Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I have sent a CCA request to AIC and they have phoned me saying I have to request the CCA from the original company (RBS). Looking through the threads I have had similar experience to others i.e rudeness and wonder if this is a ploy to buy more time or to intimidate me. So do I now have to request from RBS or bide my time with this one?
If AIC are acting as agents then they should deal with the request but they are within their rights to tell you to speak to RBS. If AIC own the debt then they have to deal with the CCA request themselves.
We too are having hastle from AIC for triumph asset services over TSB, they are very rude and even contacted my partner at his work Can I write to them and request that they do not call and to contact us by post only. also request a cca.
alo has anyone had any dealings with GE money, over the years we have been hit with late payment charges and we finally paid the balance off 3 months early,Ant the cheque has been cahed, and we are still waitng to hear that the debt is clear, Is it worth persuing them for refund of charges we have paid over the years.
Also anyone had any dealings with Brunswick Collection Services ref. Yorkshire Bank qverdraft. Mackenzie Hall.havnt a clue where this one originated fom as they all keep getting sold on. and also BLs which once again acting for TSB
We too are having hastle from AIC for triumph asset services over TSB, they are very rude and even contacted my partner at his work Can I write to them and request that they do not call and to contact us by post only. also request a cca.
alo has anyone had any dealings with GE money, over the years we have been hit with late payment charges and we finally paid the balance off 3 months early,Ant the cheque has been cahed, and we are still waitng to hear that the debt is clear, Is it worth persuing them for refund of charges we have paid over the years.
Also anyone had any dealings with Brunswick Collection Services ref. Yorkshire Bank qverdraft. Mackenzie Hall.havnt a clue where this one originated fom as they all keep getting sold on. and also BLs which once again acting for TSB
Hi Traveller,
sounds like you have a few battles going on at the moment! I copied the telpehone harrassment letter below for you to send to AIC, adapt where necessary. Was the original debt with TSB a loan or credit card? At anytime have you received a letter from AIC / Triumph asset services in which they state the debt has been transferred and/or bought by them? if so can you type up what was said exactly? Lastly, have you already sent a cca request? if so which company did u send it to and when?
With regard to GE Money I have dealt with them and yes you can claim back penalty charges, the first thing you need to do is send them a SAR request.
kind regards,
shane
Company Name
Road
Town
City / County
Postcode
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. (**Even if you don‘t yet have recording equipment!!**)
Thanks , not sure if we have recieved any letters over the years informing us of the debt being sold on, It just seems the once again another new DCA pops up with a letter and the only thing that is familiar is acc/ref no.
Thanks , not sure if we have recieved any letters over the years informing us of the debt being sold on, It just seems the once again another new DCA pops up with a letter and the only thing that is familiar is acc/ref no.
hiya,
yeah it sounds like the debt just gets popped around from dca to dca. I would send the dca you're currently dealing with a CCA, since they are merely collecting on behalf of the original creditor most likely they won't be able to supply any documentation and as a result will pass the account back to the original creditor.
Hi Shane,
If that is the case, what are the chances of TSB having the original CCA
Regards W
If the account was opened after 2004 then probably quite high.
However, the chances of them having an enforcable agreement containing ALL prescribed terms is a lot less. Under the consumer credit act as a bare minimum for a judge/court to consider giving an enforcement order the creditor must have a regulated agreement that is signed by the debtor and contains ALL prescribed terms.
What i would suggest you do is send the CCA request to Lloyds and then send a letter to the DCA stating they can take no further action until lloyds have complied.
HI SHane
Will do that, and keep ypu posted Also I will send an SAR to GE money, I paid the car finance off to them 3 months ear;ier than its finidhing date, Paid in Aug 07, called them and they have rec the cheque, and said that we would have details in tho post, still waiting. they wouldnt give us a discount for finishing agreement earlier, but I would like to try to get something back from them as most of the time, they were the ones that applied for payment earlier than they should, hence bank sent it back and charged us. and GE money also kept adding £30 each time
hi Im new to this kind of thing but have bank ccharges owed to me , please would you let me know what a C C A request is and if there is a letter i ccan use posted on this site , many thank
hi Im new to this kind of thing but have bank ccharges owed to me , please would you let me know what a C C A request is and if there is a letter i ccan use posted on this site , many thank
The CCA Request is a request to see a copy of the credit agreement the creditor holds on you, depending on the type of debt there must an agreement in place and it must contain certain prescribed terms and be sgned by the debtor to be enforcable. CCA REquests are used to clarify whether the creditor has a legal right to collect the debt (excluding overdrafts). Can you let us know a little more about your situation, I can then advise further
_________________________ ___________________ All advice is offered freely & without prejudice
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many thanks for reply guys , well i am haveing finacial statement written again as have been paying debt collectors for a year , we got bank charges back from Halifax six months ago of 1700 quid but the allience and leicester have not repaid so we have a loan of 1500 quid we took out to pay them off in the account but have defalted on loan as they shut account leaving us owing 400 overdraft and 1950 on loan with charges ,we are not sure if we should go bankrupt but my wife will loose her job at debanhams as they dont employ bankrupts, we also have and old utility bill for 400 quid being persuied . we paid 800 off the visa debt and closed the card but when we paid it of there was 350 left owing so the sneeky sods let us pay the min payment but hte intrest has made it grow to 300 now but we still cant use card, a & l have had all there payments for 12 months but its up for review again so they have given us 5 days from there date of letter to reply so they threatening court acction etc today , its a mess and my wife is very very upset and stressed about it all , .................... help?
Please can someone help i am currently being chased by aic for a £1700 debt this has come from Lloyds which was past to westcott which i was making a monthly payments, then i got the call from aic they have been very treatening over the phone well my so called acount manager mr s telling me he is going to put an attachments of earnings on me and he telling me continuously he dos'nt care if i cant make a full payment as he will take action against me, i should ask my friends and family for the money, and they will not accept a payment scheme then in the next breath he said to make a payment scheme i would need to call lloyds to get approval, i called lloyds went through every department after finding the right department the chap told me the situation is silly there are a debt recoverers and they should let me set one up, i called mr s back and told him everything and he will need to call lloyds to get approval he got very threatening again so i left the ball in his court, he called me back a couple of days to see if i was going to make the full payment i told him No he said he is taking me to court and starting proceeding after that call, its been 2weeks and i havent seen or heard anything i have been looking on the internet for advise on what to do next ??
there has been mention of CCA request
Can some help please i just need this paid off asap and these muppets will not let me unless its full payment