Cease & Desist

Regards to the other points, they are unenforceable until such time they send a CCA to you, make no offer, do not speak to them - simply send the template and update us when they respond.