Some advice please

[whatamess]

Hi

 

I need your advice on 2 things please:

 

1, Creditor has no CCA for me and admits that, had 3 door calls and I have sent tons of letters etc, they have now defaulted me been charging me £15 everymonth i dont pay, and have now sent me another letter charging me another £50 and demanding full payment with in 7 days or they are taking me to court - Where do i stand with the court threats, can they take me to court when they have no cca? Are they just trying there luck 1 last time to try and get me to pay?

 

2, Creditor has no CCA they say it is in archive and would cost them too much money to get out, have sent me to DCA i sent letter back to ask why as account is in dispute, get another letter today from them to say they know they cant take me to court as my cca is in archive and if i want a copy i have to send them £10 to get it out, I know they have not got one for me as i never signed anything - Are they testing me to see if i sent the £10? Why do i need to send the £10 what shall I do? Just ignore them knowning full well they cant do anything or do i send the £10 see what they send back to me?

Really appriciate any replies on these matters.

Thanks x

[dx100uk]

report both to the FSA/FOS

 

what they are doing is ilegal and against guidelines.

 

dx

[whatamess]

Hi

 

Thanks for you reply, if i report them to the FSA i will just end up with another number that has complaint about them it's not really going to help the situation as it stands now, if they choose to take me to court what will happen can they take me to court without a CCA?

 

Thanks

[42man]

Have they confirmed in writing that they do not hold the agreement ? if they haven't then try using CPR31.16 (this won't cost you anything unless you apply to the courts for disclosure - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html - this cagger did - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish-3.html#post2119750

and sometimes attack can be the best for of defence - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/115280-useful-information.html

[whatamess]

Yes both have written to me and told me they do not hold one for me, well one is saying its in archive but i know this is bull.

[dx100uk]

well if they have dfaulted you & charged you when the A/C is in dispute you have a clear case of complaint to the FSA or whoever.

 

p'haps your best be is to just ignore them.

 

doorstep callers can do nothing anyhow.

 

tell them to go away

 

dx

[whatamess]

Yes I think i will take your advice and ignore them as they know they cant do anything else right? I think im more worried about the court action more then anything so i shall just leave it and see what happens, the amount of money they will be taking me to court about im sure there court cost would amount to double and i cant see it being worth there while.

 

Thanks again.

[diamondgirl]

More doorstep collectors - all I can say is they must have somewhere very large to store all the doorsteps that they collect. Tell them go shove themselves remember never let them in.

 

No CCAs wouldn't look very good in court anyway but doubt if they would take you there anyway.

 

DG