Received Agreement, what next?

[katym609]

About 2 years ago I stopped paying off my cccs and wrote to my banks with full and final offers.

One didn't respond so I wrote again.

I received a letter from a company who said they'd bought the debt so I CCA'd them and wrote to the original bank to confirm.... no response from either.

I then got a letter in may from a different DCA who I then CCA'd and heard nothing till last week I got a copy of the agreement and now they are asking me to pay in full... which I can't and won't do.

 

I was thinking of writing to them to make an offer, but feel that they haven't acted correctly here so wondered if there are any rules/acts they have broken that I can quote to them?

 

Thanks.

[42man]

Can you scan/photo the agreement (taking off the personal details) so it can be established if it has the prescribed terms ? use Image hosting, free photo sharing & video sharing at Photobucket if need be...

[katym609]

thanks.

 

http://up2.it/katym609/cca/ccapage1.png

 

http://up2.it/katym609/cca/ccapage2.png

 

looks like it was faxed to them.

 

On one of my letters to the bank with an offer I made before the DCAs got involved I had told them to reply within 14 days or I will consider the account closed - I'm guessing they can have safely ignored that?

[42man]

My initial thought is that this MAY be enforceable....but i'm not an expert.

[42man]

This may help Katy...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/107850-hak-cahoot-2.html?highlight=cahoot

[katym609]

This may help Katy...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/107850-hak-cahoot-2.html?highlight=cahoot

 

Thanks... looks like the CCA is good then (well, bad for me!)

 

Interesting that it was equidebt that had originally contacted me regarding this loan but had stopped responding till months later I hear from the new dca who have eventually been able to provide the agreement.

[Linus]

May I ask who the new DCA is.

[katym609]

May I ask who the new DCA is.

 

Debt Managers Ltd.

[Linus]

I only ask I thought it was by the fax number, I have a good buddy who was at war with DM Ltd, he had a similar case, and I can only pass on what he did, What they have sent maybe just a copy they have, and the original may not exist, so to buy some time he asked for the T&C, and also asked for a statement of account, that was over 2 months back and not had a reply back since.

 

My only point here is you have to ask why Equidebt dumped this,and passed it on.And I would ask for a more clearer copy.

[katym609]

Yes, it all seems very strange - I shall have to dig out the letters, but from what I remember Equidebt had bought the debt, but now Debt managers are saying they are acting on behalf of Cahoot.

[Linus]

It sounds very strange indeed, if equidebt bought the debt, I cant see them selling it back to Cahoot, then Cahoot employing Debt Managers to come after it on behalf of them,it would indeed be worth digging your paperwork out....if you CCA'd Equidebt, I dont think they can pass it on to another if it's under dispute. Someone with more knowledge will clear that up.

[katym609]

I found a letter from cahoot that says the debt has been 'referred to' Equidebt, so it's a little difficult to say.

 

That also means that cahoot did actually respond to one of my letters which I though they hadn't.

I'll write to debt managers and get them to get cahoot to write to me with an explanation of it all and give me a readable cca, but if they want some money, they'll have to look elsewhere; can't have what isn't there!

[emmaf01]

Ask for a statement of account as well- that should keep them busy- especially as it is a Flexible Loan. Did it have a fixed credit limit/loan amount?

[katym609]

Ask for a statement of account as well- that should keep them busy- especially as it is a Flexible Loan. Did it have a fixed credit limit/loan amount?

 

There was a maximum amount which I think they increased a couple of times.

 

Rather strange sort of loan that once I had paid off the minimum amount, they'd let me withdraw it again the next day (apart from the interest)

 

Are you obliged to give them a tenner for statement of account?

[emmaf01]

Nope, I thought it was one of the things they were required to provide, along with a copy of the Notice Of Assignment.

 

£10 is for the SAR. Leave that until we need to!