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I have dig out a very old Woolwich debt, which if my memory serves me correctly was sold/ transferred to Equidebt somewhere round 2002 ish. Anyway I remember asking them then about details of the debt and not getting much joy, but then things have changed somewhat since that year!
So can I send Equidebt the following (picked up from other posts) or do I need to contact Woolwich who will have no idea on this I am sure...? Also can I merely request all payments made to be refunded? Also can I say it is in dispute if they have been fully paid now?
I hereby formally request true copies of the signed agreement referring to the above account number. This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974 - your obligation also extends to providing statements of account. I enclose a £1 cheque in payment of the statutory fee. I understand that this should be supplied within 12 working days.
In addition please supply a true copy of the deed of assignment. You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974.
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 defense to any court claim that is subsequently issued. I would also request a statement of all payments made since you took over this debt.
In the meantime please be aware that I consider this matter to now be “in dispute”.
If you want to recover your bank charges I should use the Data protection Act template in the templates library. If you want to dispute the actual debt you should look at the Debt Action Group part of the forum who will be better able to advise you.
Penfold V Equidebt (Woolwich Debt)
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