Creditor Cannot Supply Credit Agreement

[Spellkaster]

I original opened up a Littlewoods catalogue in 1999.

After a few years, I went into money trouble.

The debt was sold to a company called TDX Group Limited.

The debt was and is still £280.

Earlier this year, I wrote 4 requests to TDX Group asking for the following, valid credit agreement, deed of assignment, deed of novation and the actual accounting of the debt.

They wrote back to me yesterday claiming to have no valid credit agreement, provided some accounting of the debt, but no deed of assignment or deed of novation.

They also said that I am still liable for the debt even though there is no signed agreement.

They refused to remove defaults from the CRA's even though there is no valid signed agreement.

They offered me £200 compensation, of which I am happy to accept.

They also claimed that Shop Direct are recalling the debt back because TDX know without an agreement there is nothing much they can do.

I am now waiting to hear from SD.

Can anyone give me any advice if SD try and take me to court, even though there is no signed agreement of which they have admitted to this n writing via TDX Group!?

[charitynjw]

Re: Creditor Cannot Supply Credit Agreement

They offered me £200 compensation, of which I am happy to accept.

Hi Spellkaster

Why & how did they offer you £200 compo?

[Spellkaster]

Re: Creditor Cannot Supply Credit Agreement

They offered it to me because they did not respond to my original request, then too long to reply to the others.

Happy to accept £200, and they can't enforce knowing no agreement.

[charitynjw]

Re: Creditor Cannot Supply Credit Agreement

They offered it to me because they did not respond to my original request, then too long to reply to the others.

Happy to accept £200, and they can't enforce knowing no agreement.

Was it in the form of a discount off the alleged debt?

[Spellkaster]

Re: Creditor Cannot Supply Credit Agreement

No, not as far as I am aware, just a genuine goodwill gesture.

[R0b]

Re: Creditor Cannot Supply Credit Agreement

Could the acceptance of the £200 be construed as acknowledging the debt in any way? it would seem strange that a debt collector would just offer £200 as a goodwill gesture because they never got back to you?! maybe it is genuine but of course debt collectors have sneaky ways im sure of trying to acknowledge the debt.

I suppose you could confirm in writing that the acceptance of the £200 relates to a gesture of goodwill due to the extensive delay in gaining a response from TDX Group and is not in anyway to be construed as meaning that you are acknowledging that the debt is owed.

[Spellkaster]

Re: Creditor Cannot Supply Credit Agreement

Could the acceptance of the £200 be construed as acknowledging the debt in any way? it would seem strange that a debt collector would just offer £200 as a goodwill gesture because they never got back to you?! maybe it is genuine but of course debt collectors have sneaky ways im sure of trying to acknowledge the debt.

I suppose you could confirm in writing that the acceptance of the £200 relates to a gesture of goodwill due to the extensive delay in gaining a response from TDX Group and is not in anyway to be construed as meaning that you are acknowledging that the debt is owed.

I am going to write a letter to accept the offer of £200, but at the same time denying responsibility for the debt because they cannot provide me with a valid credit agreement.

The Offer read as this "If you are happy to accept our offer of compensation for the inconvenience we have caused please return this form completed using the prepaid envelope provided".

Seems a genuine offer to me.

[MIKE770]

Re: Creditor Cannot Supply Credit Agreement

(Without Prejudice) if you are going to? sure others will advise?

[Noah]

Re: Creditor Cannot Supply Credit Agreement

I suspect that the letters you wrote previously may well have acknowledged the debt however as the default is still on your credit file it would appear that the account was defaulted within the last 6 years, or was it defaulted previously and then a new default placed?

The letter you wrote asking for the agreement , novation etc sounds like the rubbish that freemen of the land use , you are highly unlikely to get the deed of assignment.

The relevant part is the cca request and no agreement which renders the account unenforceable until they provide one. they may well, if pushed be able to provide a recon however as is usual with shop direct on the older accounts they just opened them up without any signature etc

It wouldn't surprise me if they try to take the £200 off the debt

[R0b]

Re: Creditor Cannot Supply Credit Agreement

Without prejudice isn't necessary here, it is not an attempt to genuinely settle the claim/debt but merely an acceptance of goodwill due to their inability to reply.

[Spellkaster]

Re: Creditor Cannot Supply Credit Agreement

Yes you are correct, they did apologise for not replying sooner and no agreement can be provided which is why they offered £200 and I have accepted, however I have made it clear I do not accept I am liable for the debt as no agreement.