debt now written off?

magoogy

i have received a letter from a debt company chasing my ex's debt to littlewoods - they have closed the file and returned it to littlewoods, but, i have been paying them £10 a month for over 2 years now and there is no mention of getting this back

could anyone help me with a template letter asking for the money back please

also;- at no time as it got through to them that im not who it says on the letters - they keep addressing them to the person and expecting me to reply cos it says to;- mr bump/ne mr cross (example) - are they really that thick or playing a game?

thanks

magoogy

please can someone help me regarding this?

very much appreciated....

how do i bump messages?

thanks

hazzie123

Why are you paying it if it`s your ex`s debt? Shouldn`t they be paying it not you,especially if the letters aren`t even addressed to you?

I`m confussed.

magoogy

well - to go right to beginning;-

he bought some items when he was living with me but put them (without my knowledge) in his first name and my last name - when we split i never paid just assuming he was paying the catalogues.....but, i got a letter from national debt recovery asking for the money - at the time i hadnt even heard of this site so was quite worried about having bailiffs at the door, so, i phoned them and explained the situation and was told at the time as the purchases had been made at my address i was responsible for the debt....hence, i made an arrangement to pay £10 a month which i did for about 2years until i came on here and saw this thread...........i posted on here ages ago when i first became aware and got advice as to how to proceed, which i have done - now - i am at the stage where they have said their case is closed and it is being sent back to littlewoods, but, i have already paid about £240 which they say they dont keep records of? i have statements somewhere so will be finding them.........................

now - all i want to know is how i get this money back?

thanks

Kevicho

magoogy wrote: »

i phoned them and explained the situation and was told at the time as the purchases had been made at my address i was responsible for the debt....hence, i made an arrangement to pay £10 a month which i did for about 2years until i came on here and saw this thread...........

I would see the CAB regarding this, as you were quite clearly lied to, that statement is pretty much fraud.
Good going on getting the statements as well, this will prove the total amount they owe you.
I firstly would send them a modified version of the CCA letter, and also stating the fact that you want this money refunding, even if they send a CCA as the person in the signature is a ficticious character, and you are in no way responsible for this.

Also point out that its your exes signature and any legal queries they should take it up with him (you dont have to give his address here either).

I would finally point out that they obtained the money you sent by deceit, which is a criminal act, and you are considering taking this matter further with watchdog and the OFT and any other organisations that deal with this, they may offer you "incentives" to deter you from this course of action.

Anyways good luck.

kev

lynsayjane

I don't claim to be an expert on it but I don't think you an get it back. By agreeing to make payments you have acknowledged the debt as yours and so have no claims to get the money back. I guess the only thing you could maybe do is take your ex to court over it or something of that like. As he used a false name on it it looks like a fraud case to me.

The tale they told about it being your address and so your debt sounds like poo. Debt is person related NOT address related.

RAS

This is Crowns offering wit a few edits.

Since you were defrauded, you have every right to the money back and to compensation of the impact of this on your finances and your distress.

Will be back with the OFT Guidelines here Here we are, RAS:

http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

You need to read these and refer to the relevent items in point 5 of your letter,but on memory - taking advantage of the "debtors" lack of knowledge of the law, misrepresenting their legal powers , re your reponsibility as you lived there, and chasing someone other than the debtor. On the final point, not just chasig someone other than the debtor but deliberately tartgettig someone who they knwo was not responsible for the debt.

You must sent copies of this to the OFT and trading Standards and your MP. Will try and locate the contacts on pipk62's thread.

Hope this helps.

RAS

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

You acknowledge tht you are unable to this request by producing the documents I requested becasue the account was in my ex-partner's name. You are therefore unable to prove 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.

5 - bits re OFT

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.

magoogy

thanks for that letter - will type it out and send it straightaway - thanks for your help...

i couldnt risk stirring anything up with ex by suing him or owt - better that i dont have any contact either direct or indirect now - been sooo quiet the past few years and dont want him coming near again...thanks though....

RAS

Hi

you should be able to block, copy and paste directly.

magoogy

thanks a lot ras - will let you know how i get on

thanks all

magoogy

i have been in the process over the last few months of letters to and fro about this debt since the last posting and then it dried up for a while after i received a letter saying the case had been closed...no mention of any money refunded since it wasnt my debt in the first place (read my first post) - seeing as i thought it was resolved i thought i would leave it rather than fight for the money back (since found out to be about £400 not £200 odd) but;

- i have just suddenly recieved a letter from capquest saying they have bought the debt and they will be sending it through the courts, etc - i am well annoyed it is beginning all over again so;

1 - how do i proceed next - do i have to start allover again telling them its not my debt, etc and ask for cca and money paid back but, all money paid was paid to ndr

2 - as the money was made to ndr - are they a separate debt company - should they pay me the money back? last time i asked for a statement off them they said they dont keep records (er what? right yes of course i beleive em lol)....

so - this seems to be a two way thing - what to do next to capquest and what to do this with ndr about the money paid already?

thanks

a worded letter would be helpful....