Help - Don't believe debt is mine!

zincoxide

Post deleted.

zincoxide

Aha!! I found it - here it is for anyone else doing the same:

Dear Sir/Madam

Re: Account No/Reference No: XXXXXXXX

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Yours faithfully


XXX

chappers

A few years ago I defaulted on a capital one card and they also refused to speak with me about the matter, eventually I sent a similar letter to Capital one rather than their debt collectors, this legally obliged them to send me the information and miraculously reopened the communication channel with them.
Also check your credit file as this will have the true nature of any debt to capital one.