DMP and next

[debtstruggle]

Hi there,

I have a DMP with the cccs, have been on it since July 2009 now.

 

Next have accepted an offer of £5 per month, they accepted this when the plan started in July 2009.

 

Thing is, recently they have sent me letters, this has happened twice and both are letters saying sign the enclosed credit agreement and send it back to us so we can accept your offer.

 

I'm thinking if I sign this, then they have a credit agreement signed by me, which I don't like the idea of.

 

Would you guys sign it and send it back? or keep ignoring it like I have been so far?

 

Cheers.

[dpick]

Do not sign I would say that this agreement could be prior to April 2007 and they do not have a signed agreement so would not be able to enforce in court. They want you to sign so they then have a current agreement they could enforce.

 

dpick

[debtstruggle]

This is exactly what I thought.

 

There is no way I'm going to sign it, just incase thats what they are after.

 

Maybe I should send the CCA letter to them anyway?

Along with all my other creditors.

 

I posted about doing this a while ago but I printed the letters and put them away safely until I could afford the postal orders to sent them off, then things took priority and they got forgotten about, I think its time to reprint and send them all off.

 

What do you think?

 

Also, if these companies can't prove my debt, what are the possible retaliations they may do if I stop paying them?

 

Thanks in advance.

[alfwithhair]

There is no just in case about it. They want you to sign an enforceable agreement as they probably don't have one, as is the case with most pre 2007 Next account. DO NOT sign it under any curcumstances.

 

Is there a considerable balance outstanding?

 

As for consequences of not paying them, they will hounds your with constant letters and phone calls demanding payment and will almost certainly stuff your credit file up with a big black Default. There pet monkey solicitors Howard Cowen will threaten court action, but apart from that, there is not much by way of legal enforcement they can do without a signed agreement.

[debtstruggle]

Does that apply to the other creditors too?

 

To be honest, the balance with next is ridiculous, last time I looked it was about £80.

 

I won't be signing the credit agreement they keep sending, although they seem desperate as they have now sent 2!

[alfwithhair]

they will not take any court action for that amount

 

I would cca next, they will have nothing they never do, they will just send you a blank agreement.

Then once you have established its unenforceable, dispute the account and offer them a F&F offer of 10% of the balance an the condition any adverse data on you credit file is removed, the account is marked as settled and they will not sell or attempt to collect the remaining balance at a later date. Get this in writing before parting with any money.

 

Do not discuss anything regarding the request on the phone