Lost credit agreement, do I need to sign another?

badlydrawngirl

I have been contacted about a lost credit agreement. The company concerned have lost it AND my direct debit instructions stating they have never received them. I have proof of receipt by the way of a fax receipt and the word of the person with whom I set up the agreement.
I have a copy of both which I have offered to send, but they want me to sign a new one.

Why won't they accept the copy I already have?

and

Can they force me to sign a new one?

They way this company have handled this so far has really rubbed me up the wrong way. The accusatory tone, the many phone calls (despite me saying to contact me by email only) and snotty attitude of the little madam demanding a new copy so I am not going to give them a new copy UNLESS I absolutely, positively have no choice.

Any advice gratefully received, thanks.

unholyangel

Quite frankly if thats how they act when dealing with a mistake THEY have made, i'd be worried about how they would deal with any mistakes not made by them.

I assume you requested the credit? I can't give you a legally definitive answer i'm afraid but it was my understanding in order to collect the monies due, they would need a signed agreement.

somethingcorporate

badlydrawngirl wrote: »

I have been contacted about a lost credit agreement. The company concerned have lost it AND my direct debit instructions stating they have never received them. I have proof of receipt by the way of a fax receipt and the word of the person with whom I set up the agreement.
I have a copy of both which I have offered to send, but they want me to sign a new one.

Why won't they accept the copy I already have?

and

Can they force me to sign a new one?

They way this company have handled this so far has really rubbed me up the wrong way. The accusatory tone, the many phone calls (despite me saying to contact me by email only) and snotty attitude of the little madam demanding a new copy so I am not going to give them a new copy UNLESS I absolutely, positively have no choice.

Any advice gratefully received, thanks.

Have you received the benefit of the finance? (i.e. have you got whatever it was taken out for?). Or was it a credit card? Bit more info would be useful if possible.

My understanding is if the company can prove you received the benefit (money dropping into your bank, goods being received etc) then you still owe them the money for it, the financing is only the method by which you pay (unless the finance is the product etc).

If you are hoping to use this as a reason to get free stuff then I'd advise to just sign the form and do away with the years of hassle it will bring you (and your conscience). Life is too short to waste time fighting idiots, give up, give in, send the form and not have to deal with them again!

Good luck.

DVardysShadow

badlydrawngirl wrote: »

Why won't they accept the copy I already have?

and

Can they force me to sign a new one?

In your position, I would just stick with giving them a copy of my copy.

But if you do sign a new one, insist that they provide a letter which acknowledges that the original has been lost. And if they send that, then sign, but endorse it "New copy in place of agreement which has been lost

somethingcorporate

DVardysShadow wrote: »

In your position, I would just stick with giving them a copy of my copy.

But if you do sign a new one, insist that they provide a letter which acknowledges that the original has been lost. And if they send that, then sign, but endorse it "New copy in place of agreement which has been lost

If they cannot even keep account of their own standard contracts and are already being difficult to deal with then getting them to compose such a specific letter is going to be almost impossible to do!

I'd just comply and move on, not worth the aggro with such a company.

DVardysShadow

somethingcorporate wrote: »

If they cannot even keep account of their own standard contracts and are already being difficult to deal with then getting them to compose such a specific letter is going to be almost impossible to do!

I'd just comply and move on, not worth the aggro with such a company.

Seriously? You risk them going after collecting on the agreement twice over. OP has the upper hand really, if they don't acknowledge they have lost the paperwork, then they don't get any more. I would sign again IF they acknowledged the issue in writing, but if they still would not acknowledge, they would get short shrift from me if they still tried to get the agreement signed again.

somethingcorporate

DVardysShadow wrote: »

Seriously? You risk them going after collecting on the agreement twice over. OP has the upper hand really, if they don't acknowledge they have lost the paperwork, then they don't get any more. I would sign again IF they acknowledged the issue in writing, but if they still would not acknowledge, they would get short shrift from me if they still tried to get the agreement signed again.

Seriously? for what benefit? Honestly, life is too short. If they take it twice then you can just stop the payment (assuming it's a DD) and get it back via the small claims if push comes to shove.

Path of least resistance is just sign the agreement and move on, what is the best possible outcome you can see for digging heels in? Just increased aggro.