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Letters Sent To Me

Hello everyone,

I need some help on locating a letter to say I dont acknolodge (sp?) a debt. On the 06th Sept 2005 i had a letter from a comany called 1St Credit to say i owed them £341.06 for a Tescos Visa card. Ive never had one, so called them to say it wasnt mine. I had a letter back from them to say I have raised a dispute and they would reply in due course should take a month. i have now recieved a letter dated 23/04/07 to say i still owe this. Now i need that letter to say no i dont can some one paste a link for me? Also when i spoke to the man on the phone he told me to send him a copy of my Signiture to prove it wasnt me! Can they do that? :confused:

HELP!!!

CarliJ
To quote my English Teacher:

Your life is like a path of driven snow, be careful how you tread for every mark will show.....
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Comments

  • wyebird
    wyebird Posts: 755 Forumite
    That sounds a bit dodgy! If it was you then you could use a fake signature in any case!
    Ask for a copy of the original credit agreement.
  • CarliJ
    CarliJ Posts: 112 Forumite
    wyebird wrote: »
    That sounds a bit dodgy! If it was you then you could use a fake signature in any case!
    Ask for a copy of the original credit agreement.


    i will but can anyone point me in the template direction for it?:confused:
    To quote my English Teacher:

    Your life is like a path of driven snow, be careful how you tread for every mark will show.....
  • Crown
    Crown Posts: 1,377 Forumite
    Hi CarliJ,

    Here is a template letter (dates need to be edited) that was posted by the user PhatBear in another thread recently. Hope it helps.


    If a debt colecting agency is chasing you send them this:

    I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

    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.

    4. I would also like to point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued

    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 6th February 2006, 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 court claim that is issued.

    Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

    Regarding your threat that a Doorstep Collector will call the owner of this property is denying you or anybody working on your behalf access onto their estate or grounds in relation to this disputed debt, should you or any agent acting for you attempt to gain access to the estate or its grounds, then you will be ignoring your denial of access and the owner of "insert your address", will take legal steps to sue both you and or your agents for trespass, please also note that having a letterbox on the property gives you or anyone working on your behalf neither implied nor expressed rights to enter the properties boundaries, again any instances of trespass WILL lead the property owner to sue both yourselves or any agents working on your behalf

    Yours,
    Official DFW Nerd Club - Member no. 297 - Proud To Be Dealing With My Debts :D
  • CarliJ
    CarliJ Posts: 112 Forumite
    Right, ive just fired off the letter, telling them they have 14 days to comply.Watch this space!

    CarliJ :rolleyes:
    To quote my English Teacher:

    Your life is like a path of driven snow, be careful how you tread for every mark will show.....
  • Crown
    Crown Posts: 1,377 Forumite
    Keep us updated ;)
    Official DFW Nerd Club - Member no. 297 - Proud To Be Dealing With My Debts :D
  • CarliJ
    CarliJ Posts: 112 Forumite
    Right everyone i got in from work yesterday, and guess what, another letter form them completly ignoring me and saying we are going to take you to court blah blah. ITS NOT MY DEBT, ive phoned them, ive written to them. So peeps what do i do now?????? :confused::confused::confused:

    CarliJ
    To quote my English Teacher:

    Your life is like a path of driven snow, be careful how you tread for every mark will show.....
  • dollybird
    dollybird Posts: 95 Forumite
    I know exactly how you feel I have been getting letters sent to my house and they are not even in my name and because of that I have been sending them back not known at this address I have rung them but that was waste of time. Now I have received a card informing this person that that somebody will be calling at my house on the 18th may. Very frustrating. But it is not in my name so they really are wasting there time and I certainly will not be answering the door.
  • RAS
    RAS Posts: 34,477 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    How nice do you want to be. Legally they have 14 days, but I think there is an assumption that it is 14 from delivery, not posting.

    Did you send the letter recorded delivery? If so wait until 14 days from when they signed and report them.

    If not, send another letter reminding them that they are breaking the law, recorded delivery, enclosing a copy of your first letter. Any further antics, report them
    If you've have not made a mistake, you've made nothing
  • chevalier
    chevalier Posts: 7,937 Forumite
    Part of the Furniture Combo Breaker
    I would almost let you take them to court. And go a long with your passport. And a copy of your credit file, to show that you never had this debt. But RAS's suggestion is better!
    chev
    I want a job that is less than an hour driving away from my house! Are you listening universe?
  • dollybird wrote: »
    I know exactly how you feel I have been getting letters sent to my house and they are not even in my name and because of that I have been sending them back not known at this address I have rung them but that was waste of time. Now I have received a card informing this person that that somebody will be calling at my house on the 18th may. Very frustrating. But it is not in my name so they really are wasting there time and I certainly will not be answering the door.

    I also recieved a card thru our door after returning goodness knows how many letters addressed to a previous tenant at our house. I sent them the card back with a letter attached saying that if they wanted to enter my house, they would have to contact my landlord and bring the police with them. They must have tought I was a crack-pot because they never turned up!

    I agree with Chev, let them take you to court if that's what they want....
    'We are all in the gutter, but some of us are looking at the stars' - Oscar Wilde
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