HELP NEEDED! Arrow/Drysden County Court Claim received

[Maz49]

Does it have the address that you lived at, when applied for the credit? No it has the address where I currently live. however, I applied for the credit at a previous address and I have the orginal Credit Agreement which clearly shows my old address.

Was it applied for online? Yes I applied for it online.

[Maz49]

'the Virgin Money Credit Agreement however, it does not have my signature. However it has my name and my old address'.


I had to check their agreement again and my original agreement with Virgin that kept in my possession and it is very clear they have changed my address.

[echat11]

'the Virgin Money Credit Agreement however, it does not have my signature. However it has my name and my old address'.


I had to check their agreement again and my original agreement with Virgin that kept in my possession and it is very clear they have changed my address.

What they have done is reconstruct the agreement, but have got the details wrong i.e. address.

Have you got anything else with the address, that shows that you lived there at the time you took out the credit agreement?

It's not for you to provide evidence to support their claim (your copy of the agreement).

Read all of it, but specifically The Copy Agreement.

https://www.handbook.fca.org.uk/hand...ate=2016-03-07

[Maz49]

[QUOTE=echat11;n1644698]

What they have done is reconstruct the agreement, but have got the details wrong i.e. address. does this go in my favour or does it make no difference? Would I need to tell them?

Have you got anything else with the address, that shows that you lived there at the time you took out the credit agreement? Yes, I have bank statements, tax letters, DWP letters, etc.

It's not for you to provide evidence to support their claim (your copy of the agreement).

Read all of it, but specifically The Copy Agreement. I will read it now.

Thanks

[Maz49]

Read all of it, but specifically The Copy Agreement.

I am not sure I understand most of what is written so have acknowledge the areas I do understand as follows:

If the firm does provide a reconstituted copy, it should explain that that is what it has done, to avoid misleading the customer that this is a contemporaneous copy. - They have not done this.


If the reason why no copy is given in response to a request under these sections is that there never was an executed agreement, the firm should acknowledge this in its response - They have not done this

[echat11]

[QUOTE=Maz49;n1644701]

What they have done is reconstruct the agreement, but have got the details wrong i.e. address. does this go in my favour or does it make no difference? Would I need to tell them?

Have you got anything else with the address, that shows that you lived there at the time you took out the credit agreement? Yes, I have bank statements, tax letters, DWP letters, etc.

It's not for you to provide evidence to support their claim (your copy of the agreement).

Read all of it, but specifically The Copy Agreement. I will read it now.

Thanks

a) does this go in my favour or does it make no difference? Would I need to tell them?

Yes it goes in your favour, they haven't complied with your CCA request. If you tell them, all they will do is produce one with your previous address. Has the agreement they reconstructed have a date when the agreement was taken out?

What you could do is make a full and final settlement offer, if that's something you want to do. I think they know what they have sent is 'rubbish', that's why it's taken them such a long time to provide the requested documentation.

I can post some links. If you do send offers, make sure the letter is marked 'Without Prejudice'. The offers you make will be 'discounted' offers.

[Maz49]

Yes it goes in your favour, they haven't complied with your CCA request. If you tell them, all they will do is produce one with your previous address. Has the agreement they reconstructed have a date when the agreement was taken out?

The agreement does not have a date as far as I can see.


What you could do is make a full and final settlement offer, if that's something you want to do. I think they know what they have sent is 'rubbish', that's why it's taken them such a long time to provide the requested documentation.

I can post some links. If you do send offers, make sure the letter is marked 'Without Prejudice'. The offers you make will be 'discounted' offers.[/QUOTE]

What do I do if I don't want to make an offer as I am struggling financially at the moment and do not have a lump sum to offer them?

All I could offer is making a monthly payment, I am going to assume they won't accept it based on my proposal.

I can still take a look at the links though.

In the meantime I just want to express my deepest gratitude for your help, you have been an absolute godsend. Thank you!

[echat11]

Yes it goes in your favour, they haven't complied with your CCA request. If you tell them, all they will do is produce one with your previous address. Has the agreement they reconstructed have a date when the agreement was taken out?

The agreement does not have a date as far as I can see.


What you could do is make a full and final settlement offer, if that's something you want to do. I think they know what they have sent is 'rubbish', that's why it's taken them such a long time to provide the requested documentation.

I can post some links. If you do send offers, make sure the letter is marked 'Without Prejudice'. The offers you make will be 'discounted' offers.

What do I do if I don't want to make an offer as I am struggling financially at the moment and do not have a lump sum to offer them?

All I could offer is making a monthly payment, I am going to assume they won't accept it based on my proposal.

I can still take a look at the links though.

In the meantime I just want to express my deepest gratitude for your help, you have been an absolute godsend. Thank you![/QUOTE]

a) The agreement does not have a date as far as I can see.

That's o.k., just a case of stating, 'when you took out the agreement, you didn't live at the address on the agreement', you lived at XXXXXXXXXXXXXX. You have evidence you lived there XXXXXXXXXX.

b) What do I do if I don't want to make an offer as I am struggling financially at the moment and do not have a lump sum to offer them?

That's o.k.

c) All I could offer is making a monthly payment, I am going to assume they won't accept it based on my proposal.

That's o.k.

d) I can still take a look at the links though.

https://nationaldebtline.org/fact-sh...f%20the%20debt.

If you want you could write to them stating that they haven't followed the Financial Conduct Authority's Rules regarding CCA request, the FCA states that if an agreement has been reconstructed then they have a duty to be up front and tell the person requesting a copy of the agreement. XXXXXX hasn't done so, so I would like to register a formal complaint with XXXXXX.. I am minded to lodge a complaint with the FCA on this matter.

Write a draft, post it here without personal details, then I can have a look.