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1st Credit And Refund Cheque...

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Hi All,

I have been sorting out old debts from my previous relationship and have received a letter that I have a silly question about.

I sent a CCA request and 1st credit have written back saying they can't provide the information and as a result they have closed the account.

They have of course said that if they can obtain the information they will get in touch.

Anyhow, they have sent me a cheque for the £1.00 I sent as a postal order for the request.

Is it safe to bank the cheque or is there a hidden agenda I am missing?

Call me paranoid but just want to cover all the angles!

Many thanks

AGDCFF

Comments

  • sourcrates
    sourcrates Posts: 31,629 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    AGDCFF wrote: »
    Hi All,

    I have been sorting out old debts from my previous relationship and have received a letter that I have a silly question about.

    I sent a CCA request and 1st credit have written back saying they can't provide the information and as a result they have closed the account.

    They have of course said that if they can obtain the information they will get in touch.

    Anyhow, they have sent me a cheque for the £1.00 I sent as a postal order for the request.

    Is it safe to bank the cheque or is there a hidden agenda I am missing?

    Call me paranoid but just want to cover all the angles!

    Many thanks

    AGDCFF


    Ha ha, no, no hidden agenda.

    In order to enforce any account that falls under the consumer credit act 1978, the creditor has to be able to prove the debt exists, proof is normally in the form of a credit agreement.

    If they cant provide the agreement, or copies of it, then the debt cant be enforced through the courts.

    They have admitted they have no agreement, therefore they cant enforce the debt, therefore you are off the hook, well done !!
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • System
    System Posts: 178,351 Community Admin
    10,000 Posts Photogenic Name Dropper
    sourcrates wrote: »
    Ha ha, no, no hidden agenda.

    In order to enforce any account that falls under the consumer credit act 1978, the creditor has to be able to prove the debt exists, proof is normally in the form of a credit agreement.

    If they cant provide the agreement, or copies of it, then the debt cant be enforced through the courts.

    They have admitted they have no agreement, therefore they cant enforce the debt, therefore you are off the hook, well done !!


    Thanks for the reply :)

    So I am OK to bank the cheque they sent?

    AGDCFF
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • sourcrates
    sourcrates Posts: 31,629 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    agdcff wrote: »
    thanks for the reply :)

    so i am ok to bank the cheque they sent?

    Agdcff

    yup !!!!!!
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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