Settling old debts

jones_guitar

One of the creditors does not have a credit agreement, but did email me the Notice of Assignment?

stu12345_2

notice of assignment means they own the debt, it doesn't mean they have all the paperwork that came with the debt when they bought it.

and that is why folk write cca requests , cos when a company buys debts in bulk, they don't get all the associated paperwork eg cca that came with the debt

no credit agreement means can't be chased legally in a court.

have a look at the post I did this morning.

no cca agreement, don't pay

jones_guitar

Can you contact the Financial Ombudsman Service if they are threatening a little?

sourcrates

jones_guitar said:

Can you contact the Financial Ombudsman Service if they are threatening a little?

A little what??? lol

The FOS are the statutory complaints handler for the consumer finance industry.

But, you can only involve them once you have exhausted the complaints process of the company in question, so No is the answer you are looking for.

jones_guitar

They emailed me asking what makes.me think it isn't enforceable, although they said there is no credit agreement due to the age. They also said they would reinstate a callable number, if I refused to cooperate.

RAS

Do not engage in email conversations with them.

Write again, telling them to remove your phone number and email addresses from their database, and to only communicate in writing. Quote the General Dara Protection Regulations, which allow you to choose your preferred means of communication. Send the letter by mail not, email.

Mean-time save these emails in case you want to make a formal complaint later. 

And make sure you open the mail.

jones_guitar

I could sumerise the email correspondence in the letter? I def. sound like I know what I am talking about so far.

sourcrates

jones_guitar said:

They emailed me asking what makes.me think it isn't enforceable, although they said there is no credit agreement due to the age. They also said they would reinstate a callable number, if I refused to cooperate.

Lets get all our ducks in a row shall we.

You should never engage with debt collectors/debt purchasing companies in idle chatter, they will attempt to wear you down by asking silly questions and making idle threats that they have no intention of following through with.

Lets look at the facts here, you made a request under section 77 consumer credit act, for a copy of your original credit agreement pertaining to the debt this company were chasing you for.

They say they are unable to comply due to the age of the account, the penalty for non compliance is dealt with under sec 4(a) CCA 1974:

"(4)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"

That is your reason, they failed to comply with sec 77, and the penalty for that is clearly stated.

You can put this in a simple letter to them, I don`t like email, a letter is official, legally binding, and more professional, stick to the facts, mention GDPR as well, and then leave it alone, don`t engage further. 

ManyWays

Which lender or debt collector is this that says they cannot produce the agreement because of the age of the debt? 

jones_guitar

Cabot - used to be NatWest.