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Fighting-Fit

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Posts posted by Fighting-Fit

  1. HELP NEEDED

     

    Would someone be able to help me with this please.

     

    A DCA has provided a CCA which is forceable :-x. Now the original agreement was on interest free credit. Does this mean the DCA cannot add interest to the debt or is that just wishful thinking on my behalf. I have agreed a monthly fee (I told them what I could afford to pay) but do not want to incur massive interest charges. :confused:

     

    Please HELP if you can.

    THANKS

  2. HELP NEEDED

     

    Would someone be able to help me with this please.

     

    A DCA has provided a CCA which is forceable :-x. Now the original agreement was on interest free credit. Does this mean the DCA cannot add interest to the debt or is that just wishful thinking on my behalf. I have agreed a monthly fee (I told them what I could afford to pay) but do not want to incur massive interest charges. :confused:

     

    Please HELP if you can.

    THANKS

  3. Hi guys, I sent this letter on the 11th July before going on holiday. It was in response to the DCA sending me a CCA (enforceable). Some guys have all the luck!

     

    Dear Sir/Madam

     

    Re: − Account/Reference Number xxxxxx

     

    With reference to the above agreement, thank you for sending me a copy of this credit agreement.

     

    I understand that we are now in negotiation of the above account, now you have proved you own the debt. My disposable income is very small and I propose to pay you £50 per month. My family have suggested that if you can reduce the debt to 50% they will consider lending me the funds for a FULL and FINAL settlement.

    I am now on holiday until the 25th July and await your response on my return.

    I will continue to ONLY communicate with you in writing and any other form of communication will be treated as harassment.

    I enclose a cheque for the first payment in good faith.

     

    I look forward to hearing from you.

     

    Yours faithfully

     

    On returning home from my holiday, I received a POSTCARD stating;

     

    WE ARE URGENTLY TRYING TO CONTACT YOU

    I WILL CONTACT YOU AGAIN BETWEEN 8:00am and 8:00 pm

    If inconvenient please call 08** *** ****

     

    THIS IS NOT THE RESPONSE I WAS EXPECTING FROM THE ABOVE LETTER.

     

    I have already sent them the I WILL ONLY COMMUNICATE WITH THEM IN WRITING LETTER.

     

    Even trying to pay these numpties is hard work.

    I have offered to make a full and final payment if they reduce the amount.

     

     

    Has anyone got any experience in negotiating with a DCA after a CCA has been received.

     

    Any help would be most gratefull.

  4. I have ammended the letter to also include communicating in writing only.

     

    Dear Sir/Madam

     

    Re: − Account/Reference Number xxxxxx

     

    With reference to the above agreement, thank you for sending me a copy of this credit agreement.

     

    I understand that we are now in negotiation of the above account, now you have proved you own the debt. My disposable income is very small and I propose to pay you £50 per month. My family have suggested that if you can reduce the debt to 50% they will consider lending me the funds for a FULL and FINAL settlement.

    I am now on holiday until the 25th July and await your response on my return.

    I will continue to ONLY communicate with you in writing and any other form of communication will be treated as harassment.

    I enclose a cheque for the first payment in good faith.

     

    I look forward to hearing from you.

     

    Yours faithfully

  5. You are so right berrylover, THANKS. ;) It is hard to concentrate when stressed. I dont even know if they will lend me the money. I just want to see what I can get the payment down to. Many thanks for your support berrylover. This site has helped me so much and it has made me Fighting-Fit. :)

     

    THANK YOU ALL.

  6. I am on holiday as of tomorrow for 2 weeks and am thinking of sending this as a response.

     

     

    Dear Sir/Madam

     

    Re: − Account/Reference Number xxxxxxxx

     

    With reference to the above agreement, thank you for sending me a copy of this credit agreement.

     

    I understand that we are now in negotiation of the above account as you have now proved you own the debt. My disposable income is very small and I propose to pay you £50 per month. My family have suggested that if you can reduce the debt to 50% they will consider borrowing me the funds for a FULL and FINAL settlement.

    I am now on holiday until the 25th July and await your response on my return.

    I enclose a cheque for the first payment in good faith.

     

    I look forward to hearing from you.

     

    Yours faithfully

     

     

    Some feedback would be great.

    I have not got the plague, just a CCA :lol:

  7. I have found this and would like to post it up on my thread as a point of reference and hopefully will be of some help to other members. Apologies if this is posted elsewhere.

     

    Consumer protection from unfair trading (but don't tell anybody)

     

    You may be aware that the Consumer Protection from Unfair Trading Regulations (CPUTR) come into force on 26 May 2008. They have been described by the Department for Business Enterprise and Regulatory Reform (BERR) as being the biggest change in the consumer protection frame work for 40 years.

     

    If this is a revelation that has so far passed you by, don’t be surprised; there are many businesses out there that are only just waking up to the potential effect of these new regulations.

    This may be due to the general way in which the regulations apply. Over the past few years a number of EU directives have been implemented into British Law that deal with specific areas or ways of trading. The CPUTR incorporate the Unfair Commercial Practices Directive, which was deliberately designed to introduce a general prohibition on unfair commercial practices across all business sectors. In other words, this was designed as a catchall directive to fill in the gaps left by the earlier specific directives and to ensure a general standard of fair trading across the EU.

    Consequently, large numbers of prescriptive rules dealing with specific areas of trading are being abolished or amended. Obscure legislation, such as the Fraudulent Mediums Act 1951, the Mock Auctions Act 1961 and the Tourism (Sleeping Accommodation Price Display) Order 1977 are being swept away. Perhaps more relevant on a daily basis are the changes to important trading controls such as the Trade Descriptions Act 1968, the Fair Trading Act 1973 and the Consumer Credit Act 1974. There is unlikely to be a business in the UK that is not directly or indirectly affected by these changes.

    So, what is coming in place of all these old regulations? The new regulations are principles-based and set out a number of broad rules, which provide three tiers of protection for consumers as follows:

    1. They prohibit practices that are contrary to "professional diligence" – that is, the standard of behaviour, which a trader needs to exercise in order to demonstrate either "honest market practice" or "good faith" in their chosen field of activity

    2. Secondly, misleading practices (actions and omissions) and aggressive practices (defined as harassment, coercion or undue influence) are outlawed

    For both of these tiers, an offence is only committed if the practice in question can be shown to have had a negative effect: such as by materially distorting the behaviour of an average consumer or by causing them to take a transactional decision they would not otherwise have done. However:

    3. There are also a number of specific practices (31 in total) that are considered sufficiently serious to be prohibited in all circumstances, regardless of whether they have had any effect on consumer behaviour

    As indicated, the rules are (deliberately) broad and many businesses will undoubtedly struggle to come to terms with how the concepts affect their own behaviour. The regulations do not just relate to a purchasing decision by a consumer; they are designed to have an impact before, during and after a purchase. Indeed, they are designed to have effect even if there never is a purchase at all. As an example of just how wide this can be, the OFT have stated that the regulations even extend to cover the way in which unpaid debts are collected from consumers.

    One key negative impact is that the regulations are not only subject to civil sanctions (being enforceable by the OFT, Trading Standards and similar bodies under part 8 of the Enterprise Act 2002) but also carry substantial criminal penalties, amounting in the most serious cases to unlimited fines and/or two years in prison. There are "due diligence" defences available in most cases but a trader who fails to give proper consideration to the requirements of "professional diligence" risks being guilty of "reckless" engagement in a practice that contravenes the regulations.

    BERR have stated that the majority of businesses that deal fairly and honestly with their customers will not have to change their existing behaviour but will benefit because they will no longer have to face unfair competition from those who use underhand tactics. The OFT is also on record saying that it is not going to be interested in technical breaches of the regulations that do not have an adverse effect on consumer behaviour (though don't forget those 31 specific practices).

     

     

     

     

     

     

     

  8. Thanks Babybear. I sent a copy of my passport to Equifax when I applied for my credit reference. They had asked for it. That was before I found this site. they asked for an utility bill and a copy of either passport or driving licence. I could black out my signature. What do you think.

  9. If I just send the SAR to the OC (Original Creditor) addressed to the Data Controller at the address I have (for them) along with a list of all my previous addresses from the last 6 years and a photocopy of my passport and a utility bill (as proof of my identity), would that be correct.

     

    Can anyone help please. :)

  10. S.A.R - (Subject Access Request)

     

     

    I have sourced the template for the S.A.R - (Subject Access Request) letter here;

     

     

    1. Data Protection Act, Subject Access Request letter - List of charges

     

    I would like to SAR the CRA's (Credit Reference Agency) and the OC. On the above link it mentions sending it to the Data Controller. How do you make sure you send it to the right office (In the case of the CRA's, I can find the address). Would I have to write to the OC in the first instance to check the right address for the Data Controller. Also, I have moved address 6 times in the last 5 years. Would I have to inform them of all my addresses in the last 6 years.

     

    Can anyone help with this please. :)

  11. This is what I would do in your situation.

    1 Send the Prove it letter ( it bides you time and puts the debt in dispute)

     

    2 Send the telephone Harassment letter (more proof for your case)

     

    3 Make contact with the authorities about the malpractice of the DCA. It is not even your debt.

     

    4 If they send proof, then SAR them to include all telephone communication as well.

     

    5 Take them to the cleaners

     

    loislanehere try and speak to the TS and OFT and any other authority other members advise you to on the phone first. Find out exactly what they want from you.

    Good luck loislane I will be rooting for you.

  12. If they prove the debt is owed they will know by then that they are not dealing with someone who doesn't know their rights They will have been investigated by the authorities about the taped phone call and they will treat you differently. If the debt is for a mobile phone then yes it (CCA) is worthless. I would write to them and ask details of their complaints procedure. Then I would complain about the phone call and let them know you have the tape. loislanehere you have a lot of letters to send off and the sooner the better I would say. ;)

  13. HI loislanehere, the CCA request in your case is not the best option. The original creditor is a mobile phone company and they do not have to produce a valid CCA. You still want them to prove the debt so the following letter would be more appropriate in your case.

     

     

    Dear Goons

     

    You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

     

    I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

     

    I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

     

    I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

     

    Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

     

    I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

     

    I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

     

    I/we look forward to your reply.

     

    Yours faithfully

     

    I know you have already made payments to these goons but its as if they have seen that as a sign of weakness and have gone in for the the kill. Stop payment, send the prove it letter and send the letters to TS and OFT concerning the tape as per slick132's advice. It's time to fight back. You can get a telephone harassment letter to send them on my thread.

    You have tried to do the "decent" thing and they have abused that. Time for a different approach. From now on dont speak to these people on the phone (you already have evidence) dont acknowledge the debt (until they prove otherwise) dont sign anything. Send the letters individually (it will be easier to document) send all letters by recorded delivery. The prove it letter will buy you time. The TS and OFT should have been in touch with the DCA and they will back off. Good luck loislanehere. :)

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