Brooksdad v Woolwich - Page 2

hughes690 · 15th January 2007, 12:20

HI TAMADUS: Can you point me in direction of suggested DCA template letters? Although DCA is Equidebt (at first contact by them I disputed the debt but got nowhere). Letters from solicitors (Heatons), at same address, I then decided a repayment schedule (some years ago now). Can you explore the connection? I have always dealt and paid Heaton.

tamadus · 15th January 2007, 12:29

use something along these lines:

I do not acknowledge this alleged debt.

I hereby formally request true copies of the signed agreement referring to the above account number. This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974 - your obligation also extends to providing statements of account. I enclose a £1 cheque in payment of the statutory fee.

In addition please supply a true copy of the deed of assignment

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974.

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.

In the meantime please be aware that I consider this matter to be “in dispute”.

Yours faithfully

hughes690 · 15th January 2007, 16:58

Suggested I write to DCA requesting copy of credit agreements along with copies of deeds of assignment. Where can I find template letters for this action? I wish to notify DCA both my a/cs are in dispute. Anyone help?

OK. Sorry just found info from Tamadus!

tamadus · 15th January 2007, 17:14

hughes690 · 15th January 2007, 18:48

I have just prepared my letter to DCA (Equidebt). Need reassurance to send. Can I have a shove, pse? Was suggested to me thay I may be able to claim charges beyond Dec 2000 (my 6-year limit date). Further checked my diary for all 2000 and have recorded charges totalling £853.50. I have no statements for this period. Can I request copies from Woolwich? This makes a grand total of £5247.00 in illegal charges against account. On 14 Nov 2001 Equidebt made contact (I then said I did not agree debt (on phone) and by letter. Was frightened by them into making repayment schedule starting 21 Nov 2001 (£20.00pm.) This along the line has been increased to £30.00pm with much agro. They continue to want payments further increased. Equidebt have since bought both a/cs. One is closed Woolwich current a/c; the second is Woolwich personal loan a/c.

Would really appreciate further guidance.

e28bigalbexley · 15th January 2007, 21:45

Hi Hughes
I see Tamadus has been been giving guidance and he is very good just follow what he said read what he has posted and go from there.
Do not I say again, do not talk to the DCA's on the phone if you have caller id cut them off, just deal with them in writing.
Keep a log of when and how many times they phone a day, a week. If its more than 3 times a day there is legislation to stop this, and it will stop them and let me know how you get on.

e28bigalbexley · 15th January 2007, 21:49

Hi again
This thread, i believe it is quite long, will tell you about claiming over 6 years take a look, keep a pen and paper near by and pick out the important bits.

Do you have charges going back more than 6 years?

AL

hughes690 · 16th January 2007, 11:37

Phew! Just read through - a lot to digest, tho. Lots of info and advice.
40-day Data Protection Act request Notice up next Sunday (21st Jan). Do I need to give them reminder, a push or just wait. Their response letter said they would furnish request by 30 Jan. Can a pal please advise?

hughes690 · 16th January 2007, 12:30

HOLD EVERYTHING - Just got postie calling! Letter from Woolwich.
They've responded. Glory be! Will digest and come back. (£4603.50 in ILLEGAL charges, they say. The response is short of the 6-year request by a couple of months.

hughes690 · 16th January 2007, 19:50

Have now prepard my letter - Preliminary approach for Repayment - I am about to send to Woolwich. My claim: £4603.50 (their returned figure to me) plus period not disclosed within 6-year limit, £570.90 more - total £5174.40, plus £315 (known) charged in overdraft interest - Total £5489.40. What is 'schedule of charges' to accompany my claim, outside what is in my letter. Is this a copy of charges list furnished by Woolwich or my personal diary of recorded charges?
Would love some further guidance before sending my claim.
Still haven't sent my letter to DCA. Should I do so at same time? All ready to go!!

PLEASE OFFER ADVICE - ASAP.

Michael Browne · 16th January 2007, 20:54

Schedule of charges is just a list of type of charge , amount and date.

Use the Simple S/S here:

http://www.consumeractiongroup.co.uk...eadsheets.html
and visual guide here:
Maisielou v Barclays - SETTLED!!

Overwrite the existing examples type of charge, amount and date.

The days since and 8% will be calculated automatically

Save it (for use later at court), then delete/hide the last 2 columns (8% bits) and print out as your schedule of charges.

e28bigalbexley · 16th January 2007, 21:17

Thanks for that Michael thats a handy thread to know about, so simple yet so informative

AL

tamadus · 17th January 2007, 00:32

Quote:

Originally Posted by hughes690

Have now prepard my letter - Preliminary approach for Repayment - I am about to send to Woolwich. My claim: £4603.50 (their returned figure to me) plus period not disclosed within 6-year limit, £570.90 more - total £5174.40, plus £315 (known) charged in overdraft interest - Total £5489.40. What is 'schedule of charges' to accompany my claim, outside what is in my letter. Is this a copy of charges list furnished by Woolwich or my personal diary of recorded charges?
Would love some further guidance before sending my claim.
Still haven't sent my letter to DCA. Should I do so at same time? All ready to go!!

PLEASE OFFER ADVICE - ASAP.

As Michael has said the schedule of charges is just a list of the type of charge, date and amount. If you run it through the spreadsheet it will calculate how much extra interest has been accrued due solely to the charges.

once you have the schedule SEND it along with your prelim letter of claim. It sounds like they are already acknowledging most of it

Give them 14 days in your prelim and if they dont respond fully don't waste time but send the LBA immediately the 14 days is up.

Dont forget to put in the prelim that the default was registred as a result of the unlawful charges and should be removed as part of your claim.

hughes690 · 17th January 2007, 18:20

Phew, again: Just completed Spreadsheet input and have printed a copy. My, my, it does look loverly! Still want to reconcile SS against figures in Preliminary approach for Payment letter. Will info thread soonest.

hughes690 · 19th January 2007, 17:33

I've done it! Sent off my Prelim Letter to Woolwich x Registered Post along with Schedule of charges. All checked and cross-checked. Amount requested is £5174.40, taken in illegal charges. (8% interest yet to be added at next stage).

I also posted my letter to DCA informing them I do not acknowledge their accounts and accounts are 'in dispute.'

Wish me well, as I do to all claimants: GOOD LUCK, GUYS. and thanks to all for their support and advice so far.

paddym · 19th January 2007, 19:21

good luck you have it all under control remember you stick to your timescale not theirs !

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