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Unenforceable credit card agreements and debt collectors


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Hello Everyone,

 

I am new to all this, but we are being hounded by several credit companies like Aktiv Kapital and Cabot Financial about ancient debts that we aren't even sure if they are ours. I am sending of the CCA letter to all creditors as I have also been reading about the unenforceable consumer agreements made before April 2007 and am wondering if some of our debts fall under this category.

 

A friend of mine who works for a finance company told me about this unenforceable credit agreement stuff, and said that his company would do it for £300 and he would send me the forms. You pay £100 upfront and if it turns out that the agreement is actually enforceable, they refund this to you. I have been reading here and there that people advise not to pay a company to do this when you can do it yourself. How difficult is it? Are there template letters for it? Where can I find a list of the order of what happens?

 

Would appreciate any advice!

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Hello Everyone,

 

I am new to all this, but we are being hounded by several credit companies like Aktiv Kapital and Cabot Financial about ancient debts that we aren't even sure if they are ours. I am sending of the CCA letter to all creditors as I have also been reading about the unenforceable consumer agreements made before April 2007 and am wondering if some of our debts fall under this category.

 

A friend of mine who works for a finance company told me about this unenforceable credit agreement stuff, and said that his company would do it for £300 and he would send me the forms. You pay £100 upfront and if it turns out that the agreement is actually enforceable, they refund this to you. I have been reading here and there that people advise not to pay a company to do this when you can do it yourself. How difficult is it? Are there template letters for it? Where can I find a list of the order of what happens?

 

Would appreciate any advice!

 

Welcome... firstly I would say if you have ancient debts and have had a clear 6 year window where you have not paid or acknowledged the debt in writing then its stat barred and you dont need to worry about enforceable/unenforceable.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

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IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Then if you are unsure if they are your debts the first stage is to send them a "Prove it" letter.

 

Dear Sir/Madam

 

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.

 

Yours faithfully

 

If they are able to prove any of the debts are yours, the stage after that is to send them a request for a copy of the original credit agreement.

 

Creditors and DCAs - Letter Templates & Budget Planner

 

It's letter "N" in this link.

 

Don't speak to them on the phone, everything in writing, and print, don't sign your letters. Once you have the agreements, scan them on here and we will tell you whether or not they are enforceable. remember to send a £1 Postal order with your requests. They have 12 + 2 (for admin) working days to reply. If they don't reply in that time, you can them stop paying them and put the account in dispute - there is a template for doing that.

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Don't pay any money to anyone, you can do everything yourself for the cost of a few stamps. Most, if not all, of those companies that claim to be able to write off your debt for a fee up front are running a [problem] :mad:

 

With Aktiv, just sending the "prove it" letter is enough to make them go away usually.

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