Ex Husbands Debt in my name

[Jedguard]

I know I thought that, it had our name on the top what looks like a print out of Excel?....

 

It also had a credit agreement signed in 1999 along with terms and conditions of an oasis card (again printed off word - nothing with companies details on etc? but there didnt seem anything to link them together and they have asked for me to get in touch within 7 days with a payment plan?

 

I wasnt sure what to do?.... What am I talking about? - I'm still not!?!

[Jedguard]

:confused:Hi, Well two interesting letters here,

 

A) 1st Letter from Capital One (Red & Lowell chasing) -See attached - there are no signatures or anything appart from a letter from Capital One with my address on and a credit Limit, the terms are not signed or anything? - does this stand? what shall i repy to them? I know its not enough so means nothing but what shall I write back to the companies that are replying but dont hold any substance?

 

B) 2nd letter from Buchanan Clark who previously accepted a payment terms - (see attached) now have sent a formal demand??(also see attached) - can they do this as the 1st payment on the agreement isnt even due yet?

 

Any help with the last 3 letters would be greatly appreciated as this is unchartered territory for me now, and a little worrying what they can / cant do and how Im best to reply!

 

Thank you in advance for all your help:)

[harrassed senior]

OK, can't seem to enlarge them much, so cannot read them. Site and my computer together are not happy today.

 

Will try back later, are all letters for the same account or are these differing ones?

[Bazooka Boo]

Attachments are too small, can you add them as a PDF or use Tinypic OR photobucket??

[Jedguard]

Here are the attachments in PDF format - sorry for the delay

 

Thanks

IMG.pdf

[Bazooka Boo]

Thanks for loading them up, much better.

 

Little confusing, the first two docs from Cap1 refer to a CC....although the T&C's are there, I can't see anywhere for the sigs, did you blank these out?

 

The 2nd two docs refer to a Moby acct, where T mobile have accepted monthly payments of £1.42, the only thing that concerns me on this is the added 11.5% 'admin charge', if this has been added by BCW then you WON'T have to pay it, they can go whistle for it, IF, however it states in the T&C ofthe moby contract that T mobile can add an admin charge of 11.5%, then yes it will have to be paid.

As for BCW sending you the Formal Demand for payment, ignore he fools, they are out of the loop now, you have set up a Standing Order with T-Mobile, so these fools are obselete, if however you are paying T-Mobile via BCW, I would get T-mobiles bank details and pay them direct via SO.

[Jedguard]

Hi BB

 

Thanks for your reply - no there isnt any signature, thats my point? shouldnt there be a signature from me - if not they are just standard Ts&Cs and therefore not valid?

 

As for T-mobile -im not sure if im paying them direct - its off their letter giving the bank details to set up the standing order?

 

What shall i write back to these?

 

also your earlier post regarding Apex - what do i need to write back to them? - The companies seem to be trying to send me the documents but noone has yet completely done it? what do i do do i leave it or write back to them saying its not acceptable and to try again?

 

Thanks as always

[Jedguard]

P.s I also recieved another letter cancelling another apparent oustanding debt!!!

[Bazooka Boo]

no there isnt any signature, thats my point? shouldnt there be a signature from me - if not they are just standard Ts&Cs and therefore not valid?

There should at least be two signature boxes, one for you and them to sign, there doesn't need to be any signature in there, but the boxes are required to be on that form, if not, IMO it's not a valid CCA.

 

As for T-mobile -im not sure if im paying them direct - its off their letter giving the bank details to set up the standing order?

You can always ring up T-mobile and ask for their bank details.

 

 

also your earlier post regarding Apex - what do i need to write back to them? - The companies seem to be trying to send me the documents but noone has yet completely done it? what do i do do i leave it or write back to them saying its not acceptable and to try again?

I will have to have a re-read of the whole thread, but if you have sent CCA requests to to all of them, and they have failed to reply within the timescale laid down (12 working days) from receipt of your request, then they should be sent the 'FAILED' letter.

 

Will be back on later..

[Jedguard]

Thanks BB

 

Sorry the post is

The Cheeky So and So's......

 

I recieved a note from the Post Office saying that I had to pay extra as I had mail but not enough postage was paid? (Had to be Debt agency!)..... And it was!

 

Apex Credit had sent me the agreement etc - with no stamp!!! ive attached the statements - it seems a big purchase or something ("Debt Sale - Writeoff cap") happened on 26/09/08 and earlier "Capital Chargeoff" and seems to be a hell of a lot of interest

?

:confused:

 

- I dont understand this statement can anyone else help?

 

Thanks

 

I hope that worked?.....

[Bazooka Boo]

In a word...No!

Not to worry I went back and refreshed my memory on the whole debacle anyway, so what is this letter referring to, which 'alleged' debt?

 

Was this the one where they just printed off two sheets of non attributable figures and words?

[Jedguard]

:-|Hi BB - Sorry yes thats the letter I was (trying to) reffer to.:idea:

[Jedguard]

Hi All,

 

Thank you for your help, I am still getting calls from the following after their letters could you give me any help on what to write to them would be greatly appreciated as ignoring them is worrying me again! -Sorry if you think Im ignoring your advice I really am not and Im very grateful, Im just worried that Im not doing anything about these!

 

I have attached the 3 seperate companies in the Attachments for your ease (sorry for the previous scattered attachments - I understand it didnt help!)

 

Capital One (Originally Lowell) have sent the attached, as far as I know just a printed letter with an account number and credit limit, with credit card agreement on the back? No signatures at all and yet they are saying this is enough? - I understand that surely this doesnt prove anything? but what is my next step? Any assiatance what to will be greatly appreciated!

 

Buchananclark + wells have sent the letters attached in their order 1-4 originally agreeing the £1.42 per month on standing order, then I recieved the 4th letter stating there would be interest and also that i now have to pay the full amount again, and the remainder of the contractual owed will be added to the debt? - didnt I have an agreement or as they say this can be "subject to periodic review" - has it been or are they just doubling up? - any assistance with what to say back would be greatly appreciated as they are now calling every other day.

 

Apex have sent the letters attached with the "Oasis Card" Terms (printed off Microsoft Word by the looks of it). Along with a Credit Agreement which I have signed back in 1999, then there are some "Statements"? that have some payments on but dont show any connection to me apart from my name on the top and an account number which doesnt match up with anything else they have sent me - so shurely it could mean anything or could be anyones?- any assistance with what to say back would be greatly appreciated as they have now called three times in the past two days.

 

Thank you in advance for your assistance - (BB & HS especially)

 

I know this is a lot to ask but it would be greatly appreciated if you could help to send a letter to each of these asking them what they're playing at?!?! - thats what i feel like doing!

 

Sorry Moan over!!!

Capital One.pdf

Buchananclark+wells.pdf

Apex Credit.pdf

[Bazooka Boo]

OK firtsly when they ring, either hang up OR tell them 'everything in writing' and repeat that for every question they ask you, or for every grunt or noise they make.

 

Send them this, http://www.consumeractiongroup.co.uk/resources/templates-library/52-harassment/135--harassment-by-telephone-response-letter-

And keep a diary of events from now on, with a view to reporting them to the Police for the criminal offence of Harassment.

 

CAp one, send them the failed letter. So long as it has been more than 12 days from their receipt of your CCA request, the same goes for APEX, BCW however, IMO I would set up a standing order, NOT a direct debit, for the amount they have stated T-Mobile will accept, then there is very little they can do.

[harrassed senior]

Sound advice as usual BB, been out of the loop for a few days, first the site kept doing silly things, then when that was up, my computer (or rather broadband) went down for 2 days! So, just reading through the catch up, and nothing to add to your excellent advice (oh where have the smilies gone?) smilie face anyway!

[Bazooka Boo]

Go advanced HS, there all in there, I'm gutted that the new CAG has erased your 'Allo Allo' post, that was top dollar!

[Jedguard]

Hi BB & HS - Thank you for your posts!

 

I have already set a Standing Order up with the T-Mobile account so I will keep you updated on that.

 

Capital One (Lowell) have sent a letter in response to the failed letter I sent (See Attached)

Apex also sent a letter in response to the failed letter I sent (See Attached) - both letters in one attachment

 

Do i need to re-send the failed letter stating I note their letter however I am not satisfied?.... sorry that was rubbish wasnt it!

 

Just for you HS -8-)8-)8-)8-)

Follow on Letters.pdf

[harrassed senior]

Thank you both, we appear to have lost our green laughing smilie, still,,,,,,,,,,,

 

 

 

I've gone 'advanced'

[Jedguard]

:lol:I know - have you noticed I think there's about 12 different ways to smile on there now too lol:lol:

[Bazooka Boo]

Lowlifes just want to have the last word, but know they have failed miserably...AGAIN!

 

As for Apex, their attempt to exploit your lack of knowledge is another cause for complaint to the relevant bodies, they may well have a further 28 days according to them, but once they have 'failed' to supply the docs within 12 working days from receipt of your request, it is in dispute, and that is in black & white!

 

Again they simply want to have the last word here, bless them.

[Jedguard]

Is there anything to send to them or just wait for their next attempt?

[Bazooka Boo]

I would wait for their next missive.

[Jedguard]

Hi Guys,

 

Its been all soo quiet..... apart from the continous calls from Apex who are now saying that they have done what we asked for and that they have sent the documentation needed? They have said that they have held their side of the request and that if we have an issue with what's been sent to respond - that they can't do anything about it until I write back to them.

 

I said that wasn't my issue - its theirs!

 

Am I right to do that - should i write a letter?

[Bazooka Boo]

You really do need to stop talking to them over the phone, give a dog a bone and he'll come back.

 

If they ring in the future just laugh at them and hang up, or tell them to put everything in writing then laugh and hang up.

Keep a diary of events with a view to reporting them to the Police for the offence of harassment, you might also want to consider reporting them to OfCom for breaching the communications act also.

[Jedguard]

Hi Everyone,

 

As expected I recieved a letter thismorning from Apex stating that they haven't been able to contact me and are looking to take the case to court - after they sent me the drivel after I requested documentation, and the follow on letter (See all Attached).

 

What can I say to them - I want to send them a letter saying that what they have produced is not related to me and in no way what I requested - how can i do that in the best way?

 

Thanks as always:)

Apex.pdf

Follow on Letters.pdf

Apex Credit.pdf

Edited August 16, 2010 by Jedguard
accidentaly used personal details in attachments