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[Vamps]

Swmbo has had a letter from a Debt collection agency.   Demanding immediate payment of £925  threatening a visit and Court if not paid.
The company say they are representing ‘Studio’ which is a Catalogue that tends to be Christmas things.
Now she has not bought anything from them since Christmas 2007 and then it tends to be small amounts purchased, less that £100.
The goods are delivered and then paid for on invoice. She seems to think that she had a ‘credit limit’ of £900

We have had not letters from Studio and have not paperwork as Carole has disposed of any paperwork as all invoices were paid.

She has contacted Studio, who say they are unable to give any information as they have passed on everything to a Debt recovery agency.

They were not contactable today, and she has made arrangements with Studio to get them to ring her tomorrow tea time.
All we can think of is that somehow someone has ‘Cloned’ her account, but that does not explain the lack of invoices or other contact by Studio. But does explain the amount of money involved.

I am suggesting to Carole that she asks for copies of orders, deliver address and proof of delivery, any other suggestions?

If we went to Court I assume they would have to provide this information to try and prove their case, any suggestions welcome.

[KillerWatt]

Respond with a letter as follows.......



*Mrs Vamps
Some house somewhere
In a town
In a county*


Whoever Credit


Your Reference number : *fill in the reference number they gave you*



I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of the credit agreement on request.

Your obligation also extends to providing me with a statement of account.

I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act, and I understand that a copy of the credit agreement should be supplied within 12 working days from the date of receipt of this letter.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 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.

In summary,

I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

1. True copy of original credit agreement.
2. Statement of account.
3. Copy of the executed deed of assignment.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA 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.

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and will be viewed as harassment.

I look forward to hearing from you within the statutory time limit.


Above all, do NOT sign the letter.....just write it as above (with the relevant bits to your case filled in the blanks) and post it off.

[Mr Skrunts]

Sock iy to em Mike and keep us informed.

brilliant reply from killer Watt, but as he says, dont sign it as they then have your signature..

[Vamps]

Respond with a letter as follows.......



*Mrs Vamps
Some house somewhere
In a town
In a county*


Whoever Credit


Your Reference number : *fill in the reference number they gave you*



I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of the credit agreement on request.

Your obligation also extends to providing me with a statement of account.

I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act, and I understand that a copy of the credit agreement should be supplied within 12 working days from the date of receipt of this letter.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 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.

In summary,

I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

1. True copy of original credit agreement.
2. Statement of account.
3. Copy of the executed deed of assignment.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA 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.

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and will be viewed as harassment.

I look forward to hearing from you within the statutory time limit.


Above all, do NOT sign the letter.....just write it as above (with the relevant bits to your case filled in the blanks) and post it off.

That sounds great, she is worried There would not have been a credit agreement, order - invoice -pay.
Should I add to the list of demands, information of delivery address and proof of delivery?

[Turk]

That'll do nicely as a warning shot across their bows. Implies you're not gonna just accept it and know what your talking about.
Well done KW 

[Vamps]

We have such a wide range of people and consequentially, knowledge / expertise on OOF that I feel anyone can ask anything and there will be someone who is knowledgeable on the subject....

[Vamps]

Can I write that Letter, in my name, on her behalf? we have different surnames

[albitz]

That is a very impressive looking letter from 20 watt.

[KillerWatt]

Should I add to the list of demands, information of delivery address and proof of delivery?

No, just write it as is and use Royal Mail Special Delivery so you have proof it has been received.

[crazyjoetavola]

Straight to the jugular - he's not the Killer for nothing you know 8-)

[theowletman]

Now that's what I call a letter.

[Chris_H]

Swmbo has had a letter from a Debt collection agency.   Demanding immediate payment of £925  threatening a visit and Court if not paid.
The company say they are representing ‘Studio’ which is a Catalogue that tends to be Christmas things.
Now she has not bought anything from them since Christmas 2007 and then it tends to be small amounts purchased, less that £100.
The goods are delivered and then paid for on invoice. She seems to think that she had a ‘credit limit’ of £900

We have had not letters from Studio and have not paperwork as Carole has disposed of any paperwork as all invoices were paid.

She has contacted Studio, who say they are unable to give any information as they have passed on everything to a Debt recovery agency.

They were not contactable today, and she has made arrangements with Studio to get them to ring her tomorrow tea time.
All we can think of is that somehow someone has ‘Cloned’ her account, but that does not explain the lack of invoices or other contact by Studio. But does explain the amount of money involved.

I am suggesting to Carole that she asks for copies of orders, deliver address and proof of delivery, any other suggestions?

If we went to Court I assume they would have to provide this information to try and prove their case, any suggestions welcome.

If legit, it would be very unusual for that to be the first communication!

I have had a couple of run-ins with service companies who have 'told me' that I (or a charity that I run) owe them money. By the time the 10th or 15th threatening letter arrives you will be quite immune to it.  They have letters from bailiffs as well and like to point out the difficulties of living with CCJs against your name.

If you are of weak constitution then you may need to find a way out, but if you are confident that no money is owed, I would bluff it out.  It is likely to cost them quite a bit of money/time to engage the services of credit collection companies.

Sadly I am 'hard as nails' to these people now.

PS. The Water Company that tried it on with me had another department that gave compensation to people who were not responded-to within 10 days and I racked-up quite a profit on that one!

Keep one eye in the lady in case she can't take the strain. 

Oh! And keep a diary of all correspondence with dates.

[Vamps]

Swmbo has had a letter from a Debt collection agency.   Demanding immediate payment of £925  threatening a visit and Court if not paid.
The company say they are representing ‘Studio’ which is a Catalogue that tends to be Christmas things.
Now she has not bought anything from them since Christmas 2007 and then it tends to be small amounts purchased, less that £100.
The goods are delivered and then paid for on invoice. She seems to think that she had a ‘credit limit’ of £900

We have had not letters from Studio and have not paperwork as Carole has disposed of any paperwork as all invoices were paid.

She has contacted Studio, who say they are unable to give any information as they have passed on everything to a Debt recovery agency.

They were not contactable today, and she has made arrangements with Studio to get them to ring her tomorrow tea time.
All we can think of is that somehow someone has ‘Cloned’ her account, but that does not explain the lack of invoices or other contact by Studio. But does explain the amount of money involved.

I am suggesting to Carole that she asks for copies of orders, deliver address and proof of delivery, any other suggestions?

If we went to Court I assume they would have to provide this information to try and prove their case, any suggestions welcome.

If legit, it would be very unusual for that to be the first communication!
I have had a couple of run-ins with service companies who have 'told me' that I (or a charity that I run) owe them money. By the time the 10th or 15th threatening letter arrives you will be quite immune to it.  They have letters from bailiffs as well and like to point out the difficulties of living with CCJs against your name.

If you are of weak constitution then you may need to find a way out, but if you are confident that no money is owed, I would bluff it out.  It is likely to cost them quite a bit of money/time to engage the services of credit collection companies.

Sadly I am 'hard as nails' to these people now.

PS. The Water Company that tried it on with me had another department that gave compensation to people who were not responded-to within 10 days and I racked-up quite a profit on that one!

Keep one eye in the lady in case she can't take the strain. 

Oh! And keep a diary of all correspondence with dates.

My first thoughts were that it was a con, but once she rang the catalogue company this seemed to confirm that it was legit. We don't owe the money so will fight tooth and nail.  just we could do without that hassle at the moment..........

[ScottieMV6]

Excellent reply from KillerWatt. As he says send it as it is and DON'T sign it. 

[Lizzie_Zoom]

That is a brilliant letter KW, and I know that should do the legal trick.

Took on Abbey National once over bank charges and obtained £2,000 from them, including my costs.

In other words it is always worth using the correct legal approach, and mean it when you threaten court action against them.

I have also achieved this by telephone with a mail order company who had duplicated my account, and once I had explained the legal situation and how they were causing harassment and were acting outside the legal criteria, giving them 2 hours to confirm that they had closed down the account and ceased legal action thety confirmed within 30 minutes!

Use KW excellent letter and being resolute is the secret with these rouge companies