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mintymanda

kwik fit card

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I hope this is the right place to post this. I read somewhere on here about a lady who was contacted from a company who said she owed money from back in 1997. She was given some great advise on what to do. Now my problem is many years ago my husband had a kwick fit card. He got a bill in and refused to pay it as he believed that they had added things on that he had never had such as wheels etc. Now recently he has received a letter about this from a debt recovery company and I have told him not to contact them yet let me see what I can find out first as he believes that this debt is from over six years ago and that it is not fully his away. Is there a letter I can send them asking for details of what the charges are for and from what dates such as statements and then if these are from over six years ago and not things my husband had can we do anything about it as this is the first time we have heard from them since he stopped using the card.

 

Thank you in advance for all your help and fantastic advice

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Alter this to suit, good luck.

 

Dear

Account Number:

I do not acknowledge any debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 cheque in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the Consumer Credit Act 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act 1974 and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Yours sincerely

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And moving it to the debt & bailiffs forum, where it will be seen by more people in the same kind of situation.

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is it not statue barred?

 

he believes that this debt is from over six years ago and that it is not fully his away.

 

 

I think the key word is "believes" here.... Bottom-feeders DCAs have a habit of poking their dirty snouts just before the 6 yrs limit is up, so a CCA request is quite reasonable to start with. No good stating "statute-barred", then it turns out it wasn't, I would have thought. :-)

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No good stating "statute-barred", then it turns out it wasn't, I would have thought. :-)

 

very true, allthough the onus would be on the dca to prove the debt wasn't statute barred.

 

the £1 cca request should allow mintymanda to be furnished with a copy of the statement of account, from that they will see how things stand.

 

best of luck with it!

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Thank you very much for all your replys. I will send a copy of the letter above and hopefully will be able to put an end to this matter. 2007 is a year for getting our finances in order so here goes.

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