Have I Told Mum The Right Thing?

RAS

Dancingfairy

If anyone turns up at Dubsey's mum's house, she need to call the police because they have no legal rights what so ever.

To get back to the matter in hand, I have raided rog's recent post

Moorcroft are legally obliged to provide full details, including a true copy of the original signed consumer credit agreement, along with the deeds of assignment (showing that they are legally entitled to be pursuing the 'debt') and an up to date statement of account.

Given that it was M&S, the documentation may exist but since she has had the card for years, it is possible it does not.

I would suggest that you request, in writing, a true copy of the original cca, as is your right under the Consumer Credit Act 1974, and without which the original agreement is unenforceable.

A good template letter, to request the CCA, can be found on the following link:

http://forums.moneysavingexpert.com/...95#post7509395

Preface the letter with the words: "I do not acknowledge any debt to your company, or any organisation you claim to represent"

For added security, do not use your normal signature. Send the letter by recorded delivery and keep a copy.

The onus is now firmly on them to supply this information. If they do not, they cannot enforce the debt against mum. And whilst she waits for the reply to the letter, they cannot take any action against her although we often see more threatening phone cals or letter in the very short-term. tell mum to be brave.

They have 12 working days, plus 2 from the date the letter is posted before they are in default.