Letter from a debt collection agency

Waspeze

tine wrote: »

Personally I'd write to them requesting a copy of the consumer credit agreement you signed at the time - ADMIT NOTHING at this stage... Simply say you dispute this debt and ask that until they provide you with a copy of this you will not be communicating with them and any communication from them must be in writing. Not by phone or in person.

There is a letter floating around for that which a kind person might dig out I'm on my work laptop so don't have my saved copies on here grrrr

Personally I am all for repaying debts, but I'm torn between doing what's right and my intense dislike for DCAs
If they DO drop the matter as they can't provide the agreement you signed then I'd suggest making a small donation to charity - good karma and all that

Is this the one you mean?

theThe Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Re:− Account/Reference Number 4563210025897412

I do not acknowledge any debt to your company.

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

1. We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request; your obligation also extends to providing a statement of account. . We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

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

We understand a copy of our credit agreement should be supplied within 12 working days.

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.

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

We look forward to hearing from you.

Yours faithfully
Mr A N Other

Edit: If this is the one then remember not to sign it, just print your name!

MrsTinks

Waspeze that was the one I meant thank you
And as Waspeze says DO NOT SIGN IT!!! Print your name as SOME DCA have been known to send fraudulent agreements back after copying your signature of your letter to them... Not all and it's not that common but don't risk it!

RAS

pixsy

Firstly can you check that there is no CCj against you. it is only about £3 to make sure. That would change the context.

As long as there is no CCJ, send the letter recorded delivery with a postal order for £1, and if your BF is prepared to act as a mail box, do that.

Waspeze

I'm not sure Pixsy too be honest as i've never sent one of these letters off myself.. i'm sure someone will be able to answer though?

(p.s. if you're sounding thick then so am I as I don't know the answer :D)

fermi

Most of these templates have some origin in the official ones as advised by professional debt advisors. As such, they often use general phrases like; I/we* (* delete as applicable) so that they can cater for debts that are either singly or jointly owed. Adjust it if you think it reads wrongly.

Just a note on section (2) of the letter. You can request a copy of the "deed of assignment", but they are NOT obliged to supply it under this request.

However, you should have received a "notice of assignment" if the the debt has been sold (assigned). This is simply a letter informing you of the sale, rather than the "deed" which is the legal agreement for the sale. Because of the similar name, these are often confused.

pixsy1983

RAS wrote: »

pixsy

Firstly can you check that there is no CCj against you. it is only about £3 to make sure. That would change the context.

As long as there is no CCJ, send the letter recorded delivery with a postal order for £1, and if your BF is prepared to act as a mail box, do that.

Thanks Ras - i've just looked on equifax website and it's £12!

pixsy1983

fermi wrote: »

Most of these templates have some origin in the official ones as advised by professional debt advisors. As such, they often use general phrases like; I/we* (* delete as applicable) so that they can cater for debts that are either singly or jointly owed. Adjust it if you think it reads wrongly.

Just a note on section (2) of the letter. You can request a copy of the "deed of assignment", but they are NOT obliged to supply it under this request.

However, you should have received a "notice of assignment" if the the debt has been sold (assigned). This is simply a letter informing you of the sale, rather than the "deed" which is the legal agreement for the sale. Because of the similar name, these are often confused.

Should i change the wording to notice of assignment then ? thanks

Waspeze

pixsy1983 wrote: »

Thanks Ras - i've just looked on equifax website and it's £12!

Experian were doing a free months trial for your credit report... presume they're still doing it and I think this would show if you had a CCJ?

fermi

pixsy1983 wrote: »

Should i change the wording to notice of assignment then ? thanks

You can request a "notice of assignment" if none of the letters you have received appear to have been one, or included any notification of an "assignment".

You can also leave the letter as it is if you want. I was just trying to point out that they are not actually legally required to produce the "deed" with this request, so if they don't supply it then they are not doing anything wrong. Some agencies will send you the part of the deed that relates to your account, even when strictly they don't have to.

pixsy1983

Right i have requested my credit report from experian, i will recieive this in two working days. So hopefully i won't have any CCJ's on that.