This evening received the following email:

Good Afternoon Mr xxxxxxxxxxx ,

Re. Agreement xxxxxxxx

Outstanding balance: £509.20

Outstanding arrears: £25.46

We need to speak with you in relation to the above agreement you hold with PRA Group (formerly All In One Finance).

If we could please ask that you contact our office on 0344 245 xxxx at your earliest convenience.

Alternatively, please advise of a suitable time so we can give you a call.

Regards,

xxxxx

xxxxx Robertson |Resolution Recoveries |Simpson House |Windsor Court |Clarence Drive |Harrogate |HG1 2PE |T + 44 (0)3442 xxx xxx

Resolution Recoveries is a Trading Style of The Nostrum Group Limited which is Authorised and Regulated by the Financial Conduct Authority in relation to Consumer Credit Activities. Registered in England No 04274181. Registered Office: Simpson House, Windsor Court, Clarence Drive, Harrogate, HG1 2PE. VAT No 916 5953 94.

This message may contain confidential and/or privileged information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.

Trouble I have is I had an agreement which was paid off back early last year and I have no idea what this is all about or what its regarding.

I did move bank accounts 3 weeks ago and found a direct debit paying some company me or my wife didn't recognise and cancelled it, so car not received any letters so I'm wondering if we have been paying for something we have no idea what it is?

Any ideas?

Hi,

You could always send them a Subject Access Request regarding any accounts you had with them.

I emailed them the following:

Dear Sir/Madam

ACCOUNT NUMBER: xxxxxx

Re: The below email

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY.

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the consumer credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

Your obligation also extends to providing me with a statement of account. I'm willing to pay a fee of £1 postal order or other means, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied.

I 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.

Also, since you are a debt collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

For the sake of clarity, may I also draw your attention to the following:

Consumer Credit Act 1974 s.175

Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under the regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

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.

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

1. True copy of original signed executed credit agreement

2. FULL Statement of account

3. Copy of the executed deed of assignment from (original creditor) and (DCA)

4. A fair processing notice.

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.

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. telephone calls and personal visits will not be accepted and viewed as harassment.

I look forward to hearing from you.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

Mr xxxxx

They responded today with the following:

Dear Mr xxxxxxxx,

Thank you for your email.

I am pleased to confirm that we will issue a copy of your credit agreement today, there is no requirement for the £1.00 payment.

I will also enclose a statement of your account.

The additional documentation I have requested and this will follow under separate cover very shortly.

I note that you have requested everything in writing, though you have not included your address details. The documents you have requested will therefore be issued to the address we currently hold for you.

Kind regards

So what do I look for in the paperwork I'll receive?

moved to the creation finance forum...

any updates?