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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

Why don't you come and introduce yourself in the Welcome section at the top of the forum. Then have a look around the rest of it.
Do not post or start claiming until you have read the entire FAQ section and step by step guides and you have a good basic idea of what to do and of the layout of the forum.
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Old 21st February 2007, 18:25   #1 (permalink)
Yamaha
Basic Account Customer
Default Help!

I'm very new to this whole thing and also, I realize and admit, almost totally ignorant of matters of finance, financial terms,etc. I call it the 'the Red Mist'. So, I'm strugging with the whole site and business.
The bank charges I understand and will shortly be starting the process of claiming from RBS and also a loan I have from Blackhorse/Lloyds.
But I also have two old credit cards - with Citicard and Capital One. The cards have long since been destroyed and I have been paying off what I owe by monthly payments.
Citicard sold? the debt to Hillesden Securities Ltd. Capital One recently wrote to tell me that future payments should be paid to Cabot, who had taken over the account. I don't think it's a case of claiming unfair charges, more of clarifying whether either company has the right to even ask me for the money. I have been told that if a company (debt collector?) cannot demonstrate that they 'own' the debt - I am not liable to make any further payments.
Sorry if some or none of this makes any sense but I really would be grateful for guidance in these matters.
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Old 21st February 2007, 21:48   #2 (permalink)
PriorityOne
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I am in: a house no longer in Debt Row...;-)
Posts: 4,497
PriorityOne AuthoritativePriorityOne AuthoritativePriorityOne AuthoritativePriorityOne AuthoritativePriorityOne AuthoritativePriorityOne AuthoritativePriorityOne AuthoritativePriorityOne AuthoritativePriorityOne AuthoritativePriorityOne AuthoritativePriorityOne Authoritative
Default Re: Help!

Hi Yamaha,

Yes, you are right. If a Debt Collection Agency (DCA) is unable to provide you with a copy of your Consumer Credit Agreement (Consumer Credit Act, 1974), then you are within your rights to withhold payment.... the debt cannot be legally enforced without it.

There is a CCA request template... I will post the link on here shortly... Send a CCA request to both Hillesden Securities (Citicard) and Cabot (Capitol One)... enclose the £1 fee for each and send both by recorded delivery, making sure that you keep the receipts.

Both companies have to supply the CCAs within 12 days of (recorded delivery) receipt. If they haven't produced the docs. within this time frame, they are then in default and cannot legally enforce the debt until such times as the CCA can be produced and re-enforced in court.

If they stilll haven't produced the docs. within one calendar month after the 12 day default (approx. 43 days in total), they will have also committed a criminal offence.

If the DCA has bought the debt, this means that they are stuffed because the debt can no longer be enforced (no CCA = no debt). However, if the DCA is collecting on behalf of the original creditor, then the account will be passed back to the original creditor and you can then deal with them directly by sending them a S.A.R - (Subject Access Request) in order to re-claim any unlawful charges to reduce the amount owing.

In short... after a CCA request is made, no news is good news.

Here is the link :

Creditors and DCAs - Letter Templates & Budget Planner Scroll down to Letter N.

__________________
Remember the mantra :
NEVER communicate by 'phone.
Send EVERYTHING by Recorded/Special Delivery
Keep a copy of EVERYTHING sent
Keep hold of EVERYTHING received

The following companies have all been sent packing in the past 2 years :

A & L PLC
A & L Finance Ltd
Global Debt Management Services Ltd
Shoosmiths (solicitors)
Fenton Cooper
Mack Hall
Moorcroft
HFC
Cabot
Barclaycard
Mercers
The Lewis Group
CL Finance....

Life is like a game of Chess.... watch the enemy, defend yourself against aggressive manouvres and when in doubt, move a pawn....

Last edited by PriorityOne; 21st February 2007 at 21:53. Reason: to post link..
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