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Hello people, I am here to get some advice and to know what would / should be our next step.

 

My wife had a New Look card and ran the bill up to £100 which is not a lot but then suddenly we went in to hardship, i work as part time, she unemployed and have 3 kids under 8yrs. My wife or I could not pay as she ran some huge bills on other cards for which I end up paying min amount towards those cards. New Look had pass this matter to IKANO who demanded us to pay.

i searched in to this forum and then wrote a letter to IKANO asking to provide us as a proof the copy of credit agreement form on which my wife signed this agreement. I sent as recorded delivery with £1.00 Credit agreement charges.

After 4 months received a reply from IKANO stating that "after searching their records they are unable to provide a copy of signed agreement form". instead they sent a 'blank agreement form' saying the form my wife signed is similar to this form. Then the letter says that the account has been passed on to the Debt Collection Agency ( no name given of any debt collectors) on their behalf, please contact them to arrange for repayments.

Could someone advice us what should be our next step ? are we still liable to pay ? can we refuse to pay just because "there is no signed credit agreement" ? Please advice. Thank you

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Hello people, I am here to get some advice and to know what would / should be our next step.

 

My wife had a New Look card and ran the bill up to £100 which is not a lot but then suddenly we went in to hardship, i work as part time, she unemployed and have 3 kids under 8yrs. My wife or I could not pay as she ran some huge bills on other cards for which I end up paying min amount towards those cards. New Look had pass this matter to IKANO who demanded us to pay.

i searched in to this forum and then wrote a letter to IKANO asking to provide us as a proof the copy of credit agreement form on which my wife signed this agreement. I sent as recorded delivery with £1.00 Credit agreement charges.

After 4 months received a reply from IKANO stating that "after searching their records they are unable to provide a copy of signed agreement form". instead they sent a 'blank agreement form' saying the form my wife signed is similar to this form. Then the letter says that the account has been passed on to the Debt Collection Agency ( no name given of any debt collectors) on their behalf, please contact them to arrange for repayments.

Could someone advice us what should be our next step ? are we still liable to pay ? can we refuse to pay just because "there is no signed credit agreement" ? Please advice. Thank you

 

 

 

The killer line is the highlighted one. Keep their letter very very safe

 

It means that the debt is unenforceable in court, they will continue to ask you for money but you are under no obligation to pay them.

 

You could always photocopy a fiver and send it to them and say that your repayment would be similar to this :-D

 

Put it to the back of your mind, contact nobody, especially on a premium rate number, if anyone else contacts you re paying this, post it up on here and we'll take it from there

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The killer line is the highlighted one. Keep their letter very very safe

 

It means that the debt is unenforceable in court, they will continue to ask you for money but you are under no obligation to pay them.

 

You could always photocopy a fiver and send it to them and say that your repayment would be similar to this :-D

 

Put it to the back of your mind, contact nobody, especially on a premium rate number, if anyone else contacts you re paying this, post it up on here and we'll take it from there

 

 

Thank you Spamheed, i do feel like sending them a photocopied fiver. Thanks again for your advice and reply.

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Thank you guys for the advice. I require some info on similar matter. As i mentioned in my 1st post that my wife ran some bills which I could not afford to carry on paying due to change in my employment from full time to part time. Creditors started demanding repayments which also included threats if we dont cough up money. I, on behalf of my wife wrote to 7 creditors with budget sheet given by CAB offering each creditor £2 a month which they accepted as they had no choice and I started paying them direct debit.

 

My query is that we did NOT ask any of the creditors or their agents to provide a copy of Credit Agreement Form signed by my wife. Can we ask them to provide a copy of signed credit agreement form now as we are paying them £2/- a month since Feb.09. Are the creditors still under obligation to provide these forms if asked ? and what difference would it make if any of the creditors can not provide a signed agreement form, would we have right to stop paying them ? I would appreciate your replies to my queries. Thank you

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I think you can CCA them and if they don't produce in the prescribed time you can stop paying and if they don't cough up they can't enforce;)

 

 

Hello kurvaface thanks for replying, what is the prescribed time for the creditors ?

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Dear Sir,

 

Thank you for your letter of xxxxxxx telling me what my agreement would have looked like. Please see below what payment would have looked like if you had been able to provide an enforceable agreement;

4to5zd.jpg

 

Yours Truly,

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Dear Sir,

 

Thank you for your letter of xxxxxxx telling me what my agreement would have looked like. Please see below what payment would have looked like if you had been able to provide an enforceable agreement;

4to5zd.jpg

 

Yours Truly,

 

thank you VERY much you just woke my wife up!!

 

she wanted to know why i was laughing so much

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