sadly that's how DCA's work all threats till you scratch the surface and find out the truth of what they can and cant actually do.

I guess so, i'm really confused.

Confused at the relationship between the two i.e. the OC and DCA

- is there a guide anywhere i can find to explain the in's and out's once an accounts been sold onto a DCA?

It's so confusing to still have to deal with the OC for certain things when the DCA have bought the debt.

And i still dont know who to address a claim to if i go down that route

Or if I pay the arrears do i pursue the OC for the claim?

Thank you again dx100uk

- im sure there are better things you could have been doing on a sunday but i want you to know your help is appreciated

well you need to get reading

you've not read one relevant thread

.

they cant default you

and they cant terminate the agreement.

dx

Hi

I have read a number of threads but it's difficult to find one with a situation identical to one's own and i don't want to keep asking the same questions over and over, but I genuinely don't have the answer's - it's not because I'm too lazy to go and find them for myself - believe i have scoured the site - I will try again tonight but i'm only asking for help as time is not on my side as explained above.

I have scanned up the diary notes as they call them, it now transpires that the 'pomp' charges that we thought were pomp are actually interest. I went through my statements at 2am this morning and all the amounts match up perfectly - no sign of any pomp. So i think the only thing i can add to the CIS sheet would be 12 admin charges they had applied.

If you could take a look at the notes and let me know if you can see anything of interest I'd be extremely grateful as always.

Thank you

Diary Records.pdf

p'haps you've read threads regarding your players but not DCA's in general

but never mind.

why are you 'running out of time'?

I will try and find some again in an attempt to gain some of the answers I still need.

I’m running out of time mainly because in order to make payment (I owe the money - aside from the charges and I just want to know who to address the claim to - and if I’m able to if I clear the balance) I have until Wednesday 28th feb to use the zero % offer on my credit card.

The hurry to make payment, whether that be the arrears or payment in full is to prevent any further marks on my credit file.

I simply can’t risk them issuing the default even if they can’t legally

- it would take time for me to complain through the correct channels and meanwhile the mortgage I need goes out the window .

Thank you again I do appreciate your help

i'll run through this again later HC.

I'm wondering if it wouldn't hurt you to go ring the Information commissioners Office

tell them that 1st credit have issued a DN threat , are you correct in that as a debt buyer, not being the original creditor , they cant do that under section 87/88 of the consumer credit act.

I can certainly try and contact them today and let you know what they say is there anything you can think I need to ask? I’ll call on my lunch hour.

Thank you again

what do you think you need to ask..whats the weather like in outer Mongolia....

post 82

what do you think you need to ask..whats the weather like in outer Mongolia....

 

post 82

Ulaanbaatar, Mongolia

Tuesday

Scattered Snow Showers

-10

-15

Sorry - missed a word out there which now means the whole post reads completely wrong!! meant to say - 'is there anything else you think i need to ask! lol. Anyway off to make the call...

Ok - after bing on hold for 23 mins i finally got through to a lovely lady.

I think this GDPR is taking up their time - poor sods!

They CAN issue the default if I am more than 3 months in arrears, which i am - so i need to get a payment sorted asap.

My only issue now is the 12 admin charges which are on the account,

has anyone had any experience of pursuing 1st Crud for anything like that in this situation?

As the lady advised that if they are the legal owner of the debt then they are the ones i need to pursue,

whether its easier to pay the debt in full and then make a case or pay the arrears and then try and sort it remains to be seen.

But at least we have an answer on the default issue... thanks for bearing with me and sorry again for the above lol

sadly shes wrong on both counts IMHO

p'haps andyorch will comment if passing by.

dx

Hmm ok - I always welcome your opinion dx100uk, gosh if it was 2 years ago i would have chanced it and risked allowing to let it run, my credit score was non existent but i don't want to undo the hard work. They already registered a late payment mark in December which affected my score, thats when the account was supposed to be 'on hold'...nice one! i suppose that's how they work though!

I'd welcome andyorch's thoughts too if poss

Can anyone advise on whether it's worth pursuing the charges on the account at all? there's approx £144 plus £750 growing interest. Would it be 1st Credit I'd have to pursue or JDW?

Thank you

always the oc

but jdw rarely cough up sadly

Really dx? Think I'm better off just paying up then and having done with it rather than delaying any longer probably, I guess in their eyes they've sold the debt too so it's not really in their interest to make any reductions is it?

no harm in asking just list them in a letter.

stating under fca rules etc etc they are unfair.

but we rarely see them cough up.

Dear Sir/Madam

My request

I am writing to ask you to refund the charges which you have levied from my account between [date] to [date in respect of [name the different fees charged] to the sum of [total from top of spreadsheet] and the sum of [interest] representing the rate of interest applied by yourselves in respect of the said charges this totals [total from spready] (Please find enclosed schedule of charges detailing dates, amounts and interest) i now understand that such fees are unlawful at Common Law, Statute and recent consumer Regulations.

[line if for bank accounts] I believe the fact that I have been incurring penalty charges goes contrary to the aims of the Lending Code (Section 9) and Banking Conduct of Business Sourcebook (section 5.1.4 ‘in particular, a firm should deal fairly with a banking customer whom it has reason to believe is in financial difficulty’).

Under the Unfair Terms in Consumer Contracts Regulations 1999 charges must reflect administration costs and cannot be punitive. I believe that the charges are unlawful as they do not reflect your true costs.

In the case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract as oppose to a charge which represents a penalty. This law was confirmed and upheld in Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79. A charge will be held to be a penalty if the sum stipulated for is extravagant and unconscionable in amount in comparison to the greatest loss that could conceivably be proved to have followed from the breach. A penalty clause is void in its entirety and unenforceable.

I would like to bring your attention to the following statement by The Office of Fair Trading:

"A term in an agreement which requires the borrower to pay more for breaching the contract terms than actual costs and losses caused to the lender by the breach (or a genuine pre-estimate of that) is likely to be regarded as an unfair penalty and to be unenforceable both at common law and (in a consumer mor) under the Unfair termsicon in Consumer Contracts Regulations.

I believe that the charges you have levied of far exceed any true cost to yourself as a result of our breaches and any genuine pre-estimate you could conceivably reach. If you disagree, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put to as a result of my breaches, in order to reassure us that your charges really do reflect your costs.

I really hope that this matter can be resolved amicably and without the need for redress to the courts. Thus I am asking that you refund the charges which have unlawfully been levied on my account. Failure to refund all the money unlawfully taken from us will result in us taking further action. I will give you 56 days to reply accepting, unconditionally, my request in principle and letting me know a date by which we will receive payment. If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

After that, there will be no further communication from me and I shall either involve the Financial Ombudsman or issue a claim at the expiry of the second deadline.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

Thank you - It's certainly worth a try isn't it? I'll make a monthly offer to keep the wolf away from the door so to speak and see how that goes.

Huge thanks for all your help again - much appreciated

Hi all, I'm hoping you lovely people can advise me on a 'situation' i have with Intrum - formerly 1st Credit as above.

I continued to pay the monthly amount on the account above to 1st credit and was advised about 7 weeks ago that they had now changed their name to Intrum,

when i sent last months cheque i asked for their bank details because i thought it would be easier for me to pay by bank transfer each month.

They have had no problem with me paying by cheque for some time now, after they received the chq they wrote to me and said thank you for agreeing to a payment plan,

they are happy to accept on the condition that i complete an income and expenditure form online.

I haven't done this because its not something i was happy to do to be honest, and because i haven't done so they have written to me again today to say i need to get it done with 30 days or the agreement will be terminated!!

Do i have to complete this information?

Can i just keep making payments as i have done?

I could really do without the stress

Thank you in advance - hoping someone can offer some advice...

They are not entitled to know any of your pers financial detail

Only a judge can demand that

Write them a letter

Unless you give me your bank details as i wish to setup a standing order

I will cease payment in 30 days

I have no legal requirement to provide you with any pers financial information..

And shall never be doing so

The majority of the balance you seek comprises solely from unlawful penalty fees

Please see enclosed speadsheet

Until or unless these are removed my payment shall be £1pcm

Thank you dx100uk

- much appreciated as always.

I haven't seen a form like it to be honest

- have just been googling I&E forms and this one is a devil of one for sure!

they want a post mortem on everything! theres no way id feel comfortable giving them any of this info

I will get a letter off to them tomorrow.

Thank you again

- i did think that was the case but all the posts i found were quite old and i didnt know if things had changed since then.

Huge thanks again

Just use the following and pay here....

https://www.intrum.co.uk/customer/

Dont get into silly letter exchange.

Andy