Hello again Fred. Firstly do not speak to a credit company on the phone. Put everything in writing. Once they are speaking to you you will get all sorts of threats aimed at you!!!! if you look on the template letters bit of this site you will find a letter to write to them asking for a copy of the original credit agreement which must have your signature on it, statements from the beginning of the crdit agreement and a copy of the deed of assignation. You send them a £1.00 fee and they have to provide this information or return your £1.00. It can't be used towards payment on the outstanding debt. If they cannot provide this information the debt may be unenforceable. Send every letter as signed for and persevere!!! There are follow up letters also on this site if you don't get what you want with the first one.

You do not have to make any payment that you cannot afford and they have no right to ask you for a financial statement.

It took me a long time and files of letter writing.

One more interesting point. If you are in dispute with a credit recovery company they cannot sell your debt on.

Keep at it

Susie Q

Hi Fred

It is my understanding that DCAs have no legal right to demand a financial statement from you. You can just tell them what you can afford to pay. The debt was probably sold on for about 5 to 10 per cent of the debts value. I would ask to have a copy of the original credit agreement. statements to date and the deed of assignation to prove that they can collect the debt.They have to supply you with this under the Consumer Credit Act 1974 section 77 -79.

Regards

Hi silverdale247

That is what I was going to do. I have had dealings(successfull I might add) with DCA's before. They do not intimidate me and I am always polite but firm. Thank you for your advice.

Susan

Thank you for that. At the moment I am on contribution based JS but that will stop in September as my husband has too much in savings.

Hi there

Can anyone tell me if I have to fill in a financial statement to a DCA? I have been making reduced payments for 4 years to DLC and the debt was moved to Moorcroft. As I became unemployed I negotiated payments with them of £1.00 per month starting 8th March 2012. The debt has now been passed to Allied International Credit who want to renegotiate the payment and for me to provide a financial statement. I have since found out that Moorcroft did not collect the £1.00 from my account as arranged. I keep getting calls from Allied.

Many thanks

SusieQ33

Hi there

Me again...Long time, no post.

I have now had a letter from Midas Legal Services who are the same people as Moorcroft, saying LITIGATION WARNING and encouraging me to call them to arrange payment. I have sent them a letter with a copy to Moorcroft repeating my former requests for a signed copy of my agreement and deed of assignment from Barclays bank. I also suggested they return the debt to CSL who illegally sold it on to them. In reply I got a letter from Moorcroft writing to confirm that they need a monthly sum from me which I can afford !!!!! This was followed by a phone call from Midas and one from Moorcroft both of whom I refused ( politely ) to speak to. They do not seem to be listening to me....probably because they cannot come up with what I have requested.

Any suggestions as to what I can do next?

Help please

Regards

SusieQ:roll:

Hello

Thanks for your reply. I will get that in the post.

Susie:)

Hi there

I have received a reply from Moorcroft Debt Recovery Ltd ( Pre-Court Division ). I had suggested to them that they return the debt to CSL as it was in dispute due to them not sending a signed copy of the agreement, so in their reply Moorcroft have sent a copy of the unsigned aggreement that CSL sent me but this one has had the signing box ommitted and the preferred terms also are missing. The account number is also missing.

I think that this is unacceptable. Can you suggest a reply?

I attach the pages that they have sent me

Many thanks

SusieQ

Hi

Thanks for that. I will get it in the post on Monday

Susie:)

Hi there

I need your help again.

Along time has passed and I thought that this had gone away!!!!!!!

Just had a letter from Moorcroft Debt recovery Ltd ( Pre court division- written in red ) containing a notice of intended litigation before legal proceedings and urging me settle the debt in full or to call them. I don't think so. Am I right in thinking that they cannot pass this debt on? and have you suggestions for a reply to their letter.

Thank you

:)

Hi there

As we only work for 38 weeks a year ( term time only ) we get the 5.6 weeks holiday entitlement at a pro-rata rate. We are paid it on the last friday in August.

Hope this helps

Hi there

Thanks for replying

My work schedule states

Hours of work: Mon 8am to 12.00pm

Tues 8am to 12.00pm

Wed 8am to 12.00pm

Thu 8am to 12.00pm

Fri 8am to 3.15pm

At the bottom of the schedule is says '' only contracted hours are included in the holiday pay '' Sometimes if someone can't work staff will cover so that is overtime but i can't see that if it is on your schedule it can be classed as overtime.

In my job description it states that I have to help set up the hall in the mornings.

The pre-school opens at 9am so my employer - the chair of committee ( we are a committee run pre-school ) says that 8-9am is classed as overtime!!!

I think that she is wrong

thanks for your help

Hi there

Yes I am paid from 8-9am so I think that this should be included in holiday pay as it is a requirement of the job to get the hall ready for the children to come in at 9am.

I work in a pre-school and am paid an hourly rate. The pre-school is open 9 -12.00 noon and I have to start work at 8 am to get the hall ready for the children. My employer says that my holiday pay only includes the hourly rate for 9-12.00 and the 8 -9 am hour is overtime and not included in holiday pay. As I have to work from 8am shouldn't this form part of my contracted hours and therefore be included in my holiday pay entitlement?

Help appreciated

Hi all

Latest in the ongoing battle with DLC!!!

I wrote to them offering a final settlement figure of £236 on my outstanding debt of £1300. I also mentioned that as a debt recovery firm they would have bought the debt at a fraction of the balance owing.

They wrote back and said they were working for Egg and had not bought the debt!! and would only accept £980 in settlement or an increased monthly payment of £96.50. I am just about to write to tell them what to do with it!!!

I think my next course of action should be to stop my £17.00 a month payment and let them take me to court where I can challenge the enforceability of the original agreement as it has the words ''approved limit'' in the prescribed terms.

What do others think?

Regards

Susan

Hi there

Thanks for that. Originally they asked for an I and E form from me which I did and agreed payment, then every 6 months they would phone me up to get an increase in payment. The last time they did this I refused to speak to them and they put the request in writing which is when I wrote back and said as my circumstances had not changed I was going to continue with my current payments. I am paying £17.00 p month on the debt of £1300. I have not defaulted on the payments and they are up to date. I said nothing about continuing or not continuing to pay when I told them I thought that the agreement was unenforceable. I received another computer call from them today asking me to call them dispite having written and asked for all communication to be in writing. Presumably this is in response to my lettter sent the other day saying that as I was not in arrears and continuing to make payments I did not see why they had served a Notice of Debt Recovery on me!!!!!

I will wait and see what happens next

Susan

Any updates on this case guys?

 

I have the same agreement and have been informed solicitors will be preparing court action as the next step!

Hi there

I have just posted a letter to DLC saying that I was confused as to why they were sending a Notice of Debt collection as I am not in arrears and am still making payments. I also included the template letter found on this site referring to doorstep collectors.

I will let you know what they come back with. I still think the original Egg agreement cannot be enforced.

Susan

amended to suit should put the cat amongst the pidgeons

 

Further to your letter dated........ , the documents enclosed provided in response to my CCA request was a two page document – the signature document and the document containing the rate of interest and a repayment schedule. However, I do not believe they meet the necessary legal requirement of a true credit card agreement for a number of reasons which I have clearly outlined below

 

I would like to draw your attention to the prescribed terms contained within the document sent to me. The page (unsigned page) states “we will tell you from time to time the approved limit we have set and if different the individual limit you have chosen for the account.” This does not conform to the requirement of the Consumer Credit Act, as although the limit may be advised from “time to time,” the wording must be: “Credit Limit” and not merely approved Limit or such like. To clarify, the use of the term “Credit Limit” is essential in order for the agreement to be in the prescribed form and to contain all of the prescribed terms. On these grounds the agreement does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.

 

 

I would also like to draw your attention to the following statement on the signed page, “This agreement will only be binding on us when we have completed and are satisfied with our final checks and other searches, and you have signed and returned the credit agreement to us”.

 

This clearly shows that the alleged agreement lacks equal consideration. After you completed your final checks and other searches you failed to provide me with a copy of a valid contract binding both parties as required to do so under regulated agreements and contract law.

 

 

In view of the above, as well as your omission on the agreement regarding a valid explanation of default, I do not acknowledge this agreement as having been properly executed and as such do not accept it as a valid contract binding both parties under section 59 of the CCA 1974An agreement is void if, and to the extent that, it purports to bind a person to enter as debtor or hirer into a prospective regulated agreement'

 

 

Finally, in my request for a true signed copy of a CCA you responded by sending me a 2 page document. However, in your obligation to service my CCA request you failed to enclose the relevant Terms and Conditions which are linked to the CCA you sent.

 

In light of the above flaws I am very confident that you (Lowell) and your client (Egg) will agree with me when I say that the ‘so called’ True Signed Copy of a CCA requested by me (..........) has not met the legal requirements and thus would be unenforceable if you wished to be peruse this matter further in a Court of Law. I look forward to hearing your response on this matter, and hope to hear from you within 14 days unless you consider this matter closed

Hi there

I wonder if you can help... Don't know if I can jump in on this thread but here goes. I have received a NOTICE OF DEBT RECOVERY from DLC for an Egg loan that I am still making agreed payments on. This was in response to a letter from me saying their Egg agreement was unenforceable due to the words ' approved limit ' in the prescribed terms.What can I say in reply to this? Would the above letter be OK? DLC also wanted a financial statement from me to increase the repayments but I refused to send it. The outstanding balance is £1300

Any help would be gratefully received. I do not want debt collectors on my doorstep.

Susan

Hi there

I have just received a Notice of debt recovery from DLC in response to my letter to them saying that their Egg card agreement was unenforceable due to the words 'approved limit' in the terms and conditions. I am not in arrears with the monthly payments and have continued to make the required payments. Can they send in the debt collecters simply because I refused to up my monthy payments and did not send a financial statement? Any suggestions as to what to say in my reply. I have been asked to phone them but guess what!!! I am not going to.

Thanks for any help

Hi

I sent the above letter to CSL and received a reply saying that they did not have to provide my signature in the box!!!!. I then made a request under the CPR and received a reply saying that there are no pre-action protocaols relating to debt recovery so they cannot produce any documents under the Civil Procedure Rules. I don't think that they have a signed agreement.. What should I do next?

Thanks

Thank you

Can you tell me if that agreement is enforcable?

Attached should be the Barclays agreement which isn't signed by anyone!!!!

Barclays doc1.doc

egg card 1.doc

egg card 2.doc

Thank you. I would appreciate you looking at them. What exactly do you want me to do? I am new to posting things

I have done that and I received a copy of the signed agreement and the statements of account. I am also going down the same road with Barclays via CDCS who have passed the debt onto CSL. I have received an unsigned agreement from CSL and have written back to say this is unacceptable.I have stopped payments on that account......What fun!!!!!!