New to this...

[dave1509]

Hi there

OK - so I messed up
I was doing well at work and then my contract ended, I had a loan, credit card and overdraft from A leading bank (don;t want to give details incase anyone from there is trawling the net)

Of course my money ran out and ended up not paying the debt.
I moved house a few times and that was 3 years ago. In my advancing years I decided to clear this up and got my accountant to get onto this and the tax man

Anyhow, JB recovery have picked up the debt for the 10k from a leading bank and they have negotiated a settlement of 5k+ (which I definately can't afford)

They started to chase me through my mobile number with a tactic of 'This is the scottish office we have some mail that we would like to re-direct'

When I said my accountant is dealing with this matter they 'innocently' said they just need my address to forward some mail. Dunno if this is tantamount to fraud in some way but I have no proof (recording)

They don;t have my new address

I am working now but really can't stretch to anything really more than £100 per month (if that)

Any advice on this or...getting out of it completely? - I don;t want to ruin my credit rating of course (unless it already is...)

Any help would be most welcome

[sortingitout]

Originally Posted by dave1509

Any advice on this or...getting out of it completely? - I don;t want to ruin my credit rating of course (unless it already is...)

Have a read in http://www.consumeractiongroup.co.uk.../general-debt/ regarding the CCA, its not a completly simple process and you will need to read lots, but well worth the effort.

Originally Posted by dave1509

I don;t want to ruin my credit rating of course (unless it already is...)

You probably have been defaulted, which ranks up there with CCJs, but again, you might be able to challenge this, CCA could be the key, but dont get your hopes up too high.

http://www.consumeractiongroup.co.uk...agreement.html
http://www.consumeractiongroup.co.uk...plication.html

[dave1509]

Thanks sorting it

So my understanding is....

JB recovery (who presumably have bough the debt) need to produce a copy of the original credit agreement with my old bank and if they don;t respond within 12 days it makes the debt unrecoverable for as long as that remains the case- Is that correct?

Also, what happens if they can?

[sortingitout]

Originally Posted by dave1509

Thanks sorting it

So my understanding is....

JB recovery (who presumably have bough the debt) need to produce a copy of the original credit agreement with my old bank and if they don;t respond within 12 days it makes the debt unrecoverable for as long as that remains the case- Is that correct?

Also, what happens if they can?

Correct, no credit agreement = no enforceable debt in court. If the DCA has bought the debt, offer 10% (or lower) for full & final settlement, which is to be reflected on your credit files. This is my opinion, but what you don’t want is them coming back in a years time, producing a fully executed agreement, so try and settle it forever.

[dave1509]

Ok - I would rather avoid it completely but I guess settling for 10% sounds about right - Given that the debt was 10k - my accountant has managed to get the down to 5800

Is 10% a realistic settlement figure?

[tomterm8]

I am no longer welcome on CAG

[dave1509]

Ok so I'm going to try and request the CCA fronm the DCA

Can someone please recommend the wording for a letter please?

[dave1509]

The latest on this is that my accountant hasn't yet sent the letter, could anyone give me an idea of the wording? for a request of CCA

They have called my workplace today asking to speak to me! - Is this against the law in some way?

[allykat]

The Loan Company
XXXXXX
XXX
XXX XXX

Dear Sir/Madam

Re:− Account/Reference Number

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

We understand a copy of our credit agreement should be supplied within 12 working days.

We 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.

We look forward to hearing from you.

Yours faithfully
XXXX


Send this recorded delivery, enclose a postal order for £1

If they are phoning you at work, I would also send them a 'Harrassment by telephone' letter....there is a template for this somewhere on this site, I'll try find it for you

Good Luck

[tomterm8]

I am no longer welcome on CAG

[allykat]

Re: Harassment by telephone


ACCOUNT NUMBER: XXXXXXX

Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded.

Yours faithfully,
XXXX


Send them this recorded delivery and if they phone again in the meantime, don't give them any details and request that they keep everything in writing!

[dave1509]

Thanks very much Allykat!

[dave1509]

Has anyone had a text from a DCA?

I had one at 10.30pm - surely this constitutes some kind of harassment?

[allykat]

what did it say?

we want u 2 pay us now or we'll send round da heavies lol?!

ahem, maybe not

Include 'via text message' to the harrassment by telephone letter, I have heard of DCA's texting people before, just another one of their special ways to indimidate people I guess

[ScarletPimpernel]

A client of mine had texts from a DCA whilst the debt was in dispute. When I raised it with the DCA, they first of all said they were allowed to call or text, then that they knew they weren't but 'It's Thursday, and the computer sends all debtors a text on Thursday, and we can't stop it because it's automated'. When I pointed out that the fact that it's sent by a computer was irrelevant, and suggested that a complaint would be made, they miraculously found a way to stop sending them. Funny, that.

[tomterm8]

I am no longer welcome on CAG

[dave1509]

Ok

Here's the latest on this one - I need help with the next stage


Surprise surprise, they haven't responded to the CCA request (which was sent by my accoutant on the 16th May)

Clearly 12 days have passed (it's 8th June now) so...what do I do next to get them to sod right off?

(They phone me every couple of days of so but I don't answer)