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Posted: **Mon Nov 12, 2007 9:18 am**

Storm

I was hoping you or anyone that understands the following may be able to help. I have just had a call from an existing client who has received a letter from a debt collecting company requesting payment or offering a one off reduced payment to close the account. The issue here is that my client doesn`t know what the letter concerns and feels as though the collection agency have just plucked her name from a directory and sent out this letter because she has never dealt with them before. Is there any specific documents that they need to provide her with to legally show that she owes monies to them, it seems daft in that letters could go out to anyone demanding payment surely there must be some sort of paper trail of the account somewhere. Any help would be appreciated as I am to ring her back when I have information and don`t feel knowledgable enough to say the right thing at present. Tony

Mortgage Broker
See me interviewed on IVA TV:
http://www.iva.co.uk/tv/default.asp?id=156

Posted: **Mon Nov 12, 2007 9:30 am**

Tony

We always suggest sending a standard request for a copy of the consumer credit agreement that would identify the debt.

FREE ADVICE IS THE BEST ADVICE

LEYBRIDGE LIMITED
Mortgage Broker & Mortgage packager
Specialising in adverse credit.

Firm FSA No:313790
Personal FSA No:MJB01557

see feedback and testimonials at:
http://www.leybridge.com/testimonial.php
Check out my blog at:
http://mikebdomain.blogs.iva.co.uk/
Please read our Initial Disclosure Document(IDD):
http://www.leybridge.com/Leybridge-IDD.pdf

Posted: **Mon Nov 12, 2007 9:41 am**

Thanks for that Mike, are they obliged to send one. Do companies just randomnly send demands to people that have no business with them just purely speculatively. Tony

Mortgage Broker
See me interviewed on IVA TV:
http://www.iva.co.uk/tv/default.asp?id=156

Posted: **Mon Nov 12, 2007 9:51 am**

I have known it in the past, after a request for a copy of the consumer credit agreement the problem generaly goes away. the standard letter we use is as follows;

Letter to debt collector

Copy of letter to use if debt has been purchased by a debt-buyer. Enclose a £1 postal order in payment of the statutory fee and send by Recorded Delivery. They have 12 (working) days to respond. If they don't supply it within 30 days, they've committed a criminal offence. Report them to your local Trading Standards office.
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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 postal order in payment of the statutory fee, PO Serial Number xxxxx.

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 CCA 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 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

This must be sent registered

FREE ADVICE IS THE BEST ADVICE

LEYBRIDGE LIMITED
Mortgage Broker & Mortgage packager
Specialising in adverse credit.

Firm FSA No:313790
Personal FSA No:MJB01557

see feedback and testimonials at:
http://www.leybridge.com/testimonial.php
Check out my blog at:
http://mikebdomain.blogs.iva.co.uk/
Please read our Initial Disclosure Document(IDD):
http://www.leybridge.com/Leybridge-IDD.pdf

Posted: **Mon Nov 12, 2007 9:57 am**

Thank you Mike that`s a great help. Tony

Mortgage Broker
See me interviewed on IVA TV:
http://www.iva.co.uk/tv/default.asp?id=156

Posted: **Mon Nov 12, 2007 10:01 am**

No problems mate - glad to help, how are you doing at the moment, busy?

FREE ADVICE IS THE BEST ADVICE

LEYBRIDGE LIMITED
Mortgage Broker & Mortgage packager
Specialising in adverse credit.

Firm FSA No:313790
Personal FSA No:MJB01557

see feedback and testimonials at:
http://www.leybridge.com/testimonial.php
Check out my blog at:
http://mikebdomain.blogs.iva.co.uk/
Please read our Initial Disclosure Document(IDD):
http://www.leybridge.com/Leybridge-IDD.pdf

Posted: **Mon Nov 12, 2007 10:16 am**

Yes thanks Mike we are busy and I am managing the health issues much better with the help of my sister who is a nurse so all going well 2008 should be good if God spares me. I have a little bit of work (medical procedure) early in Decemberto get me through my m.o.t. and will be taking about 3 weeks off, having said that nobody wants to see peolpe like me over the festive period but I will be back on 6th Jan. Tony

Mortgage Broker
See me interviewed on IVA TV:
http://www.iva.co.uk/tv/default.asp?id=156

Posted: **Mon Nov 12, 2007 10:34 am**

Good for you, mate - glad to hear things are manageable, nothing more important than your health… We have noticed the market starting to pick up again. Which is nice..

FREE ADVICE IS THE BEST ADVICE

LEYBRIDGE LIMITED
Mortgage Broker & Mortgage packager
Specialising in adverse credit.

Firm FSA No:313790
Personal FSA No:MJB01557

see feedback and testimonials at:
http://www.leybridge.com/testimonial.php
Check out my blog at:
http://mikebdomain.blogs.iva.co.uk/
Please read our Initial Disclosure Document(IDD):
http://www.leybridge.com/Leybridge-IDD.pdf

www.iva.co.uk

Storm we need your help please.