As some of you know I am currently dealing with a few creditors and trying to sort out my finances.
Brief history of this one...
I had a catalogue with GUS (Great Universal) and informed them I was under financial difficulties, along with my other creditors. They were one of the ones who ignored my correspondance.
I received a letter from Moorcroft last month, of intended litigation. As I'd not heard from them before this I sent them a CCA request the very same day.
Their reply 2 weeks later:
I have drafted up a letter in reply, as I do not wish to avoid my debts, and would appreciate any imput on improving the wording please
Thanks in advance.
Brief history of this one...
I had a catalogue with GUS (Great Universal) and informed them I was under financial difficulties, along with my other creditors. They were one of the ones who ignored my correspondance.
I received a letter from Moorcroft last month, of intended litigation. As I'd not heard from them before this I sent them a CCA request the very same day.
Their reply 2 weeks later:
I write to confirm that our client (GUS Essentials) has been unable to supply a signed credit agreement for you. We have therefore returned the payment you have made.
We accept under the Section 127 (3) of CCA 1974 this debt is therefore unenforceable via a court order. We must inform you however that the account still remains outstanding.
It is our understanding that the goods which have been charged to your account have been ordered by and delivered to you. We can confirm that a default remains in relation to this account and that making payment to clear the balance may assist in relation to your credit history.
Please confirm that you accept that goods were ordered and received and let us have your settlement proposals."
We accept under the Section 127 (3) of CCA 1974 this debt is therefore unenforceable via a court order. We must inform you however that the account still remains outstanding.
It is our understanding that the goods which have been charged to your account have been ordered by and delivered to you. We can confirm that a default remains in relation to this account and that making payment to clear the balance may assist in relation to your credit history.
Please confirm that you accept that goods were ordered and received and let us have your settlement proposals."
I acknowledge your letter dated 5th March 2008 in which you confirm there is no signed credit agreement for this account.
I understand that the late fees which have been added to this account are unlawful at Common Law, Statute and recent consumer regulations and do not reflect their true cost.
I also understand that there have been payment protection insurance premiums (account cover plus) added to this account. GUS did not check my personal circumstances at the time of sale, which they are under obligation to do. If they had done, they would have realised that a PPI policy was useless to me, as I have not been in paid employment for some years.
I dispute the balance of £xxx and, with a limited number of statements, have worked out the amount of mis-sold PPI is approx £xxx and unlawful charges amount to £xx. I therefore make an offer for full and final settlement of this account for £xx.
Please would you confirm your acceptance of this offer and how you would like it to be paid.
I understand that the late fees which have been added to this account are unlawful at Common Law, Statute and recent consumer regulations and do not reflect their true cost.
I also understand that there have been payment protection insurance premiums (account cover plus) added to this account. GUS did not check my personal circumstances at the time of sale, which they are under obligation to do. If they had done, they would have realised that a PPI policy was useless to me, as I have not been in paid employment for some years.
I dispute the balance of £xxx and, with a limited number of statements, have worked out the amount of mis-sold PPI is approx £xxx and unlawful charges amount to £xx. I therefore make an offer for full and final settlement of this account for £xx.
Please would you confirm your acceptance of this offer and how you would like it to be paid.
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