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giddens51
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Hi,

 

My query is to do with a fixed term unsecured personal loan that I took out in July 2007. I have paid every payment up until 6 months ago, and now have been strugglling financially.

 

I received 4 "notice of sums in arrears" statements dated within days of each other, 1 stating I owed £17k with £4k in arrears; 1 stating I owed £23k with £17k in arrears; 1 stating that I owed £23k with £23k in arrears and then finally 1 that stated I owed £0 with £0 in arrears.

 

After this, I received a letter dated 16/11/09, from DLC with a letter from my creditor enclosed, to advise that they had been sold my account wef 13/11/09.

 

What shall I do next? Can anyone help me with this please.

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Send a CCA request to see whether the agreement was enforceable http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

As it stands now, because of the defective DN & the unlawful rescission of contract all they can claim are the arrears, the balance of the debt is uncollectable. However if the CCA is unenforceable the arrears would be uncollectable too. ;)

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  • 3 months later...

Update!!

 

Dlc Have now sent me a letter claiming that they are unable to obtain the credit agreement and that I quote "under the Consumer Credit Act 1974, we would like to draw your attention to the recent ruling in the case of McGuffick V RBS judgment dated 6th October 2009 and that the account will be passed back to the collection team for collection activity to resume.

 

This sounds like a clutching at straws letter to me, I would like to know what a site team member thinks tho.

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That case has no bearing unless you take them to court, if they take you they will still have to produce an enforceable agreement... not that it matters because of the defective DN and the unlawful rescission.

 

If you're interested in that case have a read through Dissecting the Manchester Test Case.... - The Consumer Forums

 

You need not do anything now until they make their next move.

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  • 7 months later...
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