Help - Is this true????

[flowerchick]

Hi all,

 

Sent a CCA request for a credit card thats not mine. The company sent a letter with a blank template of a credit agreement, but this held no details relating to the account that they claim I have with them. I sent them a second letter advising that this was not good enough and that as the account was in serious dispute I wanted a copy of a properly executed agreement with my full details and signature (I know that I have not signed anything). They have sent another letter to me saying that as far as they are concerned the account is not in dispute as they have a valid CCA and they are not obliged to send me an actual copy of the agreement. They have also said that they are not willing to enter into any further communication regarding the matter but obviously are still expecting payment. Can someone advise what I do now? Am I not right in saying that they have to provide me with a valid CCA and not just a blank template - if they have it why are the not sending me it? Please help

[shredder10]

If its not your debt send them a prove it letter. They know their obligations.

[cerberusalert]

Send the muppets this;

 

Dear Sirs

 

Account number

 

I write with regards to the above account with your organisation.

 

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as i have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.

 

Obviously if the agreement is improperly executed I would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

 

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

 

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

 

I do not view this as an unreasonable request given that by supplying the document which I have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

 

I look forward to your reply and wouyld ask for a response by 4pm on XXXX Date ( Give 21 days to respond)

 

Yours, Print your name do not sign

[worried parent]

Or a letter to the original creditor asking them for more details.

[flowerchick]

Or a letter to the original creditor asking them for more details.

 

Thanks for the reply folks. It is actually the creditor that I have been corresponding with. I just don't understand why they are being so difficult. Do you think it could be that they know they have no agreement and are trying their threatening behaviour thinkning I would cave in? If it was mine then fair do's I would pay it and that would be an end to it but it has nothing to do with me and they just don't seem to be willing to listen to what I am saying to them.

 

I don't understand all the laws involved - its very confusing - but the main thing I would like to ascertain - are they allowed to get away with sending me just a blank template with no details or signatures? If that was the case surely they could try an get money off anyone and their granny. What is a proove it letter and where would I find one on this site?

 

Thanks again x

[cerberusalert]

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

**Edit to suit**

Print name do not sign

[flowerchick]

thank you, I appreciate all the help available on this site, don't know what I would do with out it. Have other had the same experience as me and any positive outcomes? Its just all so very very scary x

[spartathisis]

The old arguement if they got one why not send it to avoid confusion? Before finding CAG I felt like I was on my own and spiralling downwards, now im enjoying sending arsey letters to creditors, DCA`s and solicitors!

 

Try not to let it get you down too much, help is always at hand on here

[flowerchick]

The old arguement if they got one why not send it to avoid confusion? Before finding CAG I felt like I was on my own and spiralling downwards, now im enjoying sending arsey letters to creditors, DCA`s and solicitors!

 

Try not to let it get you down too much, help is always at hand on here

 

Thanks Spatathisis, its good to know that you're not on you're own. Do you find that if you persist, you make headway or do these companies dig their heels in constantly. According to this Capital One no payments have been made on this account since this time last year and it worries me that I will be made to pay it (even though its not mine) or be taken to court

[spartathisis]

They will all try it on even if they know for a fact they do not have a legal base for a claim off you. Read as much on the forum as you can there is a wealth of knowledge on here and some work is required to get your head around the legislation. On the main forum page there are guides to the basics use these then dip in and out of other threads. They still have to prove the debt is yours if they go to court, BUT do not ignore any letters or throw anything away. Keep a good record of everything and never speak to them on the fone. I have the halloween theme linked to my creditors, this ensures that everyone in the house knows not to answer my mobile!

 

Send the letter cerburus has posted above. What makes them believe the debt is yours? Has it been sold and sold so does not ring any bells, this would also account for an amount you may not recognise.

 

If it is fraud then you must report to the original creditor and the police (they wont get involved prob, but at least you contact them) and tell all why you think it could be. You will have to post up the letters you receive (with your details taken out) so we can have a look and help better.