Debt Missing from Credit Report

kerluc

Thanks for your reply fatbelly. I very much appreciate your advice and have cancelled my token payments and will now wait and see what happens with the companies that aren’t showing on my credit report.
I have read somewhere in the forum that some people have challenged Cabot and Hillsden regarding the validity of their having the debt and challenging them to provide proof of the debt. Do you think there would be any mileage in doing this. I’ve found some letters on the site and wondered if something like this would be OK to send to them.

‘Following a recent check of my Credit Report I note that you have filed a default against me. I do not acknowledge ANY debt to your company and I require you to supply the following documentation in order that I can assess the validity of your claim prior to taking any further action.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by 1 June 2007, I will have no hesitation in passing your details to the Office of Fair Trading.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any claim that is issued.’

I do suspect that some of the quoted legislation might be out of date as the original letter is quite old and maybe not even exist anymore.
Sorry to keep asking for help but I really want to get this sorted sooner rather than later and the help and guidance received from everyone here is amazing, there are so many people with invaluable experience.
Many thanks