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I had a loan from A & L a few years ago, which I then topped up. In 2002, after some personal problems [mainly bank charges!], I ended up missing some payments, and the account was defaulted and passed to Legal & Trade Collections, to whom I've been paying ever since [I still owe over £1500].
I'm not disputing the fact that I owe them money, but I am concerned as to whether any of what I still owe consisted of charges for missed payments [unfortunately, I haven't kept any of the paperwork from A & L], which I gather I will be able to claim back.
I've just successfully claimed the aforementioned bank charges back from Yorkshire Bank, but I'm just wondering how to go about this one as it is a loan account, therefore there wasn't any statements.
Any advice, or pointers in the right direction, would be muchly appreciated
I' mnot certain but i think it's exactly the same. Have a look at this thread as i think it's relevent to your case Elsinore v Aktiv Kapital hope this helps
Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win
Don't moan about it DO SOMETHING ABOUT IT
thanks for that. I've just read Elsinores thread and, to be honest, I feel like a noobie again lol. I assume that I would sent the SAR to Alliance & Leicester first of all, along with a letter to Legal & Trade requesting a true and certified copy of the loan agreement, and notice of deed of assignment?
Please forgive me for sounding really really thick, but I've honestly tried looking round to do this myself.
i`m not really sure about this one meself, but i`d have a go at what you said, send in the s.a.r, worth ago, sure someone with more knowledge than me (i dont have any in this dept lol) will come along.
ok, just spent hours [bout 6 over last 2 days actually lol] reading a v long, v interesting thread re Debt Collections Agencies - and I'm still confuddled!
There was a post by Seminole which said that if you are already paying the debt, getting the original credit agreement won't help very much. Need to do DPA enquiry [which I assume would be sent to DCA] and explicitly state that this includes the history prior to the sale of the debt.
How do I know if the debt has actually been sold [I imagine I can't send the standard CCA letter because I acknowledge the debt and have been paying monthly installments]
I really would like to get cracking with this one [desperately need to get my finances in order] so if anyone could confirm, or correct me, that i've understood this correctly, I'd appreciate it.
ok, just spent hours [bout 6 over last 2 days actually lol] reading a v long, v interesting thread re Debt Collections Agencies - and I'm still confuddled!
There was a post by Seminole which said that if you are already paying the debt, getting the original credit agreement won't help very much. Need to do Data Protection Act enquiry [which I assume would be sent to DCA] and explicitly state that this includes the history prior to the sale of the debt.
How do I know if the debt has actually been sold [I imagine I can't send the standard CCA letter because I acknowledge the debt and have been paying monthly installments]
I really would like to get cracking with this one [desperately need to get my finances in order] so if anyone could confirm, or correct me, that i've understood this correctly, I'd appreciate it.
Thanks in advance. PJ x
I would DPA both and stop paying - work out charges and see what you can claim - this stop paying applies if there is no CCJ agreement.
Quick update - I've just found, amongst my great pile of paperwork, the first letter I received from Legal & Trade. The first para reads:
"Legal & Trade is a licensed debt collection company and we have been instructed by A & L Personal Finance Ltd to recover the outstanding balance that you owe them. Do not contact them regarding this matter, as they will refer you to us."
And looking at all correspondence from L & T, they quote a reference number, and Client Reference [which is the original A & L loan account number]. To me, this sounds like they haven't actually bought the debt. Does this change things? i.e. in this case, should I send the CCA letter requesting proof of Deed of Assignment?
PJ x
P.s. also just come across a letter dated 27 may referring to their default notice issued on 15 May 2003. I can't find any Default notice amongst my paperwork [the batch I have just found is all in date order, and appears to follow on from each other, from 1/8/02 to L&T stuff of present day]
Quick update - I've just found, amongst my great pile of paperwork, the first letter I received from Legal & Trade. The first para reads:
"Legal & Trade is a licensed debt collection company and we have been instructed by A & L Personal Finance Ltd to recover the outstanding balance that you owe them. Do not contact them regarding this matter, as they will refer you to us."
And looking at all correspondence from L & T, they quote a reference number, and Client Reference [which is the original A & L loan account number]. To me, this sounds like they haven't actually bought the debt. Does this change things? i.e. in this case, should I send the CCA letter requesting proof of Deed of Assignment?
PJ x
27 may referring to their default notice issued on 15 May 2003. I can't find any Default notice amongst my paperwork [the batch I have just found is all in date order, and appears to follow on from each other, from 1/8/02 to L&T stuff of present day]
No nothing changes - what are you hoping to acheive?
basically i'm wanting to find out if any charges have been levied against the account for late/missed payments, which might make up some of the balance owing
Fancy seeing you here PJ. Send your SAR off to A&L to get the ball rolling and ask them if they still own the debt. If the default was for arrears and the charges are more that the arrears you would have an argument to get the default removed. Presumably you should get a copy of the default notice and ask for a signed copy of the original loan agreements as well.
If you haven't already done so, check out the Debts and bailiffs advice forum.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Should you be offered help that requires payment please report it to site team.
Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007
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ok, i've adapted the DPA request letter slightly, if anyone could just cast their eyes over it and see if the extra bit sounds ok. I'm going to send this to A&L first of all, then see if there are any charges before bothering to send it to the DCA.
Dear Sir/Madam
ACCOUNT NUMBERS: xxxxxxxx, xxxxxxxx & xxxxxxxx
Please supply me with a complete list of transactions and charges relating to my loan accounts.
Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my banking business with you.
If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be so kind as to confirm this in your response to this request.
With regards to account number xxxxxxxx, could you please provide a copy of the default notice and a signed copy of the original loan agreement, and also confirm if the debt is still owned by yourselves, or not.
ok, i've adapted the Data Protection Act request letter slightly, if anyone could just cast their eyes over it and see if the extra bit sounds ok. I'm going to send this to A&L first of all, then see if there are any charges before bothering to send it to the DCA.
Dear Sir/Madam
ACCOUNT NUMBERS: xxxxxxxx, xxxxxxxx & xxxxxxxx
Please supply me with a complete list of transactions and charges relating to my loan accounts.
Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my banking business with you.
If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be so kind as to confirm this in your response to this request.
With regards to account number xxxxxxxx, could you please provide a copy of the default notice and a signed copy of the original loan agreement, and also confirm if the debt is still owned by yourselves, or not.
You have 40 days in which to comply.
I would send the DPA asking for charges and then the CCA letter regarding the loan agreement and default to DCA and A&L, and add your paragraph about who owns the debt the A&L CCA request.
Dear Sir/Madam
Re; Account No
I require you to supply the following documentation before I will correspond further on this matter.
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1
cheque in payment of the statutory fee, Serial Number 100017.
2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.
3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.
4. A signed true copy of the defaul that is registered on CRA files dated
Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant 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 you may contemplate will be both vigorously defended and contested.
Alliance & Leicester Loan
, but I'm just wondering how to go about this one as it is a loan account, therefore there wasn't any statements.
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Originally Posted by pjdudley69
