catalogue debts

magoogy

i wrote and asked my creditors for copies of all signed agreements and sent the £1 cheques - its been about 3 weeks now and only one has cashed a cheque but i havent had any communication of them yet - should be here soon....of the others ive had a letter saying they need to discuss the matter over the phone - surely this isnt right??? any advice on whether i should phone and what i should say?

also - does anyone know the full law on catalogue debts and whether you can still get out of them if you never signed an agreement?

thanks

fermi

They probably want to talk to you by phone because they are not prepared to put what they wish to tell you in writing. This is because they will try to mislead you (lie to you) over your rights and don't want that in writing.

There is some excellent info on catalogue debts on National Debtline here:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=32_catalogue_debts

I'm sure the people on here will also suggest some good follow-up letters that you can write to let the catalogue/creditors know that you will not be messed around.

Again, remember if you do call them, it is not in the catalogue's/creditors best interests for you to know your rights.

spud30

If you do ring them, tell them at the start of the conversation that you are recording the phone call - do it if you can.

I'm sure they will be very careful what they say to you.

moonlightpjs

You are under no obligation to phone them whatsoever - they will probably try and get you to agree a payment of some kind.They probably won't be able to supply a CCA but you have two choices now.

1. You can either ignore them and let it lie - they can't chase you for a debt which they can't provide a CCA for. If it hasn't already been passed on to a DCA then be prepared that they may do this, but, again, CCA them and the process starts again.

2. Or after the 12 working days plus 2 for posting plus 30 calender days you can send the non-compliance letter as below. After the above timescale you can report them to the relevant bodies if you want (as detailed in this letter) They will not take you to court no matter how much they threaten this as they stand to be fined £2500 for not having a true executed CCA - the judge will (if it did go to court) tell them to take a running jump

Heres the letter

I refer to my letter dated {enter date} which was delivered via Recorded Delivery to your offices on {enter delivery date}.

You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

In my letter of the {enter date} I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time {debt agency name} purchased this account, along with any other documents mentioned in the credit agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on {enter date} and {enter date} respectively.

As you are no doubt aware, Section 78(6) states:

If the creditor under an agreement fails to comply with subsection (1) -

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.

Therefore on {enter offence date} this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, i do not acknowledge any debt to {debt agency name}.

I require the following action from {debt agency name} :

1. All payments made to date to {debt agency name} for this account should be refunded in full, including interest at the rate of 8% per annum.

2. Removal of all defaults entered by {debt agency name}. Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force {debt agency name} or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

I look forward to your reply within 14 days to resolve the matter amicably.

---

Obviously it will need ammending if the account is not with a DCA ........

ilovegreatdanes

weller711.....thanks for the post.very good.will keep it for ref.very useful.

magoogy

thanks for all your help all of you - i thought they would be trying to swing it somehow - i am just going to re-send the letter and tell them i will not be phoning them and that all communication has to be via post - i am deaf and do not feel confident on the phone anyway so i prefer post which i explained in my letter to them at the very beginning, they referred to that saying;- i understand you are deaf but we do have a typephone for you to use....???? dont have one so couldnt use it.....

will keep these replies on file for when i receive my next correspondence or dont receive one

thanks for all your help - did at the beginning make the payments but its all the interest and that they add on that kills ...

thanks