Debt collection agency

sourcrates

jesmin45 wrote: »

What would they do if they had my signature? Surely not forge it on a new credit agreement?

Some DCA's will do anything in order to get paid, that's why 90% of the time they try to phone you, or text you, because they can say anything to you, on the phone, that can't be substanciated, same goes for credit agreements, they can copy and paste anything to send to you, it only needs to be substanciated if it goes before a court.

That's why any dealings with DCA's should be in writing only, they can't lie to you in a letter, as you would have written proof of it.

welcome to the world of debt collection !!!!!

jesmin45

Well I did everything you said and its been 6 weeks now and I have heard nothing back from them, what next .......

sourcrates

jesmin45 wrote: »

Well I did everything you said and its been 6 weeks now and I have heard nothing back from them, what next .......

Hi, Jesmin,


Ok, you should send a reminder to them, along the lines of :


Dear Mr Debt collector,


Account number : xxx xxx xxx


On (date) I sent you a request for a copy of my original credit agreement for the above account.
The consumer credit act 1978, allows 12+2 days for compliance with this request, six weeks have passed, and I am still to have a reply to my letter.

As you are aware, this account is now unenforceable in court, until such time my request is complied with.

Please confirm if you actually hold a valid credit agreement for this account, and if so, supply a copy, as previously requested.

If you don't, hold a valid credit agreement, then please also confirm this in writing.


I look forward to your cooperation in this matter.


Jesmin45.


Send this to the compliance manager at the DCA by recorded delivery.
Under the above act, your account is now unenforceable, until they do supply the copy of the agreement, however long that might be, its a full defence to any court claim they may attempt to make.


If they never respond to you, your account remains unenforceable, its that simple, you can cease all payments if you wish, until they do comply.

DandelionPatrol

sourcrates wrote: »

Hi, Jesmin,


Ok, you should send a reminder to them, along the lines of :


Dear Mr Debt collector,


Account number : xxx xxx xxx


On (date) I sent you a request for a copy of my original credit agreement for the above account.
The consumer credit act 1978, allows 12+2 days for compliance with this request, six weeks have passed, and I am still to have a reply to my letter.

As you are aware, this account is now unenforceable in court, until such time my request is complied with.

[STRIKE]Please confirm if you actually hold a valid credit agreement for this account, and if so, supply a copy, as previously requested.

If you don't, hold a valid credit agreement, then please also confirm this in writing.


I look forward to your cooperation in this matter.
[/STRIKE]

Jesmin45.


Send this to the compliance manager at the DCA by recorded delivery.
Under the above act, your account is now unenforceable, until they do supply the copy of the agreement, however long that might be, its a full defence to any court claim they may attempt to make.


If they never respond to you, your account remains unenforceable, its that simple, you can cease all payments if you wish, until they do comply.

"My working assumption is now that you are unable to produce a Consumer Credit Agreement and payment is now suspended until such time as you produce the necessary documentation"

OP has asked them once, which is enough.

jesmin45

Thanks guys will send tomorrow, recorded! Will keep you posted,

jesmin45

Well I sent the reminder and still nothing ....... I was thinking of giving them a figure to settle once and for all, but not sure how much?

poppasmurf_bewdley

jesmin45 wrote: »

Well I sent the reminder and still nothing ....... I was thinking of giving them a figure to settle once and for all, but not sure how much?

It looks like you're in the clear then.

You can certainly stop paying them anything, and see what happens next. Certainly don't offer them anything.

jesmin45

my worry is if i stop paying could it affect my credit rating again

poppasmurf_bewdley

jesmin45 wrote: »

my worry is if i stop paying could it affect my credit rating again

No it can't. Once the debt has been defaulted, it can't be defaulted again, so will not appear on your credit file. And they can't take you to court because they haven't complied with your CCA request.

sourcrates

Looks like they don't have your paperwork, keep copies of your letters to them so you have proof of your CCA request, it's not unheard of for them to sell the debt on, and you would then have to send copies to any future DCA who contacted you.