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This thread is an offshoot of my one on DCA's but deals with how to proceed when your creditor finally, after much prevarication and searching, supplies you with the correct agreement with the PTS and terms on same document.
I have received such and am curious now how to proceed, as the debt is now enforceable again. What is the action, now, from the DCA/bank, and how do I protect myself from the launching an attempt at full recovery?
Re: How to proceed when correct data supplied via CCA
hi. received a letter from Marlin financial services telling me that my debt to Yorkshire has now been passed to them. if I dont contact them I should expect enforcment action and one of their 'feild agents' may call on me. As first contact, should I reply in writing requesting a CCA ? as telephoning just leaves you open to bullying and more telephone calls. Any advice on dealing with these bloodsuckers would be appreciated. Cheers
Re: How to proceed when correct data supplied via CCA
Originally Posted by no-angel
hi. received a letter from Marlin financial services telling me that my debt to Yorkshire has now been passed to them. if I dont contact them I should expect enforcment action and one of their 'feild agents' may call on me. As first contact, should I reply in writing requesting a CCA ? as telephoning just leaves you open to bullying and more telephone calls. Any advice on dealing with these bloodsuckers would be appreciated. Cheers
Do not speak to them on the phone: they will only harass and intimidate you into paying more than you can afford! Insist all corresp is dealt with by letter and tell them that if the persist in contacting you at home (log the calls) write to them stating that this behaviour constitutes harassment under ss1&2 of the Protection from Harassment Act 1997. Tell them your first stop will be the police and make sure you tell them thatyou will name the person speaking/writing to yo.
Re: How to proceed when correct data supplied via CCA
It is important to keep abreast of what's happening and not to ignore correspondence. Also, they cannot call at your home without you inviting them ! Do not agree to such a visit under any terms! They have no right.
Search around here with regard to that. The main thing is that you need to take control and not be frightened of them any longer. They have reaped the whirlwind.
Re: How to proceed when correct data supplied via CCA
Request under section 78(1) for cards. They have 12(+2) days to reply to this. If they don't, the account is said to be in dispute. You can withhold payment if you wish or continue to pay. Best if you see my thread here:-
Re: How to proceed when correct data supplied via CCA
will write a letter today (UNSIGNED) with a £1 postal order and send it recorded delivery. see what happens ??
Thankyou Flyboyagain, didnt expect to get a reply so soon, cant tell you how much better I feel. will let you know how i go on. bye
Re: How to proceed when correct data supplied via CCA
Hi Fly,
Here is a list of template letters you can use to negotiate repayments. if it's the original crediot or inhouse and they are adding interest etc there is a ltter asking them to freeze it. if it's a DCA then nothing shoul dbe applied. I would always suggest to make up your own i and e and whme making your offer of payment include the first payment and kepp paying to your schedule if they accept or not.
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Re: How to proceed when correct data supplied via CCA
However, if they start the bullying again I'l stop paying them until the Courts get involved, costs or not. the good news is my wife and I got them on most of the cards! Result!
Re: How to proceed when correct data supplied via CCA
as long as you make the payments you have proposed and on your time schedule then to be homest they will leave you alone exept for them trying to increase them as if they did take it further the courts are none too happy with them as you would already be paying what they would consider or they might consider less.
result on the cards
ida x
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Re: How to proceed when correct data supplied via CCA
Hi Fly, just thought I'd let you know that I sent CCA request letter to Marlin via special delivery. They received it on the 30th May '09, I've got a print out of the signature to prove it. Received a 'REMINDER' letter yesterday, dated 5th June '09. It says ' we note from our records that you have not responded in respect to our previous communications regarding the above debt '.
Clearly I have, I have the Postal Order number receipt also.
Do you think they are trying it on, hoping that I'm actually going to call them ? Do you think I should ignore this letter as I've all the proof that I sent and they received my CCA ? If they received my CCA on the 30th , is it 12 working days +2 ? Will the 25th put them in default of my request? And if so , should I send them a letter stating thisafter the 25th ?
I know i've asked alot of questions but your reply will be v.much appreciated. Cheers, No Angel.
Re: How to proceed when correct data supplied via CCA
Originally Posted by IdaInFife
as long as you make the payments you have proposed and on your time schedule then to be homest they will leave you alone exept for them trying to increase them as if they did take it further the courts are none too happy with them as you would already be paying what they would consider or they might consider less.
result on the cards
ida x
Yes, Ida, that seems to be the case, after speaking to the bank, yesterday. Suprisingly, the bank has no record of my letter of 1 June thanking (!) them for supplying the correct agreement, copied also to the DCA who appear to be pressing for litiagtion, even though I've reinstated the payment schedule. What an odd bunch.
Y'know, these people don't bother me anywhere near what they did at the begining of this year. It's amazing how this forum (and the people on it) and a bit of knowledge about how acts work and should be interperated can boost your confidence and let YOU gain control!
Re: How to proceed when correct data supplied via CCA
Originally Posted by no-angel
Hi Fly, just thought I'd let you know that I sent CCA request letter to Marlin via special delivery. They received it on the 30th May '09, I've got a print out of the signature to prove it. Received a 'REMINDER' letter yesterday, dated 5th June '09. It says ' we note from our records that you have not responded in respect to our previous communications regarding the above debt '.
Clearly I have, I have the Postal Order number receipt also.
Do you think they are trying it on, hoping that I'm actually going to call them ? Do you think I should ignore this letter as I've all the proof that I sent and they received my CCA ? If they received my CCA on the 30th , is it 12 working days +2 ? Will the 25th put them in default of my request? And if so , should I send them a letter stating thisafter the 25th ?
I know i've asked alot of questions but your reply will be v.much appreciated. Cheers, No Angel.
Angel, yeh, I have had the same with my monkeys in the past. They're trying to scare you. If they or their client haven't sent the correct documentation (or not managed a reply) then you must write to them stating account in dispute. Wait the full 14 days and send your 'in dispute' letter ON that day; that's what I did. Remember: they are only trying to scare you. Watch out for them lying about not having received you CCA request! Copy your 'in dispute' lettter to your OC, the bank.
Re: How to proceed when correct data supplied via CCA
What I am finding now is that the bank (ex bank, or course!) has started to get involved again. I'm pleased about this, to a degree, because they have let the cat out the bag and inadvertantly exposed DCA lies and misdemeanours. However, they have become all nicey-nice over the phone after years of agressive and condescending phone calls and I know why: they are so sh** scared of losing their money that they're now trying the softly-softly approach, appearing now to being a 'caring' bank! And for every account my wife and I have in dispute with them they have sent a 'keen to resolve concerns' letter. What can this portend for them? They get nixi, that's what!
I've reinstated the accounts that have been shown to be correctly set out, as per pre-2004. As for the others, i'll wait for the fat lady to sing. And no amount of fluffy, cuddly HBOS letters and soooothing telephone manner is going to fool me into thinking that I'm not dealing with one of the biggest corporate monsters on the planet!
Re: How to proceed when correct data supplied via CCA
Thanks for the support guys. Will let you know whether they decide to acknowledge my CCA, or just pretend they've not received it. Will file this 'REMINDER' under SPEW!! Will send the default letter on the 15th, do you think that I should put a photocopy of the Postal order receipt for £1.00, which has their name printed on it + the special delivery receiving signature in with the default to prove i sent it? Once they default and if they continue to send letters, can i do something about harassment?
Cheers
P.S should I ask for my £1.oo back because they've not used it for the purpose intended ?
Re: How to proceed when correct data supplied via CCA
Hi Fly, they've sent a letter,saying they receivedmy CCA on the 4th June 09. I know they signed for it on the 30th May. Do I still send the default letter on the 15th, today ? Cheers
How to proceed when correct data supplied via CCA
's but deals with how to proceed when your creditor finally, after much prevarication and searching, supplies you with the correct agreement with the PTS and terms on same document.
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Originally Posted by no-angel
Re: How to proceed when correct data supplied via CCA
