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What do I do Now?


Dave44
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I did start a thread way back in Sept. '06 under the heading " New Member big problems" but it is so far back that I thought I had better start again.

 

After sending a letter requesting a copy of the agreement to Legal & Trade I received a letter dated 17th October from L&T saying they had requested a copy of the agreement from their clients BOS.

At the beginning of November I received a "Notice of Legal Proceedings" from L&T. I wrote back saying the matter was in dispute and that I was still waiting for a copy of the agreement.

On the 4th Dec. I received a letter from Hollis Briggs Solicitors saying the had been asked to recover the money for L & T and another letter from them Dated 11th Dec. saying I could pay by Credit or Debit card.

I then received yet another letter from them dated 20th Dec stating it was a final demand before court action.

On the 22nd. Dec I sent a reply to Hollis & Briggs stating the the matter was in dispute and enclosed a copy of my letters to L & T.

I then heard nothing back from H & B but received a letter dated the 7th January from L & T saying that Hollis & Briggs had been in touch with them and that having reviewed my account noted that I had still not received a copy of the agreement.

On the 1st Feb. I received a letter from L & G enclosing a copy of the agreement.

My question is as it is now 19 weeks since I requested a copy of the agreement are they in default and so the debt is unenforceable or do I just contact them and make arrangements to pay of the debt ? As I understand it they are in default of the Consumer Credit Act. for not providing the information within the 12 working days + one month. Having long exceeded the time do they now need to go to Court to claim the debt?

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Dave you are right. They have committed a criminal offence [and if all you

received was just copy of the original agreement, they stil have not fully

complied with the Act] and will need to obtain a Court order before they can

even begin to pursue you for the debt.

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Thanks Lookinforinfo so do I now sit back and wait for them to contact me again or should I report them and if so who too ?

In the letter enclosing a photo copy of the agreement they say "Our client has instructed us to collect the balance on their behalf. Can I please ask you to contact us at your earliest convenience with your repayment proposals.

Your account remains on hold a further two weeks to allow time for your response.

Should I write stating that as they are in contravention of the Credit Consumer Act. the debt is no longer enforceable ?

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