Help needed- friend in trouble

[Flyguy77]

This group has been very helpful just by reading through the threads. My friend and housemate is suffereing from mental health problems. He has been hassled continuously by both Link Financial and Debt Managers for payments of alleged debts, and this is hardly helping his treatment. I have with his agreement started to help him with this. Although he has made sporadic payments in the past and his situation has been explained to them in the past, they are basically just 'thugs'.

I have now written a letter for him as follows as at no time has he recieved anything other than threatening letters or phone calls.

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

With reference to the above account, I request you to send me true copies of this credit agreement before I will correspond further on this matter.

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I 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 postal order for £1 which represents payment of the ststutory fee payable under the Consumer credit Act. I understand that a copy of my credit agreementr should be supplied within 12 working days from the date of this letter. THE MONEY IS FOR SUPPLY OF THE DOCUMENTS ONLY AND IS NOT TO BE USED AGAINST THE ALLEGED DEBTS.

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 gareement under the sections of the Act.

Also since you are a Debt Collection Agency, I would ask that you supply signed true copies of the executed deeds 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.

Non compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the statutory authorities.

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 contemplated will be vigorously defended and contested.

Further to the above, you have been informed on numerous occasions of my condition and that any contact by yourselves must be made in writing only to the above address. Telephone calls or personal visits will not be accepted and viewed as harrasment.

I look forward to hearing from you within the statutory time limit,

Yours etc


Have I got this right as an opening shot? It seems that they have an obligation to send him this information.

How we should proceed from there is subject to their reply as I understand it.

Also although I am not to conversant with laws re harrasment - surely under the mental health act it must be illegal to pressure somebody with mental health problems - any advice appreciated,

[djdave]

QUICKLY go back and remove your personal details from that letter!

[djdave]

Turning to more practical help, yes it looks fine. Don't expect anything useful back from Link other than a patronising letter saying you're confused and that they don't have to supply any documents - however they will try to if you send another fiver! Eeejits.

Definately stress the health angle, they're breaching OFT guidelines in a major way.

[Flyguy77]

Thanks - done the removal ( not that computer literate!!).

Yes I thought that they were - letter going today - and I shall enlist some big guns from the NHS when this gets reported to the OFT - as I ecpect will be the next step.

[beancounter]

They are also breaching the Credit Service Association's ( debt collector's trade association) own Code of Practice. IT ALL ADDS WEIGHT TO YOUR CASE. Throw everything you have got at them.

[Flyguy77]

Thanks - just spoken to the OFT helpline, they were very helpful and are reporting it to the Local TSA - they have given me some useful references for any follow up action.

I just want the pressure on my mate stopped - he has more than enough to contend with as it is.

[Flyguy77]

Oh and the TSA have just phoned me back - they are also now on the case!

[beancounter]

Excellent. Good luck with everything.

[djdave]

Great news. Keep us posted with any developments

[Flyguy77]

Thanks guys - I am also going to ask his psychiatrist to write a letter explaining his condition. All this hassle for an original alleged debt of about £1500 subsequently loaded with penalty charges etc!

[Varangian3]

Fly

Why don'y you reclaim the penalty charges as they might pay off a lot of the debt? How much are they in total over the last 6 years?

Varangian Guard

[Flyguy77]

Yes - I need to look at that once I get the statements - I presume one claims those from the original lender? Not the DCA.

[Flyguy77]

Just so I get this right having CCA'd both Debt Managers and Link, I will now await their replies (with interest ) -I understand that I can reclaim any penalty charges from the original lender - do i have to Subject Access Request the original lender? Bit confused........

[meg&mog]

Yes you do need to Subject Access Request the original lender but i think just for the minute you sit tight and see what happens with regards to the cca,s you have sent


if i am wrong i stand corrected

Good luck you are a good friend!!!!

[Flyguy77]

Thanks Meg & Mog

Thats what I will do. I hate to see people being abused thats all and it seems to me that the tactics these people use is just that!!

[Varangian3]

Fly

You only need to send Subject Access Request if you don't already have the statements that you need as evidence of the unlawful charges.

See what he has still - you need these for the last 6 years. My first claim pending didn't need a Subject Access Request because I already had the documents. Even if he doesn't have them all, it will give you an idea of the amount that can be reclaimed, and its usually a lot more than you think

Varangian Guard

[Flyguy77]

Varangian

He has very few - and from those I can deduce its quite a lot, but I will wait and see what happens with the CCA letters before acting further. At the end of the day my friend is already looking brighter and can now continue with his treatment without this continually playing on his mind.

[Varangian3]

Just remember that they have 40 days to comply with a Subject Access Request, and some of the banks are already bleating that they need longer because of the pressure they're under (my heart bleeds )

You then need to carefully put this info in the spreadsheet and send two letter requests for repayment, with 14 days after each. Only then can you file court papers and there's at least a month beyond that (unless they rush to pay!)

The point I'm making is that its a rather long process, so do get the statements as soon as poss.

Good luck with this. He'll find it the best tonic in the world to be getting one over on them

keep us posted

Varangian Guard
take no prisoners