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Hi All,
So after the torment of Lowell i have just received an email within the last week from CFO lending chasing a debt from 2012 for £1,000 and advising they are going to stick a default on my credit file, well firstly i have never heard of these and secondly i don't acknowledge or recall any such debt to this company.
I have sent them an email advising i don't recall or acknowledge this debt and requested a true signed copy of the CCA - They have sent me a PDF copy of this so called agreement, how can i edit this and attach so you can review?
This agreement hasn't been signed by myself or their company and isn't even dated - The person i have been dealing believes that "Bassano v Tofts & Ors 2014" is fine as this was an electronically signed document - My view is this document is blank, hasnt been signed and isnt even dated or signed by their company so would never stand up in a court.
They have requested for me to send the below:
"In order for us to investigate this account can you please confirm the following from the time of July- August 2012 if any these details differ from present;
. Your address including postal code
. Your mobile number
. Telephone number
. Employer name
. Bank Account Number
If you do not wish to confirm your bank account number, please confirm the rest of the information at your earliest convenience.
Until we receive the requested information, we will be unable to conduct our investigations and our collections team will attempt to contact you via telephone, email and post regarding the outstanding account.
There is no chance i'm sending them any of my information so they can then store it to their bogus database - Where do i go from here?
This is my reply to them
"I have reviewed this document again and the section which requires my surname and code to be added is blank therefore this hasn’t been signed electronically and as the code hasn’t been entered this also hasn’t been accepted as you refer to below.
In addition, this hasn’t been signed by your company and isn't dated either
- If you refer to Bassano v Tofts & Ors 2014. It clearly states that " The client signed it by clicking "I Accept" in their account in the presence of a Borro representative and has agreed to be legally bound by its terms. Date of signature 01/07/2011 Time of Signature: 14:05:41"
You will clearly see the version you have sent me doesn’t follow section 61 of the Consumer Credit Act 1974 - The document you have sent me is a blank copy which has no surname, code, or acceptance by your authorised rep and doesn’t have a date (please see bottom of the page)
As stated now a number of times I don’t recall or acknowledge this debt therefore I won't be supplying you any information as you requested below - If you believe this belongs to me the burden of proof is for you to prove this debt does belong to me - I could quite easily knock one of these documents up and send to you and say you owe me money.
I have also requested for you to send all and any previous correspondence you have on file to me regarding this account as this is the first I have heard of your company, also after a little research you will understand my reluctance to send you such information since you got shut down for unfair practises and have ceased trading - If you continue to pursue this without the correct documentation or information I have requested then I will seek legal advice and look to sue your company for harassment and wasted time in dealing with this issue.
I'm more than happy to defend this case in court if required as we both know the CCA document you have sent me has no legal foundation and to quote "
Bassano v Tofts & Ors 2014" with this document is a total joke.
This account still remains in dispute and I wish you to cease all activity until all documentation and true copy of a CCA is provided as previously requested.
I have now copied in customer relations and wish to follow your complaints process before I refer this to the Ombudsman Service complaint.info@financial-ombudsman.org.uk to get a final resolution.
Thanks
Outerspace
"
Any thoughts or guidance is greatly accepted and look forward to your help
So after the torment of Lowell i have just received an email within the last week from CFO lending chasing a debt from 2012 for £1,000 and advising they are going to stick a default on my credit file, well firstly i have never heard of these and secondly i don't acknowledge or recall any such debt to this company.
I have sent them an email advising i don't recall or acknowledge this debt and requested a true signed copy of the CCA - They have sent me a PDF copy of this so called agreement, how can i edit this and attach so you can review?
This agreement hasn't been signed by myself or their company and isn't even dated - The person i have been dealing believes that "Bassano v Tofts & Ors 2014" is fine as this was an electronically signed document - My view is this document is blank, hasnt been signed and isnt even dated or signed by their company so would never stand up in a court.
They have requested for me to send the below:
"In order for us to investigate this account can you please confirm the following from the time of July- August 2012 if any these details differ from present;
. Your address including postal code
. Your mobile number
. Telephone number
. Employer name
. Bank Account Number
If you do not wish to confirm your bank account number, please confirm the rest of the information at your earliest convenience.
Until we receive the requested information, we will be unable to conduct our investigations and our collections team will attempt to contact you via telephone, email and post regarding the outstanding account.
There is no chance i'm sending them any of my information so they can then store it to their bogus database - Where do i go from here?
This is my reply to them
"I have reviewed this document again and the section which requires my surname and code to be added is blank therefore this hasn’t been signed electronically and as the code hasn’t been entered this also hasn’t been accepted as you refer to below.
In addition, this hasn’t been signed by your company and isn't dated either
- If you refer to Bassano v Tofts & Ors 2014. It clearly states that " The client signed it by clicking "I Accept" in their account in the presence of a Borro representative and has agreed to be legally bound by its terms. Date of signature 01/07/2011 Time of Signature: 14:05:41"
You will clearly see the version you have sent me doesn’t follow section 61 of the Consumer Credit Act 1974 - The document you have sent me is a blank copy which has no surname, code, or acceptance by your authorised rep and doesn’t have a date (please see bottom of the page)
As stated now a number of times I don’t recall or acknowledge this debt therefore I won't be supplying you any information as you requested below - If you believe this belongs to me the burden of proof is for you to prove this debt does belong to me - I could quite easily knock one of these documents up and send to you and say you owe me money.
I have also requested for you to send all and any previous correspondence you have on file to me regarding this account as this is the first I have heard of your company, also after a little research you will understand my reluctance to send you such information since you got shut down for unfair practises and have ceased trading - If you continue to pursue this without the correct documentation or information I have requested then I will seek legal advice and look to sue your company for harassment and wasted time in dealing with this issue.
I'm more than happy to defend this case in court if required as we both know the CCA document you have sent me has no legal foundation and to quote "
Bassano v Tofts & Ors 2014" with this document is a total joke.
This account still remains in dispute and I wish you to cease all activity until all documentation and true copy of a CCA is provided as previously requested.
I have now copied in customer relations and wish to follow your complaints process before I refer this to the Ombudsman Service complaint.info@financial-ombudsman.org.uk to get a final resolution.
Thanks
Outerspace
"
Any thoughts or guidance is greatly accepted and look forward to your help
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