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jay2006

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Everything posted by jay2006

  1. hello have been reading this thread and just wanted to make u all aware that although u do all seem to have good points one thing u have all missed is that if the original agreement was signed over 6 years ago the creditor is NOT obliged to hold a copy of said agree - the law actually stands that they have to keep a copy of agreement that is easily accessable for a period of 3 years, once this period has elapsed thay can then move the document to Microfiche and store it elsewhere in their archives - after 3 years there they are no longer legally required to keep a copy. i work for a solicitor that specialises in consumer debt recovery and believe me you have to work EXTREAMLEY hard to get a debt made "unenforceable" ur best bet is to challenge the charges u have incurred rather than the whole debt as u will more often than not get a full refund for these charges if u push enough. Hope that helps.
  2. No, because Heatons are solicitors acting it would be them who would send it anyway. I work for a firm of solicitors and can happily confirm that alot of the advice here is rubbish. Firstly for those of you who think asking for a copy of your CCA to be supplied within a month or the debt is unenforceable, i can advise that this is not quite the case. A creditor is only required to hold a hard copy of the CCA for 3 years and a copy on micro fiche/computer for a further 3 years( 6 yrs total). after that they are not legally obliged to hold it and the lack of it certainly doesnt mean that u dont have to pay your debt. A county court judgment is enforceable if u fail to meet the payments as ordered by the court regardless of weather you have recently requested a copy of your application. Only a judge can order that the debt is unenforceable for that reason and you will have to prove your case in the propper manner. Whilst you are entitled to ask for a copy of your CCA (if they are required to provide it at that date) but you will need to continue making your payments anyway. For those of you wondering about EquiDebt purchasing debts and taking you to court i suggest you read the terms and conditions of your capital one card carefully this time, it states on mine that they reserve the right to transfer or sell your account to a debt collection agency without having to give any prior notice if you go into default. it also states that in signing the CCA you agree to accept charges accrued through any court action that is taken to recover the debt..... Oops!
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