Creditor changed name

[Boilerman]

Hi,

Can anyone offer some advice I had a credit agreement with Nova Retails Finance, when I moved house I informed them of my new address, however during the period of my move Hitachi Finance appeared to have bought out Nova, There was no letter informing me of this so when I got a letter from Hitachi stating that I was in arrears with payment I threw it in the bin as I wasn't aware of the change and certainly don't recall having an agreement with Hitachi, eventually we moved again, then a further move. One day I had a letter form AIC stating that there was a debt owing to Hitachi,, so I wrote back and telling them I had no debt with Hitachi, it was only after a few more letters that I found out that it was the credit agreement that I originally had with Nova. I am in the throws of requesting a copy of the origianl signed agreement, however do I need to pursue this line or should I inform AIC that I have no debt with Hitachi?

Regards

[dx100uk]

how old is this?
i doubt they can produce a copy anyhow so ...no debt
ignore them once they cant produce

dx100uk

[Boilerman]

Originally Posted by dx100uk

how old is this?
i doubt they can produce a copy anyhow so ...no debt
ignore them once they cant produce

dx100uk

The Original, no interest Agreement, was taken out around 2000-2001 for around £3k, first payment due 2001-2002, it was a three year agreement deferred for 1 year, AIC say we owe ITRO £700

Boilerman

[gemspan]

If they cant produce the agreement then there is no debt. Wait to see if they can produce the original agreement; ask for the deed of assignation to be produced too. They wont be able to produce any of them and the debt is then unenforceable.

Gemspan

[gizmo111]

If they cant produce the agreement then there is no debt.

The debt still exists - just it is not enforceable in court.

Wait to see if they can produce the original agreement; ask for the deed of assignation to be produced too.

There is no requirement in the CCA to produce the DOA

[Boilerman]

Thank you all for your comments, I will keep this thread updated as to what transpires

Boilerman

[gemspan]

My mistake, saying there is no debt. Of course the debt still exists but is not enforceable!!!!

I also thought that if another company takes over your debt they have to send a deed of assignation which effectively means that they now own the debt and that is part of the credit agreement!!!! Am I wrong? Whatever happens anyway Boilerman is entitled to a deed of assignation isnt he?

Gemspan