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5 1/2 years later they have found Credit Agreement


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Well 5 1/2 years after our last payment on a old credit card

- plus 2 letters from the company saying they didn't have the agreement

- we have now been contacted by equidebt who say that they have the agreement,

which they have sent,

and want all £8000 back now.

 

I thought it all seemed to good to be true:-(

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Is this definitely your agreement ? Does it contain all the relevant information, including the terms and conditions ?

 

May be worth you scanning the document, after removing any identifiers and posting up a link to photobucket or similar. Then people can have a look, so can advise what the best way forward is.

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May be worth you scanning the document, after removing any identifiers and posting up a link to photobucket or similar. Then people can have a look, so can advise what the best way forward is.

 

Agreed! Post it up :)

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You can use this method

 

Dx100 – Instructions on uploading pdfs

 

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

 

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Even if it is enforceable you may be able to come to an agreement on a f&f if you can raise funds or even a repayment plan....

 

But post up the agreement minus identifying marks and we'll take a look.

 

S.

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what does your ca file regarding this debt?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Other wiser people than me can advise you better, but I don't think I'd do anything immediately.

Check the default date, after 6 years it's statute barred and that reduces their options, not long to go.

 

Maybe a SAR could give you a bit of time to seek advice, and will give you a better idea of the situation/evidence they have. You really do need to post up documents though so the experts can advise you.

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Other wiser people than me can advise you better, but I don't think I'd do anything immediately.

Check the default date, after 6 years it's statute barred and that reduces their options, not long to go.

 

Maybe a SAR could give you a bit of time to seek advice, and will give you a better idea of the situation/evidence they have. You really do need to post up documents though so the experts can advise you.

 

The default date does not necessarily define the statute barring calendar. An account could be defaulted, but payments made after without remedying the default.

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Oh wow!! thanks guys. I will try to work out how to use the scanner! 5 1/2 years is from the last payment made - after this we asked for the CA although not sure on the date of this now as it was all on an old computer that has long since died. SAR may be the way to go!

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Looks like a microfiche copy of an mortgage credit card?

 

I notice on PPI neither the Yes nor the No is ticked, would be interesting to see what they did in this instance, have you any of the statements that show whether PPI was being paid?

 

No terms and conditions on the form so assume they are saying you had them alongside and they are referenced somewhere on this piece of paper. Actually I've just seen a reference in the declaration that states terms and conditions overleaf. Have they supplied the original terms and conditions separately?

 

S.

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Thank you the shadow

yes it was linked to a mortgage. Not sure about the PPI - can't find anything :-(

This is all they have sent - no terms and conditions. They are calling loads now - my 8 year old daughter answered the phone when i was at the shop (her dad was here), they asked for me and when she said i wasn't here they as good as accused her of lying!

Please help

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Well if this was in response to a s77/s78 request then they've not compiled until the t&c are supplied, the fact is tho that they will either chase hard for the next 6/7 months to hopefully get you to slip up and pay something which will reset the Stat barred status or they will issue proceedings if confident of there case.

 

If it was me and this close to SB I would be inclined to wait for their next move, I'm afraid it does leave you open to doorstop collectors/threatagrams and excessive phone calls in the meantime however.

 

S.

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what does you cra file say about the default date of this debt?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes it is the agreement. No idea if it is enforceable! I expect so as it was with a big company some 12 years ago.

over 5 years to find a cca? and no t&c's that's a bit iffy.

 

big companies are the worst for compliance. they seem to think that the rules don't apply to them.

 

 

 

As shadow has pointed out, the ppi boxes aren't ticked. could be some reclaiming there. Might even end up with them owing you money. LOL

Illegitimi non carborundum

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It refers to the T&Cs being overleaf. If they could supply these, they may comply. But no compliant T&Cs is a problem. They are not supposed to reply to a CCA request piecemeal - case law states you should have a single, complete response.

 

So, did they supply any T&Cs at all?

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Who exactly is calling you?

 

I think that you need to send a letter of complaint, insist that they stop the phone calls as you are disputing this and - if no T and Cs, they have not complied with your CCA request.

 

Use the harassment letter for starters and make sure that you tell them you are complaining to trading standards and OFT

 

 

http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter

 

 

They should not phone if you have requested them not to - if they do phone - say 'in writing only' and hang up. Keep a log of the calls

Please support CAG and they will support you.

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Correct me if I'm wrong, but to comply with a CCA request they must supply a copy of the agreement together with T&C's (as mentioned previously) and a statement of account, as per OFT guidelines. As such, I would write back to them arguing that they have failed to comply with your request and the account remains unenforceable as they have failed to provide all the information required under the CCA request.

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Yes it is the agreement. No idea if it is enforceable! I expect so as it was with a big company some 12 years ago.

 

Correct me if I'm wrong, but to comply with a CCA request they must supply a copy of the agreement together with T&C's (as mentioned previously) and a statement of account, as per OFT guidelines. As such, I would write back to them arguing that they have failed to comply with your request and the account remains unenforceable as they have failed to provide all the information required under the CCA request.

 

You are not wrong and I would agree that they have not complied.

 

They should provide terms and conditions from inception and current, plus a statement of account in order to comply.

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