Last year I had a CitiCard credit card with a £250 limit. I was making regular purchases and paying it off each month. One month I missed a payment and they charged me. This took me over limit and I was charged again. Now, without making purchases with the card nor making any payment the debt is a staggering £850+.

I refused to pay and eventually the debt was passed to Direct Legal & Collections. I wrote to them stating I didn't acknowledge a debt to their company and requested a copy of the credit agreement and sent £1 in payment.

I haven't heard from them yet and they have another 2 weeks before their 30 day deadline expires. If I don't hear from them then the debt becomes unenforcable (I think??) however, how do I get them to remove the default? Do I need to report CitiCards or DL&C to anybody? Obviously, if the debt is unenforcable then I know I won't be claiming the charges back.

Any help and guidance is appreciated.

Thanks

Marc

I'm not altogether clear what they one pound payment was for and what the 30 day deadline that you have given them refers to.

However as far as reclaiming charges go if you know exactly what the charges are -- and you appear to do so -- then simply go through the steps.

Read the FAQ. It's all there.

Send a preliminary letter, if they don't respond send the threat, if they don't respond send a claim.

Bankfodder

I got the idea when I was reading through other posts on the forum. I pinched it from a post that lueeze started regarding her other half not knowing what a debt was about. alanfromderby posted the advice, I think he picked it up from the debthelpuk forum.

Do you think it is a bad idea? What I was thinking was if they provide a copy of the credit agreement then I could send the DPA request. If they don't then challenge the legality in enforcing the debt.

What do you think? Ive 'cut and paste' the letter I used (its below).

Marc

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.

If they fail to provide the copy agreement within 12 days then court action can only take place with permission of a judge. After 30 days the creditor commits a criminal offence and can be reported to the OFT and Trading Standards.

This topic was closed on 09 March 2019.

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