Hi there, advice would be welcome...

[annie27]

Hello, everyone...I am a new Beagler...so forgive me of this question is either dumb..or has been asked before.

I had a difficult period financially and defaulted on a credit card...since then, the card company admits they cannot produce the paperwork, and so the agreement is "unenforceable through the courts", but are isaying that they will enforce it " by other means"

It has been to 2 DCAs...but now returned to the original lender.

I got my PPI reclaimed, but that was paid straight to the card company.

This is all a bit intimidating...any ideas what I should do???

Thanks so much

Annie

[SpringerSpaniel]

Re: Hi there, advice would be welcome...

Is anyone chasing you for this at the moment ?

[annie27]

Re: Hi there, advice would be welcome...

Hiya, thanks for such a quick reply...

Not yet..not a great position to be in, obviously, would not have done this intentionally.

The default is three years old..the letter arrived 2 weeks ago, maybe seeing the PPI reclaim amount galvanised them into action?

[SpringerSpaniel]

Re: Hi there, advice would be welcome...

What sort of 'letter' - was it a demand of any kind ?

If they are not asking for anything (yet), I woudl keep quiet until they do !

[Caspar]

Re: Hi there, advice would be welcome...

When they say they will enforce it by other means I suspect they'll produce a reconstituted agreement (perfectly above board, but to be checked down to the tiniest detail) and prove your knowledge of the debt by producing your repayment history.

However, as at the moment they haven't done that, and presumably you're not paying anything, I too would be inclined to let sleeping dogs lie and wait to see what they do.

[annie27]

Re: Hi there, advice would be welcome...

When they say they will enforce it by other means I suspect they'll produce a reconstituted agreement (perfectly above board, but to be checked down to the tiniest detail) and prove your knowledge of the debt by producing your repayment history.

However, as at the moment they haven't done that, and presumably you're not paying anything, I too would be inclined to let sleeping dogs lie and wait to see what they do.

Thanks for help...am waiting to see what they do next.

Is a reconstituted agreement something they can take through the courts?

They cannot provide me with any paperwork at all!

Thanks again
------------------------------- merged -------------------------------

What sort of 'letter' - was it a demand of any kind ?

If they are not asking for anything (yet), I woudl keep quiet until they do !

The letter was a preamble, I think to something else...maybe another agreement...am just keeping my head down...will wait and see!

Thanks

[Caspar]

Re: Hi there, advice would be welcome...

Impossible to answer that question. According to law, they can't use a recon, but in reality they do and can get away with it. Luck of the draw on which judge you get.