what to do ????

[saffy09]

Hello

I have cca next directory now twice and they have sent me two copys of there agreements but with no signature. They have admitted not having one with my signature and i never did sign anything. They say that they have answred my request by sending the unsigned agreements. The account was opened in 2005 and due to a decrease in salerly on maternity leave i was unable to pay what they asked for, so they hassled me non stop saying i was breaking my credit agreement!! so i requsted a copy of this fair requst. They have sent a letter telling me i used the store card and iam responsible for paying the ammount owed and they will record activity with the credit reference agency!! Any advice

Many thanks

[maroondevo52]

Hi, saffy.

 

I'd send them this , see what they come back with.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/582-possible-letter-when-a-questionable-agreementapplication-is-sent

 

Regards.

 

Scott.

[saffy09]

Thank you Scott i will give it try. Keep you informed.

many thanks:)

[saffy09]

Just another quick question can i claim back charges on accounts even if iam in arrears? or the account is in dispute? unsure about this.

many thanks

[maroondevo52]

Hi,

 

Think it's either one or the other, if you argue there's no CCA a court would look on a charges re-claim as unjust enrichment.

 

You could always try, if they come up with the CCA, then re-claim the charges.

 

Regards.

 

Scott.

[saffy09]

Hi

Next have sent a letter saying i have until the 22nd August to pay up otherwise it will be passed on to a third party!! They have admitted they have no signed agreement but will still collect the debt owed. It says on letter that debt collectors may come to my home. They say they have answered my request by sending me there t&c. What do i do if these people come to my home??? they have also sent a default notice!!!

[maroondevo52]

Hi, saffy.

 

I'll move this thread, too get more input.

 

Regards.

 

Scott.

[Azuma]

Hi

Next have sent a letter saying i have until the 22nd August to pay up otherwise it will be passed on to a third party!! They have admitted they have no signed agreement but will still collect the debt owed. It says on letter that debt collectors may come to my home. They say they have answered my request by sending me there t&c. What do i do if these people come to my home??? they have also sent a default notice!!!

 

they will never come to your home, there are people on here that can direct you to the correct letter, which prevents them from doing so. it sounds like they are being very un-reasonable, i'm sure people here will be able to give you invaluable advice on this. Anyone??

[Azuma]

ok, use this template and send it to them, also print off some copies in case they totally ignore it, if a bailiff comes to the door (unlikely) give them this letter and close the door. obviously amend to suit:

 

 

Dear Sir or Madam,

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384

. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully,

 

_______________________________________

hope this helps

[saffy09]

Hello

I sent the letter recomended and it has been ignorned! received a phone call from a debt collector today asking for money and threatening court action! Next have admitted not having a signed agreement and after checking all my statements i have paid a service charge every month so i have paid the balance prob twice over. Any help on what to do now would be appreciated.

many thanks x

[GALLACHE]

Hi Saffy,

 

I would CCA the DCA now and also send the letter regarding all communication to be made in writing. DO NOT SIGN THE LETTERS PRINT YOUR NAME.If possible do NOT speak to these people on the phone you will only end up distressed, if they do manage to contact by phone, be polite and refuse to answer the security questions. I would send the letters recorded delivery and then they have 12+2 days to produce a valid CCA or the account goes into dispute.

 

Good luck stay calm there are plenty of good people who will help you along they way on this site.

[Undercover-Elsa]

Hi Saffy,

First of all..no "Bailliffs" will come to your door..they can only attend after a CCJ has been granted and only then if you fail to keep up with the monthly payments ordered by the court.

Take a deep breath and relax .... better?

OK..no signed credit agreement doesn't make the debt go away but it does mean that the debt CANNOT BE ENFORCED IN COURT . This is precisely why the lowlifes then huff and puff to try and scare you into paying anyway. Because they know they're on a loser unless they can panic you! So..don't panic! Simples

Send this to whoever is pestering you:

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

Amend it to suit and stress that no signed agreement exists for this alleged account.

It's entirely up to you what to do at the end of the day, but without a signed agreement it's all hot air. Take control and don't let them scare you.

Keep us posted

Elsa x

[Undercover-Elsa]

Hi Saffy,

Just following up on this..

Did you send a CCA request ?

Any developments?

Gone a bit quiet..hope you're OK

Elsa x

[saffy09]

Hi

Thank you Elsa for your concerns im fine little girl been in hospital so not been online for a while.

Well i have had a letter today from the dmc after receiving my letter which was kindly recomended, that they are returning the case to Next and can confirm no further action will be taken by them.

What will happen now? what will Next do?

Many thanks Saffy x

[katpuss]

Hi Saffy, which DMC are you with?

[saffy09]

Oh so sorry im not with a dmc. next passed debt to debt collectors. sorry still quite new to this!!!!

[maroondevo52]

Hi, saffy.

 

Think you'll just have to wait for Next to get in touch, I always feel it's a good thing when the account gets returned to the OC.

 

Regards.

 

Scott.

[debt4get]

this nomally means they cannot produce an enforceable agreement.. sometimes oc write off debt..sometimes they resell to another dca, if they do this just send what is called bemused letter..basically saying account already in default and please crawl back under the stone you just crawled out from under...

[Undercover-Elsa]

Hi Saffy,

Well done, that's a good result

As above, Next cannot enforce in court without providing a signed agreement. They may, as has been stated, pass it on but the bemused template letter should see any gutter lurkers off.

Just keep us posted - if they rear their ugly heads again we'll deal with it, but just enjoy the peace and quiet for now!

Sorry to hear about your little girl, hope she's OK now,

Elsa xx

[saffy09]

Hi. Sorry im adding to this thread but cant remember how to start a new one

I have received a letter from Nationwide saying they will be withdrawing my overdraft due to poor management of my account ( never been over the limit) They want it paying back in full next week!! I contacted head office who said that if it is not paid i will occur charges and 18.9ear. I contacted my branch manager who sent me my application and on the box of overdraft facilty i have ticked no, but must have applied at a later date for the overdraft facility. My branch manager has said i have not signed anything for the overdraft and you do not need to. The overdraft is only for £250 but im on sat maternity pay at the minute and cannot afford this. Im happy to pay the overdraft back but not at once, and i dont want charges and high intrest rates. Collections department talk to you like dirt!! Any suggestions as what to do??

ps can someone tell me how to start a new thread???

Thank you x

[ScabHunter]

Go here -

 

Debt Collection Industry - The Consumer Forums

 

and click the "New Thread" button in the bottom left corner.

 

And don't talk to these vermin on the telephone.

 

SH

[saffy09]

Thank you so much