confused and unsure whats next

[bettyboo30]

Hi,

 

I'm new to the forum, having found the group researching a DCA called collect direct. Any thoughts welcome on the following, as I'm not sure what to do or what will happen next?

 

Collect direct have sent me 3 letters and the final letter, gave me 3 days to pay the balance in full or they will commence county court action etc. I prefer to communicate in writing (proof) but I fear 3 days is not enough time to write back

 

The outstanding debt is owed to Ikano,who passed it on to Collect direct, after I offered a full and final settlement amount, which they refused. I have received an enforceable (I'm sure) credit agreement, as it was signed for in June 2007, although it is not signed for by the company and has no right to cancel information.

 

I have read material in the forums re the default process and from what I have read, Ikano have not followed the default procedure accordingly, would this help me in anyway, should it go to court?

 

Stranger still, my credit file is marked as settled, and has been for nearly 2 years now.

[harrassed senior]

Send the DCA the 'prove it letter'

 

Dear Sir or Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

[gweeglzy]

Letters in the post, thanks harrassed senior.

[cerberusalert]

Have a read through http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

 

There is more to making an agreement enforceable than just a signature.