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I've noticed that a lot of my debts have sometimes DOUBLED, i.e. Capital One sent a letter stating £440, then get a letter from a DCA stating £819 after passed onto them.
I will obviously claim back charges from Capital One, but these may be £200 - £300 at the most.
What can i claim back from the DCA as they have added £400.
I didn't know we could claim back DCA charges, or even the fact that they charge for sending letters out. I thought all charges are frozen when it gets passed to them, including interest? I've had letters in the past from different agencies, at different times of the year, all asking the same amount.
This opens a whole new issue.
If we start claiming from the debt agency that is allowing us to pay measly amounts to clear a debt they keep adding to, they won't be too happy. Does this mean they will take more action against us and what happens to the payment agreements we have in place?
If the DCA do not have a CCA, you can claim back all payments you have made to them, since they would have been collected unlawfully. Moorcroft only have until Monday to produce mine... once they have committed a criminal offence as well as defaulting (another calendar month without sending the CCA to me), I will be claiming back all payments over the past 4 years.
PLEASE NOTE:
I AM NO LONGER AN ACTIVE MEMBER OF THIS FORUM AND WILL ONLY RESPOND TO POSTS ON SUBSCRIBED THREADS.
well i was just thinking about charges, i recieved a letter from moorcroft and now at the bottom of my letter it says 'please note that we have had to resort to sending this letter and as per the terms and conditions of your agreement we have added £12 to the above balance' i have had previous letters from them that never said that until recently !!!!!!!!
so what is this all about are they unlawful penalties from the DCA????????/
any more help or views on this subject would be helpful
well i was just thinking about charges, i recieved a letter from moorcroft and now at the bottom of my letter it says 'please note that we have had to resort to sending this letter and as per the terms and conditions of your agreement we have added £12 to the above balance' i have had previous letters from them that never said that until recently !!!!!!!!
so what is this all about are they unlawful penalties from the DCA????????/
any more help or views on this subject would be helpful
You do not have an agreement with Moorcroft anyway, so there would be no terms and conditions. Have you sent Moorcroft a CCA request ? They have 12 days from the date of (recorded delivery) receipt to supply you with this. After that time, the debt is unenforceable without going to court... and they won't go to court without a CCA.
Chances are... they have just bought the debt for peanuts from your original lender. Without the correct paperwork however, all they can do is threaten to do this and that. That statement from them sounds like a fairly typical ploy to get you to think that, unless you pay more of the balance, the debt will increase with each reminder sent out to you. It's bowlarks.
Go into the bank template section and look for the CCA request letter. If Moorcroft cannot produce a CCA or Deed of Assignment, then all your payments can be claimed back because they have been collected unlawfully. One step at time... CCA request first.
PLEASE NOTE:
I AM NO LONGER AN ACTIVE MEMBER OF THIS FORUM AND WILL ONLY RESPOND TO POSTS ON SUBSCRIBED THREADS.
sorry i dont think that they have bought the debt from the company as at the top of the letter it says ' we are agents of Argos and work with them to collect payment against uncleared accounts'
so do you think i should still send a cca request to them ???i have not paid any thing to them yet but made a payment straight to argos
Yes, send a CCA request to them by Recorded Delivery. If they have been assigned the debt (very unlikely), they would have a Deed of Assignment. Either way, some kind of document would need to be produced. No document = no money.
PLEASE NOTE:
I AM NO LONGER AN ACTIVE MEMBER OF THIS FORUM AND WILL ONLY RESPOND TO POSTS ON SUBSCRIBED THREADS.
The terms and conditions they are referring to are from the original agreement. Once you have this after the CCA, ask them where it says a DCA can charge £12 per letter?
The terms and conditions they are referring to are from the original agreement. Once you have this after the CCA, ask them where it says a DCA can charge £12 per letter?
I assume that means they should have a Deed of Assignment then ?
PLEASE NOTE:
I AM NO LONGER AN ACTIVE MEMBER OF THIS FORUM AND WILL ONLY RESPOND TO POSTS ON SUBSCRIBED THREADS.
i know moorcroft buys debts because they bought another one of my debts from bt.i know this as i phoned bt who confirmed the ammount of my final bill plus told me that moorcroft had bought the debt
i am querring the ammount they are asking as my last final bt bill was £400 and when moorcroft wrote to me it was just over £500