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Kryt
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Hi,

Feeling rather better about myself at the moment, so going to make another attempt at sorting things out.

Had a few CCA's back, mostly all OK and have written back asking to arrange payments, frozen interest and charges cancelled etc, will see how that goes.

 

However the one I have had doubts about , Reliable Collections (on behalf of Ambrose Wilson catalogue) have supplied one and I would like to check with yourselves where we stand with it.

 

They have supplied a "copy"of a standard agreement onto which they have hand written in blue biro my wifes name, incorrectly. Her name on the account is Miss Ann, and they have put her married name despite 1. that not being the name used in any correspondence and 2. not being the name on the account full stop.

 

I will type their accompanying letter as its quicker than scanning it :

 

Dear Miss Mallard: (should be miss ann!)

 

We thank you for your recent letter, the contents of which we note.

 

In relation to your reuest for a copy of the executed agreement under section 78 of the Consumber Credit Act, I would refer you to regulation 3 (2)(b) of the Consumer Credit(Cancellation Notices and Copies of Documents) Regulations 1983. In it you will see that there is no requirement to provide a photocopy of the agreement bearing your signature; it is sufficient that we supply details of the Terms and Conditions to which you have agreed. We are therefore enclosing a copy of the type of Credit Agreement sent to you when you opened your account in October 2003, therefore, having been provided with this "true Copy" there is no basis for you to either allege that you are exonorated from payment under the agreement (or that we remaned in beach (typo included) of our obligations under the Act).

 

In this case, we would like to make it absolutely clear to you that should you take the decision not to make any further payments to the account, the fact of your non-payment will be registered with a licensed Credit Reference Agency. This record will remain for a period of 6 years and which might in turn make it difficult for you to obtain credit in the future.

 

Please clarify your position in writing.

 

** end

 

As far as I'm aware, although what they are stating is true and correct (so i think) they would need to provide a signed copy should it go to court. However would these written on details have any bearing? Certainly nothing was signed when the account was opened.

 

These people have been morons so far and have phoned my wife twice chasing for immediate payment or else, and even had the cheek to write to us demanded payment prior to us receiving the CCA (received letter monday, CCA today (tuesday) - leading me to write to them this morning saying they are in no legal position to demand payment from us until the CCA is dealt with and we do not acknowledge the debt.

 

Where do we go from here?

If it doesn't Moo, don't stroke it!

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As far as I'm aware, although what they are stating is true and correct (so i think) they would need to provide a signed copy should it go to court. However would these written on details have any bearing? Certainly nothing was signed when the account was opened.

 

they have sent you an agreement so they've met their requirements under the CCA. you are quite correct, for court action they would need to furnish a correctly executed, signed agreement under s60,61 and 127 of the act.

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The agreement is however quite clearly more recent than 2003 - although they stated it was correct "at the time" the charges stated in the agreement are £12.50 and this is surely far too low for the time - they'd have milked charges for all they were worth. Trouble is, not having ever seen an agreement from them, how would we have possibly known...

 

Also worth noting again the name on the account is incorrect - from an unknown source they've gained my wife's new married name which isn't the name on the account, unless they've changed it without us knowing. Surely they can't do that?

If it doesn't Moo, don't stroke it!

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