Trustcard debt

[maccadad]

Hi All,

 

My wife had a trustcard which she has defaulted on ages ago, we are currently on the 4th DCA, Wescot, who in my last correspondence to I told them to provide a copy of the CCA, which the others could not do, or to back off. Today she has received a letter that says;

 

"We refer to your recent communication. Having contacted our client they have stated that the agreement is unavailable due to the age of the account. They advise you make a CCA request for a copy of the agreement, and include the £1 fee required for them to process this.

If in the event you believe you still have a valid dispute, please contact us with the details within the next 14 days otherwise your account will be returned to our recovery team for collection."

 

Now forgive my ignorance but if Lloyds TSB do not have a copy due to the age of the account what use is it to request another CCA?

 

They could not provide a signed copy before so how could they provide one now?

 

Seems like a waste of a pound, any ideas what the next move should be please.

[Conniff]

They need that pound, they cannot move forward without that pound, it is essential. Without that pound they will have nothing to add to the account as a payment so any chance of it being statute barred will be put back six more year.

 

You don't 'have' to send anything, if they have proof they would send it. Pay them nothing and if you want to write to them you can tell them they get nothing and it is up to them to prove a debt exists.

 

Have you got any dates ?

 

Have you had a look at your credit file ?

[maccadad]

They need that pound, they cannot move forward without that pound, it is essential. Without that pound they will have nothing to add to the account as a payment so any chance of it being statute barred will be put back six more year.

 

You don't 'have' to send anything, if they have proof they would send it. Pay them nothing and if you want to write to them you can tell them they get nothing and it is up to them to prove a debt exists.

 

Have you got any dates ?

 

Have you had a look at your credit file ?

 

Hi,

 

No and No, not checked credit file and we do not have a date for the last payment, but unlikely to be SB at the moment, will check through statements provided by Wetcloth and post any findings.

 

Any good wordsmiths on here care to pen a response I should send in the meantime.

 

Thanks.

[citizenB]

Hi All,

 

My wife had a trustcard which she has defaulted on ages ago, we are currently on the 4th DCA, Wescot, who in my last correspondence to I told them to provide a copy of the CCA, which the others could not do, or to back off. Today she has received a letter that says;

 

"We refer to your recent communication. Having contacted our client they have stated that the agreement is unavailable due to the age of the account. They advise you make a CCA request for a copy of the agreement, and include the £1 fee required for them to process this.

If in the event you believe you still have a valid dispute, please contact us with the details within the next 14 days otherwise your account will be returned to our recovery team for collection."

 

Now forgive my ignorance but if Lloyds TSB do not have a copy due to the age of the account what use is it to request another CCA?

 

They could not provide a signed copy before so how could they provide one now?

 

Seems like a waste of a pound, any ideas what the next move should be please.

 

I agree. What a disingenuous statement to make. "We have contacted our client - who states the agreement is no longer available due to it's age.. however you need to send £1.00 before they can process this request?".

 

Erm... duh!! Why would I want to pay £1.00 for a CCA request where you have already advised the agreement is not available.. hmm.. That £1.00 then gets applied to the account and they then make an attempt to say that you have reset the Statute Barred clock..

[citizenB]

Dear Sir or Madam (or name)

 

Letter/Account references.

 

I am in receipt of your letter dated XYZ.

 

Your response is disingenuous. You claim to have been in touch with your client who claims, "because of its age, no copy of the agreement is available". You further go on to claim, that I am advised to send £1.00 whereby they will be able to process my request. If there is no agreement available or in existence, how will sending £1.00 alter that ?

 

It is my understanding that it is you and or your client who are claiming I have entered into an agreement, therefore, it is your or your client who should be providing proof of this!.

 

If you are stating that no agreement exists, then any further contact or action on your part will be construed as harassment.

 

Yours etc..

 

PRINT or sign your name digitally.

 

 

 

I would say that their statement claiming that no agreement exists is binding upon them. I suggest you keep it safe somewhere.

[maccadad]

I would say that their statement claiming that no agreement exists is binding upon them. I suggest you keep it safe somewhere.

 

 

Thanks,

 

Copy of your letter in an envelope and will be posted tomorrow.

 

Have put their letter safe and may be used at a later date.

 

That has to rank as one of the most riduculous DCA letters ever !!

[citizenB]

Thanks,

 

Copy of your letter in an envelope and will be posted tomorrow.

 

Have put their letter safe and may be used at a later date.

 

That has to rank as one of the most riduculous DCA letters ever !!

 

[maccadad]

Hi All,

 

Latest from Wetcloth in response to the letter composed by Citizen B (thanks again ), Lo and behold they have "acknowledged we have raised a query on this account" and that they are investigating!!

All collection activity will cease while they investigate and contact their "client" or us again for further information.

 

The previous 3 DCA seemed to send a similar letter when they were told to prove the debt and couldn't.

 

Any takers on what their next move will be?

 

Sorry no prizes:wink:

[citizenB]

Righto.. well it is actually difficult to say what they will do. I imagine they will return the account to "their client"

 

I guess we just need to wait and see

[citizenB]

Have you discovered when the last payment was made on this account ?

[maccadad]

Have you discovered when the last payment was made on this account ?

 

We have not yet been able to check the date of the last payment but it will be close to being SB based on the info we have to hand.

 

Dont want to SAR unless we are 100% sure that is SB, as we no longer have the paperwork what is the easiest and cheapest way of finding out?

[citizenB]

You might be able to work it out from your credit files. I think you can obtain these free, if you do it online. Not quite sure how you do that though. Or you can send a £2.00 postal order to the Credit Reference Agencies .

[maccadad]

Hi Again,

 

Totally out of the blue Wetcloth have sent another letter, having contacted their "client" they have been advised that because payments have been made to the account in the past, that is an admission to the debt !

And furthermore they are going to press to start collections.

 

I'll give them something, they are more persistent than the others who have tried.

[maccadad]

Hi could do with a letter to get rid of Wetcloth once and for all, any ideas ?

[maccadad]

Hi could do with a letter to get rid of Wetcloth once and for all, any ideas ?

 

Anyone able to help with a letter, is there a template anywhere??

[maccadad]

Have you discovered when the last payment was made on this account ?

 

 

October 2009 last payment made in error, was sent out a repayment book which looked like our account paying in book and paid in a cash amount, can recall doing that but was not sure of the date until today.