Credit agreement is all wrong...

simplesimon2016

Hi first time poster long time lurcker....

Long story short.

I have been asking and asking for a copy of a credit agreement i am supposedly meant to owe.

It was a payday loan.

The only way to get a payday loan with this company was to enter the store and provide the information and get the cash. This store close Mid 2013 completely vanished. About 3 weeks ago i was contacted by a debt collection agency asking me to pay this. So I requested a copy of the credit agreement.

The Credit agreement they have sent me is all wrong. The date it states I took a loan out was 14/3/2014 almost a year after the store closed.

They then said the account the funds were paid into.... This store paid in cash only no direct deposits.

I have told them it is all wrong that the store was closed so it was physically impossible to take a loan out when A/ there was no store B/ I did not take anything out in 2014....

She was not having any of it.

How can I get the proof that A- there was no store at the time it was meant to have been taken out and B/ that this is all wrong?


Quick edit : I have checked the date it was a Friday on the 14th 2014 - I would have been working all day 9-5 and can get this proof from work.
Thank you .

andyfromotley

Now normally you ask for a CCA and they either do or dont supply one. No CCA - unenforcable debt!

However you are in a slightly different situation in that they have produced an incorrect one.

I'm not sure what your course of action should be bit i would tackle it something like this.

1. Secure the evidence that you were at work on this day. (i wouldnt be in any rush to let the company know that i was in possession of this or you may find that the date magically changes.

2. Write to the company telling them that you refuse to acknowledge the debt and the reasons why. Explain that you wisj to make a formal complaint and that you intend to escalate the complaint to the FOS unless it is resolved to your satisfaction. Give em 28 days to do so. Send by recorded delivery,

3.Complain to financial ombudsman at the end if 28 days.

4. Ignore every phone call. Ignore every letter unless it is dealing directly with your complaint (rather than just chasing you for the debt!)

I think this should provide a reasonable plan to progress the matter. It may be worth phoning Stepchange or National Debt line just to double check their advice. Good luck.

simplesimon2016

Oh also this Credit agreement was not signed either by me or the company.

sourcrates

So you did have a loan with this company, and the DCA has sent you a reconstituted version of your credit agreement.

They are entitled to send you a reconstituted version, made up from information held on there files, there is no requirement for a signiture.

However if the company have gone bust, it begs the question where did the credit agreement come from ?

Sounds like a cobbled together effort from the debt collection agency to me.
It would be no use taking this to the FOS as they don't deal with issues regarding enforceability of credit agreements.

You could write back and argue the copy agreement was non compliant because of the glaring errors, stay off the phone to them from now on, deal in writing only.

ReadingTim

So did you borrow any money from this outfit or not?

If you didn't then it's either mistaken identity (DCA written to the wrong 'John Smith', 'Fred Jones' etc) or you've been the victim of identity fraud, and someone's taken a PDL in your name. The later could be pretty serious, while the former should be taken care with some sort of 'prove it letter'.

Or do you mean to say that actually, yes, you did borrow money from this outfit, but are looking for technicalities which mean you don't have to pay it back?

simplesimon2016

The last time I used the company was in 2012. And all was paid back. Then out the blue this pops up.

Lemonsqueezer78

If they want to try and send you a reconstituted agreement showing a loan was made and paid in to your bank, then I'd request a copy of my bank statement for that period, that proves this loan was never made.