Odd kinda Credit blast from the past....Advice would appreciated! NEW INFO 24/06

weightgain

So, any help or advice would be appreciated on this.

I recieved a letter today, asking if a person called Mr weightgain lived at this address. As I did , I called this company and spoke to some who advised me Link Financial was wanting to speak to me.

They conected me and spoke to a very nice man . He advised me that I had signed a credit agreement around 7 yrs ago with my then partner for some new windows for our house.

This credit agreement had not recieved any money towards it since Aug 2006 and as such they wanted settlement of £300 odd quid to close this.

As I had (Or so I thought) finished off all my debts, I asked some obvious questions. How was the money paid to them "Bank Transfer". Who paid this "Can't answer that Sir". Did I ?? "Can't answer that Sir". Did my ex-wife ask you to ring me for the money ?? "Can't answer that Sir".

I summised to him that she had and that they were clutching at straws to get the money back "Can't answer that Sir"

I have left it with the company I will ring them tomorrow with her address (As she randomly lives near my parents now so is easy to get).

I guess my observations are as such ;

I'm 99% sure she had paid this debt since we split. As part of the divorce it was noted that our debts that we were currently paying off individually would remain just that - individual and we would not ask each other for money

I'm pretty sure the last payment was around the time she moved from the house with the windows in

And I guess my questions are this -

If I haven't contributed to this debt for so long, legally what is my postion ?? Is that not applicable as I signed something many years ago ??

What are my options ?? Refuse to pay and be taken to court ? Pay and forget about it ?

Other than give them her address, what should I do ?? I'm thiniking of asking for a copy of the debt and credit agreement (To be sure I did sign one)....anything else I need to consider ??

Like I said, any help greatly appreciated !!!!!!!!

RAS

Hi

If this was a debt in joint names and she has been paying towards it at any time in the last 6 years (5 in Scotland), then they can chase either of you.

As for whether the document that they have would pass muster if they were to pursue you throught the courts, rather than an application form, that i another matter.

weightgain

RAS wrote: »

Hi

If this was a debt in joint names and she has been paying towards it at any time in the last 6 years (5 in Scotland), then they can chase either of you.

As for whether the document that they have would pass muster if they were to pursue you throught the courts, rather than an application form, that i another matter.

Thanks. That was my thinking tbh. I posted in the marriage section and someone mentioned getting copies of the agreement and ensuring my letters are marked without prejudice etc etc.

I think my plan is to ring them tomorrow, inform of my ex-wife address and also request all the relavent document copies are sent to me.

In reality tho, £300 - would they even bother chasing this if I refused to pay ??

RAS

Oh yes

And without prejudice no longer works. You need a proper CCA letter, with the £1 statuatory fee.

Here is the letter. Send it registered post, so you can track it. Since this is OH debt, you can write his name or you could sign it in his behalf. That prevents the DCA copying his sig onto a blank CCA.

The DCA have 12 working days plus two days in which comply with your request. If they do not produce the paperwork, they are in default. After another 30 calendar days, if they do not produce the documents, they are committig an offence if they pursue the debt. At this point it is important to report them as this disencourages them from transferring the debt or trying again later.

Expect them to up the ante as they will try to get him to cough up before 12 days is up.

here is the letter.

The 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

Remember not to sign it, just print your name!

weightgain

RAS wrote: »

Oh yes

And without prejudice no longer works. You need a proper CCA letter, with the £1 statuatory fee.

Here is the letter. Send it registered post, so you can track it. Since this is OH debt, you can write his name or you could sign it in his behalf. That prevents the DCA copying his sig onto a blank CCA.

The DCA have 12 working days plus two days in which comply with your request. If they do not produce the paperwork, they are in default. After another 30 calendar days, if they do not produce the documents, they are committig an offence if they pursue the debt. At this point it is important to report them as this disencourages them from transferring the debt or trying again later.

Expect them to up the ante as they will try to get him to cough up before 12 days is up.

here is the letter.

The 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

Remember not to sign it, just print your name!

Wow, thats great thanks. A few (obvious) questions

What is a CCA ??
What is OH debt ?
What is DCA ??

Also, when I'm on the phone, do I need to be aware of anything ?? Other than admitting liability I guess ?

Krasnoludek

Hi

OH is other half eg spouse
CCA is a consumer credit agreement regulated by law
DCA is a debt collection agency

Hope that helps (HTH) :j

K x

weightgain

Krasnoludek wrote: »

Hi

OH is other half eg spouse
CCA is a consumer credit agreement regulated by law
DCA is a debt collection agency

Hope that helps (HTH) :j

K x

thanks very much. My new plan is to post this letter off tomorrow and take it from there. It makes sense his ambiguity if my name isn't on the credit agreement. I don't mind paying if it is - it's my debt after all - just don't wanna cough up if I'm in the clear!!!

Will keep this thread updated.

Thanks all!!!

weightgain

just wondering, can I send the statutory fee via a postal order ??? Is that the best way?? TIA

GeorgeUK

Postal order is the best way - usually we advise not to send anything to a DCA with a signature on it.

Waspeze

From reading on here I think it's the best way .. in theory a signature could be lifted from a cheque.

So yes, a postal order is fine

weightgain

Thanks everyone, letter and postal order going off tomorrow. I spoke to them again today for their address and they were as elusive as ever.

Makes me almost convinced I'm not on the orginal agreement. It's not on my experien report either........