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Saying I owe them £1450 for a Provident Credit Loan- Cash at the door type lender. I've never lived at the address they are saying the loan was given at. Couple of letters which I didn't reply to in writing, just phoned them and said you've got the wrong man. Now they've applied for an attachment to earnings and the Court says I've got to pay £255 to set it aside and have a hearing.
Phoned Wescot and they tell me to send photocopy of driving licence so they can check it against original paperwork. My worry is they could use it to put my signature on the paperwork! Citizens Advice say if I do nothing the Judge will see it as guilt. I've already written to the Court telling them I've never lived at the address and I've never had a Provident loan.
Any ideas? Cheers.
Phoned Wescot and they tell me to send photocopy of driving licence so they can check it against original paperwork. My worry is they could use it to put my signature on the paperwork! Citizens Advice say if I do nothing the Judge will see it as guilt. I've already written to the Court telling them I've never lived at the address and I've never had a Provident loan.
Any ideas? Cheers.
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Question Vator... are you saying it has already gone to court and you have the court papers to prove it or is it just a letter from Wescot saying that?
Step 1 before anything else you need to ask to see a true copy of the agreement you signed. If they cannot prove you owe the debt it may be unenforceable - I'm surprised CAB didn't tell you this
Wescot / IND are saying they won't provide the original agreement until they get identification from me, a photocopy of driving licence or passport. I'm reluctant to do this though as I think they might use my signature. I had letters from Wescot, then a letter from the Court about an attachment to earnings. Surely it just can't go straight to that point. It's all made up anyway.
Just copied and pasted a letter to use; from my understanding they have to prove you owe the debt with or without the ID you are stating - Write this letter and see what response you get and phone trading standards for some advice.
Dear Sir/Madam
Re:- Account/Reference Number 1234567890
I do not acknowledge any debt to your company or its clients. (delete this line if you are not disputing the debt)
With reference to the above agreement, I require you to supply the following documentation before I will correspond with you 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.
2. A full statement of account.
3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.
4. A copy of any other documents referred to in the agreement.
I understand that under the Consumer Credit Act 1974 (Sections 77-79), I are entitled to receive a copy of our credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. Please note that under no circumstances should this payment be set aside any alleged debt. If you are unable to supply the documentation requested, this fee should be returned.
I understand a copy of our credit agreement should be supplied within 12 working days.
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.
I look forward to hearing from you.
Yours faithfully
Mr A N Other
Dear Sir/Madam
Re:- Account/Reference Number 1234567890
I do not acknowledge any debt to your company or its clients. (delete this line if you are not disputing the debt)
With reference to the above agreement, I require you to supply the following documentation before I will correspond with you 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.
2. A full statement of account.
3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.
4. A copy of any other documents referred to in the agreement.
I understand that under the Consumer Credit Act 1974 (Sections 77-79), I are entitled to receive a copy of our credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. Please note that under no circumstances should this payment be set aside any alleged debt. If you are unable to supply the documentation requested, this fee should be returned.
I understand a copy of our credit agreement should be supplied within 12 working days.
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.
I look forward to hearing from you.
Yours faithfully
Mr A N Other
It would appear that a CCJ has already been made against you.
You need to act quickly. If you haven't got any correspondence from the court regarding this judgement you should ask the court for the original paperwork.
You might be able to phone them and get it sent to you by email if it's fairly recent, and doesn't do any harm putting something in writing or email (get the right address to send it to) outlining your case at soonest opportunity.
Unfortunately with court deadlines for replying they mean what they say so don't hang about. good luck.
You need to act quickly. If you haven't got any correspondence from the court regarding this judgement you should ask the court for the original paperwork.
You might be able to phone them and get it sent to you by email if it's fairly recent, and doesn't do any harm putting something in writing or email (get the right address to send it to) outlining your case at soonest opportunity.
Unfortunately with court deadlines for replying they mean what they say so don't hang about. good luck.
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