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reply to cca - please advise


pegasus10
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hi

 

i received the following reply back from aktiv capital following a cca request.

 

 

dear mr ......

 

agreement .....

 

we write further to the above matter and your request for documentation/further information regarding your agreement with the above named creditor under sections 77 to 79 of the consumer credit act.

 

in order to obtain this, we have contacted the original creditor as we do wish to provide the information that you require, in accordance with the consumer credit act 1974, in an effort to resolve this matter.

 

unfortunately, in this case, GE Capital has been unable to supply us with the information requested.

 

you have previously acknowledged your debt as payments to the sum of £25 have been received from june 2009 to november 2009.

 

the enforceability of the above account would be determined within the legal process if proceedings were issued.

 

we do not anticipate issuing proceedings at this time as we believe negotiated settlements of debt are always preferable to legal proceedings.

 

we look forward to hearing from you

 

 

 

where do i stand on this? are they allowed to collect on the debt without showing me the original contract? have i messed myself up by previously making payments? (only just learning about all this stuff)

 

thanks for any advice

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They can ask for money and you can refuse to pay and there's not a damn thing they can do about it.

 

You made payments in error against an account you do not recognise. Kindly provide definative legally enforceable proof that there is a matter to discuss. Oh and by the way can I have the money back I gave you in error.

 

- you wont get the money back but they cannot make you pay them any more

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you have previously acknowledged your debt as payments to the sum of £25 have been received from june 2009 to november 2009.

 

the enforceability of the above account would be determined within the legal process if proceedings were issued.

Total bluster, they would have to produce an enforceable CCA to the court in order to obtain a judgement & they've already admitted that they can't do that. :rolleyes:
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