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Catalogue accounts referred to collection agencies - can I request original credit agreement?

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Hi,

 

I am new to this and quite unsure what I am looking for really so i'll just start at the beginning I suppose. My husband lost his job a few months ago so things are pretty bad financially at the moment. As a result I have been unable to keep up with payment arrangements set up with Next PLC and Grattan on the dates they wanted (but I was making payments). Both accounts have been passed to collection agencies who are really giving me a hard time. I had no notification from either creditor that they were referring me to any agencies, which I beleive they dont have to do anyway. However I have been a very good customer for many years to each company and am a bit upset about this action. Someone suggested that I ask if there is a signed copy of the credit agreement for each account. I'm unsure if A) the debt collector is the person I ask B) There is any point as the creditors have clearly sold the debts on to third parties and closed the accounts. I am making payments to the collection agencies for fear of their actions really and I do not want my credit file to be messed up by this after making it through 4 years of uni pretty much blemish free with two young kids.

 

If anyone could help i'd be really grateful for your thoughts or advice on whether to pursue the production of a signed agreement route or to just pay off these debts through these horrible agencies (Moorcroft and Frederick something or other) HELP!

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Yes you can send a CCA request http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter do not sign the request. Include a £1 postal order and post recorded delivery. They have 12 working days from receipt of your request to provide a true copy of your agreement, if they fail to do so you can legally withold payment until they do.

 

Now for the good news, the older your a/cs the more likely they will be unable to produce an agreement, in fact they are more than likely just to send you a blank agreement with just your name & address filled in. But whatever the send back, if you scan it. remove identifying information and post it up we'll advise from there. ;)


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Send the CCA requests to whoever is chasing you for money now. I notice that you are already being pestered by DCAs so send this re-edited version of a CCA request;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

I now require all further correspondence from your company to be made in writing only.

 

You are reminded of the following under The Administration of Justice Act 1970.

 

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Further to this all calls from your Doorstep Collectors must also cease unconditionally and with immediate effect. I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.

 

Be further advised that any further telephone calls from your company will be recorded.

(Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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Hi cerberusalert,

Thanks so much for taking the time to read my post. I intend to post a letter off to each of them tomorrow. Just a couple of things, I live in Scotland - forgot to mention this earlier! Also, as I have verbal agreements in place with these companies with regards to the monthly payment amount they have accepted. Can They withdraw these if I start annoying them by sending letters like the one above?

Thanks so much again for getting back to me.

Sooz x

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I live in Scotland - forgot to mention this earlier!

We've all got to live somewhere. ;) I lived in galsgow myself for a couple of years, Drumchapel & Shawlands/Camphill :eek:

 

Half the fun is annoying DCAs, have a read of Cheekiness towards a DCA - The Consumer Forums

 

Seriously tho', although they tend agree verbally on a repayment plan you can bet your bottom dollar they'll renage on the deal within a few weeks. As I said earlier it depends on the age of your agreements, but the chances are they'll be unenforceable anyway.

 

It is your legal right to ask for a CCA at any time and all the letter above does is tell them that you know what your rights are. They are governed by regulatory bodies & have a code of practice they have to adhere to & although they may threaten certain things, in reality they are fairly impotent.

 

As for your credit file, I think you'll find that is or shortly will be messed up. the first thing that happens when an a/c is passed to a DCA is a default is registered & the DCA continues to update it, but we can try and sort that out later. What matters right now is to determine which if any of these agreements are indeed enforceable.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Hi,

 

Will read the reccomended forum and thanks again for your patience/help. I'll let you know what happens..........

 

Thanks

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