Scotcall>Capquest>Lowell demands

sizle

sourcrates wrote: »

Are you positive there was no outstanding balance on the account ? did anyone else have access to this account ?, if it was me I`d be interested to know where the goods they say you owe money for were delivered to, if you genuinely know nothing about it then, if it was me, I would want answers to these questions, as the defaults registered for non payment will be hurting your credit for sure !!

As far as I know the balance should have been cleared before the house fire. I am beginning to wonder if the new occupants of the flat may have used the account as I did not use it after the house fire.

Any advice on how to move forward?

sizle

I just got another letter stating:

Your original creditor has provided us with the attached reconstituted copy of the credit agreement you entered into with them, which confirm you would have signed prior to the granting of credit to you. We are not oblige to send you an exact copy of your sign agreement.

WeWe are now entitled to receive payment of the outstanding figure from you neither Next nor ourselves are aware of any reason for non-payment.

Within 7 days of this letter make payments or contact us, or we will reserve the right to instruct our solicitors to issue legal proceedings against you without further notice. failing

Are these guys going to start banging down on my doors, I'm beginning to get worried now, can someone please advise me, it beginning to have an mental effect on me!

Tixy

So the credit account is an account of yours but you didn't think there was a balance on it? Does the copy credit agreement have you correct details on it?

I would write back to say again you are unaware of any outstanding debt and ask that they provide a full breakdown of the alleged debt detailing the transactions making up the outstanding balance they claim is owed.

The copy statements they sent - you say they don't have you correct details - what was incorrect? (address? name?)

happy_bunny_2

Reconstituted agreements usually mean they don't have the original.

Are all the details correct?

Do you recognise the account as yours?

When does it say the account was taken out? Is it correct?

I reserve the right to take you to court if I know your name and where you live...doesn't mean it's going to get me any money

Cheers

HB

sizle

Thanks for all your responses, I really appreciate your support in this.

The last letter I got had a credit agreement attached with my current address which is different from the addresses on statements attached to the letter previously.

The credit agreement is not signed and is dated July 2002 when I first took out the account. The details on the statement appear to be fine besides the outstanding balance.

Are they obliged to send an exact copy of the signed agreement?

Should I write back to them for a breakdown of the alleged debt as this will show the dates of the transactions that will highlight the fact these must have happened after the house fire?

Would a statue barred or unfair practice template letter be appropriate or shall I ignore?

[Deleted User]

sizle wrote: »

Are they obliged to send an exact copy of the signed agreement?

Give the date of the CCA, yes.

A reconstituted CCA is not sufficient.

happy_bunny_2

sizle wrote: »

Thanks for all your responses, I really appreciate your support in this.

The last letter I got had a credit agreement attached with my current address which is different from the addresses on statements attached to the letter previously.

The credit agreement is not signed and is dated July 2002 when I first took out the account. The details on the statement appear to be fine besides the outstanding balance.

Are they obliged to send an exact copy of the signed agreement?

Should I write back to them for a breakdown of the alleged debt as this will show the dates of the transactions that will highlight the fact these must have happened after the house fire?

Would a statue barred or unfair practice template letter be appropriate or shall I ignore?

The credit agreement should be an exact replica. I.e your address when taken out etc. that's only to satisfy a CCA request. Not enough to get a CCJ. Doesn't need to be signed.

[Deleted User]

happy_bunny wrote: »

Doesn't need to be signed.

I think you will find it does need to be signed, given it was taken out pre-2007.

happy_bunny_2

Bedsit_Bob wrote: »

I think you will find it does need to be signed, given it was taken out pre-2007.

Not in response to a CCA request. They can reconstitute these even for Pre April 2007 debts. The reconstituted one doesn't need to be signed.

Doing so is usually a big clue that the original is nowhere to be found.

They need the signed original to get a CCJ, the reconstituted one is not enough on pre 2007 accounts.

sizle

Thanks for you responses bunny and Bob.

So am I right in saying the the CCA needs to be signed as it was taken out 15/7/2002 for it to be enforced?

Just had a threatening letter stating:

We regret to inform you that despite previous correspondence regarding your account we have not received a payment or a valid reason for non-payment.

Failure to respond to this notice may result in further action been taken to recover the mines owed by you.

We urge you to call one of our advisors to prevent action being taken, please call......

Should I email/write to them to tell them to leave me alone?