This is my first post and feel compelled to share my debt misery so that it may benefit others. I only feel this need to post in payback for the excellent advice offered by strangers to others who have posted. I would make a donation...but i'm skint
So here goes:
I have two DCA's chasing me down. First is for a NatWest student account i had about 10 years ago for £457.30. Second is for Capital One credit card from about 8 years ago for £729.87.
I got 2 letters out of the blue in december 06 asking the usual, namely payment due in full or we'll break your arms and kill your children. I wrote back with the standard statute barred stuff. This template can be found by scrolling down to 'Letter N' from following url:
Creditors and DCAs - Letter Templates & Budget Planner
I got a phonecall from the DCA chasing down the NatWest debt and stressed to him that i do not acknowledge the debt, again and again as he kept saying, "so you have no intention of paying". ended up a slaggiing match and since then i haven't heard from them. I spoke to Natwest direct and they said the debt was written off so that's how that one stands at the moment.
The second debt, Capital One bought by evil Lowell, is still ongoing. I phoned them up in mid jan to request a stament of account. Lady i spoke to said it would cost £15 - £25 to process that request and wanted payment upfront as a means to provide the info. I left it by saying that i'm not paying a penny to see details of my own account. She then left the telecon by saying "do you want to go to court, do you?" Can't remember my response as i didn't record conversation and i had the usual response from the telecon, namely blood boiling and eyes popping out the sockets from the utter contemp these people show.
This i hasten to add, was before i read in detail peoples post from this website and feel that i'm now more confident to fight back.
Anyway, Lowell have since sent a "FINAL NOTICE" letter dated 31st Jan 07 and 7 days to reply. Again, the usual bully boy tactics as they mention bailiffs, charge against my property, etc, etc and i still have never seen a breakdown of the account nor true copy of credit agreement.
This is now my plan of attack.........
1. To send them the letter below via special recorded delivery (costs about £4) with £1 PO. The earlier statute barred letter i sent wasn't recorded delivery (foolish of me)
2. Wait...
3. When they respond, as i'm sure they will with more evilness, I'll then demand a "Subject Access Request". This from my understanding (please correct if wrong), they won't be able to provide,so they'll have to pass it back to original creditor. A S.A.R - (Subject Access Request) can then be executed by way of a £10 fee. I will then be able to question any incurred interest charges or other stupid fees like £35 for letting you know you're overdrawn. This ofcourse is on the presumption that a payment date falls within the 6 year statute barred timeframe, eg. if statement of account shows i made a payment in june 05, then i'll have to admit that i owe the debt
4. If there are no payments within 6 years nor proof in writing that i acknowledged the debt then i will send letters claiming they are harrassing me and if they insist on sending these 'automated' threats, i will sue for emotional damage and kill their family instead.
5. If there is a payment, then i'll declare a moretarium as i'm currently unemployed and go down the normal avenue of sending income/expenditure form and pay them £1 per month for life.
Anyway, hope that helps and i'll post any future developments.
Thanks for the website
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LETTER TO REQUEST CREDIT AGREEMENT, STATEMENT OF ACCOUNT &
COPY OF EXECUTED DEED OF ASSIGNMENT ========================= ========================= ===== Your address xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxxxxx
5th February, 2007
DCA Address xxxxxxxxxxxx xxxxxxxxxxxx Dear Sir/Madam Re: − Account/Reference Number xxxxxxxxxxxx With reference to the above account, I request that you send me a true copy of this credit agreement, relating to your last letter dated 31st January, signed by xxxxxxxxxxxx and entitled “FINAL NOTICE”. I understand that this is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and am entitled to receive a copy of my credit agreement on request. Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter. I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act. Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974. In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER : 1. True copy of original credit agreement 2. Statement of account 3. Copy of the executed deed of assignment from Capital One to Lowell Financial As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested and consider this matter to be “in dispute”. Thanks in advance and I hope to hear from you within the statutory time limit. I look forward to hearing from you. Yours faithfully Your Name
Debt Collection Agency - My first footstep fighting back 
