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MAVE

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Everything posted by MAVE

  1. Thanks again lookforinfo. You helped me on a previous thread of mine. I was just confused as to whether to send this letter above, as some people seemed to suggest, or whether to send the SAR letter asking for a list of charges on my account instead. I have had conflicting advice also, and I am confused. Plus,today I received a bad photocopy of my application for the credit card, in response to my letter asking for the original credit agreement. This is just one of the accounts that the debt company say they bought. It is quite high:- about 6000 and I don't think they will let it lie, but I would rather just pay the debt, not a huge amount of charges, which I am sure make up this amount. I am just not too sure of the best way to proceed.
  2. Hi I copied this letter (see below) from a post on here. It said that this is the letter I should send if a company has not complied with my request for a signed agreement,deed of assignment, and statements of account including charges. As this is a serious sounding letter, can anyone confirmthat I have the right to send this to a DCA if they have failed to provide me with the documents that I have asked for? So far, they have only sent a fuzzy copy of an application formwhich I made for a credit card about 7 years ago,and nothing else. Can anyone help? Letter: LETTER BEFORE ACTION" Dear Sir/ Madam Debt Company P BOX XXXX Re agreement no. XXXXXX I wrote to to you on XXXXX via A recorded delivery letter,requesting a true copy of the signed agreement under the terms of the secs. 77(1) and 78(1) of the CCA 1974,enclosing the statutory maximum fee of £1 in the form of a postal order for the two accounts above.I have a copy of the letter and receipts for the special (recorded ) delivery slip, as well as proof from The Royal Mail that these letters were received and signed for.i I have not been provided with a statement of account, and I have not been provided with a true copy of the deed of assignment, despite my properly formatted and paid for request. I therfore do not acknowledge any debt to your company.. I will not be making payments against this "debt" as it is unenforceable. I believe that you have now committed a criminal offence under the terms of the Consumer Credit Act, and non compliance with the original request is therefore a complete defence to any court claim that is issued. This will result in a report being submitted to trading standards and the relevant statutory authorities. I have already paid you £200 against the account I shall require repayment in full of this money within 14 days or I shall begin a claim against you for the full amount plus interest plus my costs and without further notice. I shall be checking my credit file to see whether you have lodged a default of the debt with credit agencies experian and equifax, As the debt is now unenforceable i request that-should this be the case- this is removed from my file immediately and without delay or I will be forced to take legal action. No other correspondence will be entered in to. Yours faithfully Last edited by andy8 : Today at 00:04.
  3. Thanks Boozy and lookinforinfo. I naively had not realised that I should send a request to the actual companies. The debt collection company said that they had taken over the debt, so I sent my intial request for a credit agreement to them. Reading some old posts on here just now, it seems as if I am not the first to be confused by whether these companies are the ones to write to or not. Thanks for the good advice. Willlet you know how I get on.
  4. Hello Boozy Thanks for this. It looks just what I need. I shall send it immediately. Have you had experience yourself of doing this? I wonder if anyone has had a positive experience of being able to get charges reduced? I am hoping that I can dispute any charges which seem injust and I know that the debt balance must be including very high charges. It was never this high.I let things slip,I know, after a breakdown, but I do not think it fair that Ihave to pay far far more than the debt itself. Can anyone highlight a course of action to dispute charges? (Presuming I get a reply and list of charges once I send this letter)?
  5. Hi, could anyone help. I am seriously depressed about this and cannot tell anyone. I feel absolutely isolated and haven't a clue where to go next. After receiving letter from a debt collection agency for debts amounting to nearly £9000, I followed advice on here and copied a template letter which asks for both the credit agreement and for a deed of assignment relating to 2 debts: Barclaycard and a storecard, both allegedly bought by a debt company. I sent these on October 23rd. Since then, they have sent back 2 copies each of the signed application forms: one for each debt, but not anything else. They were both sent withing the 40 days, but after the 12 days of receipt of my letter by recorded delivery. Please can anyone answer my questions. Should I send them a letter requesting the deed of assignment of the debt? (As they failed to send this). I also have seen a letter on here somewhere requesting that they send me a full list of charges which make up the debt, but cannot find it now. Could anyone direct me to it? The debts seem very high and I suspect that most of this constitutes charges. Could anyone advise me of what to do next and what path is open to me, to offer to pay the debt obviously but not the ridiculous charges that have made the amounts very high. Any help would be appreciated.
  6. Hi djweeble The DCA is Lowell and the last payment would have been made- to the best of my recollection- in or around 2001. It would not have been over 6 years ago. Re which letter to send, I am and have been really confused because I have read loads of threads on the same thing and similar circumstances and some people say send an SAR some say a CCA. I downloaded some links to letters and I can see variations in both SARs and CCAs. The letter I sent begins 'Subject to access request' but asks for a £1 postal order and reads just like some of the CCA letters on here. There is a signature, but like everything else on the form, it is barely legible. Could you advise as to the next step, or any othert letters I can write? Should I send another or what? This is confusing and I had hoped they would send nothing, then I could send the letter I had downloaded, saying that they had broken the law etc, and follow the pattern that others had laid down. Now I am at a loss...
  7. Hi At the risk of being accused of hijacking a thread, I had a similar problem and a DCA ignored my original CCA and SAR requests, instead just sending out more threatening letters. Stupidly I then sent another request and postal order, rather than a follow-up letter, or just waiting.This meant that they had more time to respond. They then produced a rather illegible copy of my original application for the store card and I now don't know what to do. Am I in the same position as Toddle2u? I just wondered if I should adhere to the same advice that people are giving him/her?
  8. Thanks Pam The debt is for a much larger amount than I remember-probably fees and interest charged by the Debt collection agency? I don't know. Also, after reading people's stories on here, I gathered that without the correct (and legible) agreement, the debt collection agency could not enforce the debt. It stings also that it was just coming up to the 6 year period when I heard from them and was scared into writing to them by threatening tactics, letters saying they would come to my home. I was hoping that I would only pay what was due, not fees and charges, or if there was a legal reason why I could just pay what the DCA had bought the debt for, not the exhorbitant amount they say I owe, especially as it would have been unenforceable after 6 years- or so I believe. A lot of people said they had debts written off, and defaults removed from their file because a company could not provide a credit agreement within 12 days, or so I had gathered. Is there a template of a letter, or guidance for what a credit agreement constitutes, and what I should be looking for? And is it okay that they can send me an illegible copy of my first application form for ythe storecard (presuming that this is what it is, as I can't read most of it) when I asked for a credit agreement. Any advice would help!
  9. Hello Can someone help me? I followed advice given on here and sent the DCA a letter - from templates- which began 'Subject To Access Request', as advised. I sent this with a postal order for £10 and sent it recorded. However, they then totally ignored this, and just sent me yet another threatening letter as before. People have said not to call these companies, so I didn't know what to do. Stupidly (I think), I sent another of the same letter, about 14 days after I had sent the first. I think I should have waited or maybe sent a copy of the original, stating again that they had 40 days from my first letter, because of the 'ticking clock' that everyone talks about. Have I cocked up here? Now, they have sent something back within 12 days of my 2nd request, but after about 20 days of my first request. Could someone advise me of the next step? Also, what they have sent back is almost illegible. It looks like the original 1st page of the form I completed for the store card whose debt they are chasing. Is this what I should have received? Could someone tell me what I should be looking for, and is this it? And what to do next? I am a total novice so would appreciate anyone's experience of this. Thanks Mave
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