Copy of signed credit agreement

jonnyboy35

As expected,i've received another letter from bcw this morning stating that i have fallen into arrears and my account is being assessed by their business support solicitors.Enforcement proceedings will commence once the evaluation is complete.Methods of recovery include attachment of earnings and asset investigation.They say they will consider a voluntary arrangement for a further 7 days from the date of the letter*dated 10/10)and to call them.
Starting to feel the pressure from them now.Are you all 100% sure i can fight this,from the information i have given you?I'm really afraid i havn't got a chance against them and am making it a whole lot worse and should just continue paying them to stop this "enforcement proceedings".They've admitted on the telephone they havn't got a csa but surely they won't just drop this just from the letter i've sent them,after all this time?

jonnyboy35

Weller- i didn't send the letter recorded,but they admitted on the phone they received it.Should i send another copy when i send the recorded letter you advised me to send so that they can't get out of saying they never received it,even though they admitted to me they have.

moonlightpjs

Hi Jonny
Thanks for your PM - I am so sorry you feel so bad about this but there really is nothing they can do at all without a copy of a true, signed, executed CCA and you are completely within your rights to request it as you have done, the CCA letter you sent should have also included a request for statements which would then show the breakdown of all the costs.

They can say all they want about them just being a DCA and they can threaten that they will take various action but they KNOW that they cannot as the account is now in disupte, as per your CCA request. They are chasing the debt and to be able to enforce it they have to have the original documents from the original creditor or a deed of assignement proving that they are legally able to chase the debt. If they only have a deed of assignement then it is up to them to request the original CCA from the creditor.

Legally, they haven't got a leg to stand on until they provide the "alleged" CCA and they know it which is why they are now trying to scare and bully you into making some sort of payment - such is the world of DCA's :mad:

Like I said before, if they did take it to court you would receive a letter from the Court (and I'm guessing it would Northampton County Court) stating that BCW had issued a claim against you - you then would have the chance to respond and your response is that the account is in dispute, a total defence - a judge would through it out of court and fine them £400 for taking it to court. Obviously they dont want this to happen so like I said, highly unlikely they will do this.

They cannot get an "Attachement of Earnings" or anything similar without going through the courts so again, just scare tactics. As for assett investigation - again a load of sh*t - to do this they would need a baliff to visit and a baliff cannot visit unless the court have issued a CCJ and you haven't paid and you are not going to get a CCJ for a debt that cannot be proven if that makes sense.

If you really are still concerned, then just wait until the 12+2 days have passed and get in touch with your local trading standards office and tell them you are been threatened and such like and explain what you have done etc re: CCA request- they will help you. Make sure you keep copies of all letters you have sent them and the letters they have sent you and also, keep notes of all phonecalls if any and if they call, tell them the call is being recorded!!!!
Though personally I wouldn't answer their calls as it is just frightening you.

Business support solictiors - my a*se (sorry - they will just be another arm of the DCA and by saying they are solicitors they are again committing an offence ).

I am 100% sure you can fight this. Like I said before - I have no money but I would bet a very large sum that we can get you through this, so try not to worry, easier said than done I know, but you will get there in the end. You have the law on your side and unfortunatly the majority of DCA's do not adhere to the law :mad:

And they will drop it eventually as when the 12+2+30 days has passed and they haven't provided you with a CCA - then we go ahead and report them to the relavant bodies and hey presto they get fined £3000 plus and get a black mark against their credit license.

I'm only a PM away so dont hesiate to contact me should you need to, I dont mind one little bit

Hope this sets your mind at rest xxxx

uncle_pablo

HI,

Just to add my experience. In June, Thames Credit tried to make me pay a £1,100 barclaycard debt. I sent the first letter asking for a CCA, they replied asking me to supply all my previous address. Needless to say I didn’t, as the onus is on them to supply me with information.

My 12+2+30 Days are up tomorrow (16 October 2007). I am 100% confident after some first class advice on this forum that they will never get a penny out of me. I was dubious at first about taking them (on was going through a remortgage at the time and didn’t want anything nasty added to my credit file etc) but so glad I did it now. Will let you know if anything turns up the post tomorrow. Don’t give into these monkeys.

Pablo

rog2

uncle_pablo wrote: »

HI,

Just to add my experience. In June, Thames Credit tried to make me pay a £1,100 barclaycard debt. I sent the first letter asking for a CCA, they replied asking me to supply all my previous address. Needless to say I didn’t, as the onus is on them to supply me with information.

My 12+2+30 Days are up tomorrow (16 October 2007). I am 100% confident after some first class advice on this forum that they will never get a penny out of me. I was dubious at first about taking them (on was going through a remortgage at the time and didn’t want anything nasty added to my credit file etc) but so glad I did it now. Will let you know if anything turns up the post tomorrow. Don’t give into these monkeys.

Pablo

Hope it goes well for you, too, up.

jonnyboy35

Surprise,surpise i received another letter this morning from BCW saying exactly the same as the last one.This only really confirms now what they admitted to me on the phone,that they have no cca as one doesn't exist with them,otherwise surely by now they'd of sent me a copy just to get me to pay.Looking forward to sending my recored letter of 14+ days now,then its countdown to 30 more days for times up.

uncle_pablo

jonnyboy35 wrote: »

Surprise,surpise i received another letter this morning from BCW saying exactly the same as the last one.This only really confirms now what they admitted to me on the phone,that they have no cca as one doesn't exist with them,otherwise surely by now they'd of sent me a copy just to get me to pay.Looking forward to sending my recored letter of 14+ days now,then its countdown to 30 more days for times up.

HI,
If they have written to you confirming that they have no CCA - then I would be tempted to send the final letter to them to "get stuffed" now rather than wait the full 12+2+30. Maybe someone with a bit more experience can shed some light.
Good Luck,
Pablo

jonnyboy35

Pablo - Three different people admitted to me from BCW they didn't have a cca,but that was on the telephone,not in writing.So i'm sending off my recorded letter to them in the morning.We'll see what happens from there.I'm expecting to recieve many many more letters in the run up to the next 30 days,but after that,without the CCA,they can't do a thing.The letters are just repeats of what they've previously said to me though.Still no mention of the CCA,just churned out computer generated letters.
By the way,how did you get on,as your 30 days were up today?

uncle_pablo

jonnyboy35 wrote: »

Pablo - Three different people admitted to me from BCW they didn't have a cca,but that was on the telephone,not in writing.So i'm sending off my recorded letter to them in the morning.We'll see what happens from there.I'm expecting to recieve many many more letters in the run up to the next 30 days,but after that,without the CCA,they can't do a thing.The letters are just repeats of what they've previously said to me though.Still no mention of the CCA,just churned out computer generated letters.
By the way,how did you get on,as your 30 days were up today?

HI,
Yep 12+2+30 days were up yesterday - no CCA :rolleyes: .

I'll be sending the second letter today telling them what they can do with the "alleged" debt. This has been such a weight off my mind.

My wife has been expecting our first :j :j child (on October 12th - 4 days late now) and we have had such a busy year getting our home ready so this was the last thing we (and especially my wife) needed to worry about. Thanks again to all those who have given first class advice!!!! if I hear anything more I'll let you guys know.

Good luck JohnnyBoy!!!!!

Pablo

jonnyboy35

Thats excellent news Pablo!!!
Can you post your second letter you'll be sending,so i'll know what to say when the time comes.
I've just sent off a recorded letter to them this morning as we still havn't had a CCA from them and its been 14 days today.I totally agree with you,as we've received first class advice in this forum,so we too thank all for giving it to us.Don't think we'd have gone this far without it.
Hope all goes well for you and good luck!