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Please help!! / Next / Doorstep collector


jed2004
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Next are passing my details onto a dca to collect my debt owed, I did try to come to an agreement with them to pay in lower payments but they said it was out of their hands now, The thing is when i applyed for the account all i filled out for a tiny form at the bottom of a card in the shop, I was never sent a credit agreement or anything to sign, So should i send them a cca and what are the likes of them sending me a fake lol thanks

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Hi.

Im not at the dca stage yet but i have cca's next and the response's i have received etc are on my thread:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/182426-next-directory-cca-advice.html

 

This will give you an idea as to what to expect.

 

BTK

Cabot At Court Stage

Barclaycard Settled, Amount Written off :D 12/02/09

Cabot At Court Stage(2nd account)

Skycard Now with Capquest, Threatinging SD

Next No CCA received, in dispute sent. Nothing heard for over a year

HSBC No CCA received, in dispute sent

EGG S.A.R sent 04/02/09

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Thanks just read it, I never had one of those forms so i don;t know what they will supply me when i cca them, All i filled and signed was a little form that just asked my name and address thats it. I never had anything to sign like that!!

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  • 5 months later...

debt managers ltd have admitted next was unable to provide them with a true copy of agreement and have sent another letter offering a settlement opportunity!! And also states a dishonoured payment will make any offer void and the full balance becomes due immediatlely!! What would be the next letter to send them!! I could actually hand deliver it lol as they are based about 10 mins from my house .

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If it was me I would make a call on them and see one of the customer reps about payment. Then tell them I have money to pay a debt, when they ask which debt, just tell them 'Not yours' and then explain to them you are going to put it on the lottery and if by some stroke of luck that you would win a large amount of money tell them you still will not pay their debt!

 

Then light up a cigar and walk out.

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Best to keep things on a sensible professional level....This has worked for me

 

 

Letter before Action

Dear Sir/Madam

 

Re: − Account/Reference

 

I refer to our recent correspondence regarding the above account where I requested a signed copy of the credit agreement (which you have not been able to produce) and do not recognise any liability to you or your legal right to pursue this alleged debt.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. The following examples are from high court and the court appeal case law which backs up any legal defence, or counter claim under Consumer Credit Act 1974 s.142

 

Wilson v First County Trust Ltd [2001] EWCA Civ 633, Sir Andrew Morritt, Vice Chancellor said:

• The creditor must…be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid

 

In the case of Dimond v Lovell [2000] UKHL 27, Lord Hoffmann said:

• Parliament intended that if a consumer credit agreement was improperly executed, then subject to the enforcement powers of the court, the debtor should not have to pay.

 

Should I wish to pursue court action there are firms now willing to do this on a no win no fee basis based on CCA2006 s.140 Unfair Relationships and this would incur considerable expense to your self both in litigation costs and my legal costs and the refund of all monies paid by myself

 

As a compromise I suggest you write off this alleged debt and remove all reference from my credit files.

 

Should I not receive a satisfactory reply then I will be considering enforcing my legal rights through the courts and would suggest you pass this letter to your legal department for their attention.

 

Yours faithfully

 

Live Life-Debt Free

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Lol.....best to send the letter as they have admitted no CCA so now's the time to be serious rather then flippant and really put the right kind of pressure on

Live Life-Debt Free

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Best to keep things on a sensible professional level....This has worked for me

 

 

Thankyou i'll get that sent asap, And thanks to everyone else i've had a good giggle absoultely brilliant :D :D :D

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Forgot to mention...I've taken you to court for unfair charges on my debt, judge ruled in my favour, I told him you wouldn't pay he has let me employ my own baliffs to come and get the money...

news-graphics-2007-_636982a.jpg

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I am really rather confused now and hope someone can advise of the next step to take!! After the debt managers ltd who have been chasing this debt has admitted they can not provide me with a cca i was a bit taken back to recieve a letter from Next this morning with what they are saying is a true copy of agreement attatched!! Now im no expert on what it should look like but this is just a piece of paper stating the terms and conditions!! There is no signitures nothing all!! I'm afraid i can not scan it or anything as i don't have a scanner but basically all it is is terms and conditions. On the letter they have sent they have said next are not required to provide me with a signed copy of the agreement we are only required to provide a true copy and a true copy is enclosed :confused: a default entry will therefore be made on the credit refrence file and next will continue to seek payment of the balance.

 

What should i do now?? And do i reply to next or debt managers i'm rather confused lol

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