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Unsigned CCA & solicitors letter threatening court action


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Hi all

I have an ongoing promlem and I need some advice on the next step to take.

I did a CCA request on the original creditor back in June, apart from the fact that they breached the CCA by not sending within the OFT's stated time constraints for which I reported them to TS, they also eventually sent me an unsigned copy of the act (I knew I hadn't signed one). Since then the original creditor has passed me on to a DCA who wrote to me threatening all sorts of action so I wrote to tell em that as the CCA was unsigned, the debt was unrecoverable (at this stage I have to say that I do intend to pay the debt, however my offers of weekly payments have been ignored-they want the whole lot-now). This morning I have received a solicitors letter informing me of notice to commence court action on behalf of their clients the DCA within 7 days.

I have a couple of queries from the Guru's of this board who know so much more than I do:

1. Is the solicitors letter a 'frightener'?

2. Are they, knowing the CCA is unsigned, likely to start court action?

3. Any suggestions on my next step?

 

I am dead scared, the solicitors letter has really shaken me and I fear a knock at the door.

 

Any advice ever so greatly appreciated.

Thanks x

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Solicitor's letter is nothing more than a frightener, they would not look good in court if you showed you have already recently made them a weekly payment offer.

 

Just pay them what you have offered anyway, they are not allowed to refuse payments, and if they don't like it, tough

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read this for options, unsigned unenforceable in the courts and possibility of getting your money back from them and any default removed, if you have admitted the debt may be a problem, but you can say you have little recollection and have been intimidated into paying it I suppose,

http://www.consumeractiongroup.co.uk/forum/other-institutions/10900-loan-company-cannot-supply.html

 

Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

 

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An unsigned aggreement is not an aggreement......

I would fight it (but thats just me )

 

If its unsigned how can they prove it

you could probably get any money paid back as well

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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