What would you do ?

[jezlee9707]

Hi everyone,

Many moons ago I had a HSBC CREDIT CARD. I couldnt pay it and after a while I was paying minimum payments to a firm called Metropolitan collection services.

They then sold the debt to a company called Phoenix Recoveries (UK) Limited S.A.R.L., who then appointed Marlin Financial Services to manage the account, no payments were made after this switch, this was in 2007, I asked them to send me a CCA this was sent in 2008, to this day they never sent the CCA, then last week I recieved a letter from a solicitors Called Mortimer Clarke, The letter stated they had been instructed by phoenix because I had failed to pay or agreed to pay a reasonable payment and they are now going to commence debt recovery if I do not settle or agree to a satisfactory payment agreement, they also posted a income and expenditure form, so Do I have to fill out this form, or should I send them a nice letter stating my lack of a credit agreement, what is my best option, many thanks to you all in advance.

[ozzywizard]

If your asking what I would do, then the answer would be nothing. you are not obliged to send the income and expenditure form out and you have allready issued a request for a CCA and it has not been adhered.

The account is now in dispute and if it goes on for 6 years (5 if in Scotland) it will become statue barred and they have no claim on it then and any defaults will be removed. Unless they apply for a CCJ then you would enter a defense but I doubt that will happen.

[cerberusalert]

Send the solicitors this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/575-letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request-

[veryweary]

Definitely wouldn't send them and income and expenditure form, as they have no right to ask for it.

 

As you've already asked for a copy of your CCA then you could send the 'Bemused' letter to Mortimers which basically says you're surprised to recieve their letter as the aleged account is in dispute due to thier failure to comply with a CCa request made in 2008.

[twofoot]

I agree, I wouldn't be paying. The bemused letter is a good idea but don't use your normal signature. They can't trash CRA file because that should have been cleared of this debt. No way will they have a valid CCA so they can only send threats, and there will be a few of them to come. I think you are pretty safe so don't let it get to you.