HFC & Amex- they didn't reply to my CCA request!

[Docman]

Hi everyone

Interesting thread. I like the post that when we disagree, we are still polite to each other. Despite dealing with the **** of DCAs, we can still show them how reasonable people behave when faced with difficult circumstances.

On this point, I have to agree with Laiste, sorry CB. I had one bank chase me for a credit card debt of £3k from 2004 when I was unemployed and the PPI company (another part of the bank) didn't pay up. The debt went through 4 DCAs who all backed off when I wrote explaining the dispute (no CCAs needed).

The latest one claimed to have purchased the debt through a deed of assignment and came on aggressive from day one. I then found CAG and issued a CCA by recorded delivery at the beginning of June with a £1 cheque (still a little green). The DCAs tame solicitor replied at day 12+2+ another 3 days. They said DCA had docs, so pay up BUT didn't provide any CCA. (Since the application was pre 1996, I doubt an enforceable CCA exists but I'm NOT assuming that). I wrote back to the solicitors asking for CCA and Deed of Assignment but didn't hear anything back and I didn't contact them again. Today I've received a claim form from the County Court from the DCA. There are so many errors in the claim I won't detail them here. Suffice to say I'm now going to defend. And boy will I defend!!

[payingonlyencouragesthem]

Hi everyone

 

Interesting thread. I like the post that when we disagree, we are still polite to each other. Despite dealing with the **** of DCAs, we can still show them how reasonable people behave when faced with difficult circumstances.

 

On this point, I have to agree with Laiste, sorry CB. I had one bank chase me for a credit card debt of £3k from 2004 when I was unemployed and the PPI company (another part of the bank) didn't pay up. The debt went through 4 DCAs who all backed off when I wrote explaining the dispute (no CCAs needed).

 

The latest one claimed to have purchased the debt through a deed of assignment and came on aggressive from day one. I then found CAG and issued a CCA by recorded delivery at the beginning of June with a £1 cheque (still a little green). The DCAs tame solicitor replied at day 12+2+ another 3 days. They said DCA had docs, so pay up BUT didn't provide any CCA. (Since the application was pre 1996, I doubt an enforceable CCA exists but I'm NOT assuming that). I wrote back to the solicitors asking for CCA and Deed of Assignment but didn't hear anything back and I didn't contact them again. Today I've received a claim form from the County Court from the DCA. There are so many errors in the claim I won't detail them here. Suffice to say I'm now going to defend. And boy will I defend!!

 

And counterclaim for mis-sold PPI I hope. Since some judges have been ignoring the law and enforcing on the basis of statements etc. you will need to be diligent with that defence.

[Laiste]

Good morning all!

 

I am very busy at the moment, so I'm sorry I haven't yet responded to your post yesterday Priority-I will in due course.

 

Lets be absolutely clear, there is no difference whatsoever between chasing CCA request defaulters and pointing out the law to them! The distinction is being drawn without there being a difference! Correct me if I'm wrong, but if you are inclined to send follow up letters, are you not making reference to the law, or are you simply making a polite request with no reference to the law at all?

 

Priority, your creditors have backed off, for now.....and therein lies the problem. You will have these matters hanging over your head, long after I've won my husband's case with HFC. The greatest letter writing skills in the world won't protect you from a creditor intent on getting his money, that's just reality, I'm afraid. For people like yourself, you face the prospect that one day soon the dreaded claim pack will drop through your letterbox. Such a scenario is not met with dread however, by those that are prepared for such an eventuality. As POET correctly points out, firing off letters left right and centre simply alerts the relevant parties, which will negatively impact on any Defence and Counter-Claim you will look to submit.

 

Don't be naive Priority, nobody actively and joyously "chooses" the Court route! It's almost as though you're suggesting I am encouraging people to take the fight to the Banks and credit card Companies, which I am not! I want people to give these Companies enough rope to hang themselves, so that when they face a Court claim, they can draft a Defence and c/c which will ensure that the creditor settles and runs away, long before the case sees the inside of a Courtroom, because they are frightened of the implications of having to account for their behaviour during the 12mnths for example, when a CCA request was ignored! Can you not see the logic behind my strategy, or are you just too narrow minded to consider it? I figure that given that I'm apparently arrogant, what's good for the goose etc....

 

The simple fact is, when a creditor has decided your time is up, the claim is issued and you have to decide what you're going to do about it. As you say, you have never been issued with a Court claim, so you can't speak authoritatively on how best to deal with these situations, as you are not in a position to give any guarantees to the people you advise, that they won't receive a Court claim! Essentially, what you have to do is look at the situation the wrong way round. An individual is at the stage of having to file a Defence and C/C. Has any of the advice that you have been giving from day one negatively impacted on that person's ability to file a comprehensive Def and C/C? The answer is yes and you can't undo what's gone (or not, as the case would be) before when you are at that stage! Everything comes down to what is contained in those two documents and based on your advice, if I were to follow it, (hell would freeze over first obviously) whilst the sheets of paper wouldn't be blank, I certainly wouldn't have much to write!

 

If an individual does as I advise, they will have a cogent Defence and C/C to present to the Court to win their case and before they know it, the matter will be OVER! Surely that's what people want isn't it? To be able to draw a line under the situation and move on with their life, rather than be stuck in no man's land for God knows how long? I am not a proponent of prolonging misery, I believe in bringing it to an end as soon as possible and certainly not on the creditor's terms! Why on earth would anyone want to put themselves at the mercy of such vultures? If you are giving advice that doesn't prepare a person for the prospect that they may end up in Court, then you are tying their hands behind their back effectively and they might as well give up and admit the debt!

 

The stronger arguments you have, the MORE chance you stand of keeping a case out of Court, surely common sense tells you that?

 

Regards,

 

Laiste.

[Laiste]

Fab thread - and thats to POET for directing me here

 

Laiste you are the queen amongst queens and you have given me some fantastic advise and reassurance directly and indirectly

 

P1 equally you have provided me with the same and have made me feel a lot better in certain situations.

 

I do feel that Laiste as you are an expert in this you would perhaps relish going to court and taking them on however, for most the thought of that is petrifying. What you say is absolutely right you should start out with court in mind however, most would prefer to write letters left, right and centre to resolve it without an appearance in court.

 

That said I am going to take your advise and do nothing regarding CCA's in default and at least (like you say) you have a stronger case in court.

 

Thanks guys your advice is invaluable:)

 

 

Hi Linz,

 

Thank-you for your lovely comments, high praise indeed!

 

I am very pleased that my advice has helped you both directly and indirectly and reassured you also.

 

I am in agreement with you that for many people the prospect of Court is petrifying and I understand that entirely! The stark reality is however, if you are not making normal payments to an a/c, at some stage a Court claim will be filed.These Companies as everyone knows, play hardball, so why anyone would assume that they will be allowed to continue making nominal pmts forever and a day, with the Bank's blessing, when they know you own a property (for example) is beyond me! More and more people are getting into difficulties with loans and credit cards, so the worse the situation gets, the more aggressive the banks and credit card Companies will become in enforcing debts. I wouldn't disagree that it's probably possible to stave off a Court claim for a period of time, by sending various letters to creditors, but eventually it will happen!

 

As far as I'm concerned, if you know how to deal with these situations to achieve the best possible outcome from day one, and refrain from becoming fixated on avoiding Court at all costs, you stand a much better chance of getting rid of debts and moving on with your life. This has to be preferable to finding yourself living with the constant uncertainty regarding what the creditor might do next, and unable to plan for any sort of future for yourself and your family?!!

 

Fighting back does take courage, but it's a lot easier than you might think! If some people have opted to write to creditors and challenge what they're doing, that shows a determination to fight back! A Court claim is no different! Whenever you are questioning/challenging someone else's point of view, you are making an argument, so there's nothing to stop you doing it in front of a Judge, if you have to! They're human beings as well and some of them are even quite nice! If you get a stroppy one, just imagine him sat on the toilet, he won't seem quite so intimidating

then!

 

Regards,

 

Laiste.

[linz2011]

They're human beings as well and some of them are even quite nice! If you get a stroppy one, just imagine him sat on the toilet, he won't seem quite so intimidating

then!

 

LOL

 

I am now more so with you on this Laiste - I do think ultimately it depends what you are wanting to achieve from this - me personally I am looking to offer F&F to the ones who cannot produce a copy and get rid of my debt once and for all but if you are just hoping that it will disappear then I agree it will not there are too many DCA's out there and because, like you say, personal debt levels are souring they are getting more aggressive and trying every trick in the book to secure their monies.

 

Nothing like a good debate - and ultimately we are all here for the same purpose - to bury them

[PriorityOne]

Good morning all!

 

I am very busy at the moment, so I'm sorry I haven't yet responded to your post yesterday Priority-I will in due course.

 

Lets be absolutely clear, there is no difference whatsoever between chasing CCA request defaulters and pointing out the law to them! The distinction is being drawn without there being a difference! Correct me if I'm wrong, but if you are inclined to send follow up letters, are you not making reference to the law, or are you simply making a polite request with no reference to the law at all?

 

Laiste.... I doubt that you will ever see my point of view on this. However, at the end of the day, I know what can be achieved by following the methods outlined earlier and that's good enough for me. Any letters I have written in response to those received from creditors have not requested or reminded any of them of their legal responsibilities... but have mentioned questionable aspects of their business activities that they would prefer not to have disclosed in court. As a result, these accounts have been sold on to bottom-feeders whilst in dispute.... which has just given me more ammunition to use against them, if needed.

 

Priority, your creditors have backed off, for now.....and therein lies the problem. You will have these matters hanging over your head, long after I've won my husband's case with HFC. Not so Laiste... we are talking 8 years ago on one of these now.... The greatest letter writing skills in the world won't protect you from a creditor intent on getting his money, that's just reality, I'm afraid. For people like yourself, you face the prospect that one day soon the dreaded claim pack will drop through your letterbox. I heard similar words from the solicitor who's advice was sought over a joint liability, £52k ex-repo debt.... yet this was settled out of court for absolute peanuts !.... F&F.... years ago too. Going to court would have been a huge gamble for me for reasons I can't go into on here, but they were in the driving seat on this one... which is why I couldn't risk going to court. However, while they believed (incorrectly) that they had nothing to gain by pursuing legal action.... they didn't do it.... and I came out of it all unscathed, so to speak. Such a scenario is not met with dread however, by those that are prepared for such an eventuality. As POET correctly points out, firing off letters left right and centre simply alerts the relevant parties, which will negatively impact on any Defence and Counter-Claim you will look to submit.

 

Don't be naive Priority, Cheers !... nobody actively and joyously "chooses" the Court route! It's almost as though you're suggesting I am encouraging people to take the fight to the Banks and credit card Companies, which I am not! I want people to give these Companies enough rope to hang themselves, so that when they face a Court claim, they can draft a Defence and c/c which will ensure that the creditor settles and runs away, long before the case sees the inside of a Courtroom, because they are frightened of the implications of having to account for their behaviour during the 12mnths for example, when a CCA request was ignored! Are you saying that a CCA cannot be re-enforced if/when it turns up months after the deadline then ? Can you not see the logic behind my strategy, or are you just too narrow minded to consider it? I figure that given that I'm apparently arrogant, what's good for the goose etc....

 

Lol... ... we approach situations from different angles, that's all. My experience of debt hasn't followed the route that you believe is set in stone for all of us.

 

The simple fact is, when a creditor has decided your time is up, the claim is issued and you have to decide what you're going to do about it. As you say, you have never been issued with a Court claim, so you can't speak authoritatively on how best to deal with these situations, as you are not in a position to give any guarantees to the people you advise, that they won't receive a Court claim! Nobody can give guarantees about anything Laiste.... and people can still lose in court on the day. Even you lost the first round with HFC and you have more knowledge than most of us. Essentially, what you have to do is look at the situation the wrong way round. An individual is at the stage of having to file a Defence and C/C. Has any of the advice that you have been giving from day one negatively impacted on that person's ability to file a comprehensive Def and C/C? The answer is yes and you can't undo what's gone (or not, as the case would be) before when you are at that stage! Everything comes down to what is contained in those two documents and based on your advice, if I were to follow it, (hell would freeze over first obviously) whilst the sheets of paper wouldn't be blank, I certainly wouldn't have much to write!

 

Laiste, if you want to control the boards.... then please go ahead. I offer advice based on some extremely stressful experiences of dealing with creditors and DCAs first hand, for many years. People do not have to follow any advice that I offer and my ego certainly doesn't depend upon it.

 

If an individual does as I advise, they will have a cogent Defence and C/C to present to the Court to win their case and before they know it, the matter will be OVER! Surely that's what people want isn't it? To be able to draw a line under the situation and move on with their life, rather than be stuck in no man's land for God knows how long? I assume that you don't consider yourself still there with HFC then ? I am not a proponent of prolonging misery, I believe in bringing it to an end as soon as possible and certainly not on the creditor's terms! Why on earth would anyone want to put themselves at the mercy of such vultures? If you are giving advice that doesn't prepare a person for the prospect that they may end up in Court, then you are tying their hands behind their back effectively and they might as well give up and admit the debt!

 

The stronger arguments you have, the MORE chance you stand of keeping a case out of Court, surely common sense tells you that?

 

Regards,

 

Laiste.

 

Any chance of agreeing to disagree... as I tried to do earlier... and letting this one go now ?

[Laiste]

Laiste.... I doubt that you will ever see my point of view on this. Why would I? It makes no sense! However, at the end of the day, I know what can be achieved by following the methods outlined earlier and that's good enough for me. That's the salient point isn't it? It's good enough for you! Unfortunately though, as a strategy to help others, it is woefully inadequate and that's being kind. Any letters I have written in response to those received from creditors have not requested or reminded any of them of their legal responsibilities... but have mentioned questionable aspects of their business activities that they would prefer not to have disclosed in court. If, as you say, you have not raised any issues to do with the legalities of their business practices, on what basis exactly would a creditor be remotely concerned about what might be disclosed in Court, unless it was in relation to a violation of laws? For goodness sake Priority, you really are making tenuous points now! As a result, these accounts have been sold on to bottom-feeders whilst in dispute.... which has just given me more ammunition to use against them, if needed.

 

Priority, your creditors have backed off, for now.....and therein lies the problem. You will have these matters hanging over your head, long after I've won my husband's case with HFC. Not so Laiste... we are talking 8 years ago on one of these now.... One of these? So not all of your creditors, then! I refer you again to the point above. From some of the messages I have read that you've posted The greatest letter writing skills in the world won't protect you from a creditor intent on getting his money, that's just reality, I'm afraid. For people like yourself, you face the prospect that one day soon the dreaded claim pack will drop through your letterbox. I heard similar words from the solicitor who'se advice was sought over a joint liability, £52k ex-repo debt.... yet this was settled out of court for absolute peanuts !.... F&F.... years ago too. Going to court would have been a huge gamble for me for reasons I can't go into on here, but they were in the driving seat on this one... which is why I couldn't risk going to court. However, while they believed (incorrectly) that they had nothing to gain by pursuing legal action.... they didn't do it.... and I came out of it all unscathed, so to speak. You clearly don't read my posts properly! Where do I say that people should rush headlong into Court??? Hopefully the 99th time will prove to be a charm; I am advocating that people PREPARE for Court from day one, so that they can file a cogent Defence and C/C, should it become necessary and they can then negotiate with the Claimant, so that the case doesn't end up before a Judge! To be absolutely clear, the stronger case you have built, the greater chance you have of staying out of Court, getting rid of the debt and the negative information on a credit file also! Such a scenario is not met with dread however, by those that are prepared for such an eventuality. As POET correctly points out, firing off letters left right and centre simply alerts the relevant parties, which will negatively impact on any Defence and Counter-Claim you will look to submit.

 

Don't be naive Priority, Cheers !... You're very welcome! When you can't address the issues, just content yourself with a trite one-liner! Of course, younobody actively and joyously "chooses" the Court route! It's almost as though you're suggesting I am encouraging people to take the fight to the Banks and credit card Companies, which I am not! I want people to give these Companies enough rope to hang themselves, so that when they face a Court claim, they can draft a Defence and c/c which will ensure that the creditor settles and runs away, long before the case sees the inside of a Courtroom, because they are frightened of the implications of having to account for their behaviour during the 12mnths for example, when a CCA request was ignored! Are you saying that a CCA cannot be re-enforced if/when it turns up months after the deadline then ? Err No! If an (lets assume, enforceable) agreement turns up months/years later, then under the principle of off-setting, in all likelihood you will be able to rid yourself of a debt that you otherwise wouldn't, on the basis of the OC's/DCA's unlawful conduct. Why do you think I'm advising people to adopt the strategy I've advocated? It is for the very reason that even if a person is presented at some stage with an enforceable agreement, it won't matter because of the littany of unlawful conduct of the creditor! It's a pity you apparently can't seem to grasp what is blatantly obvious to all the people I help!Can you not see the logic behind my strategy, or are you just too narrow minded to consider it? I figure that given that I'm apparently arrogant, what's good for the goose etc....

 

Lol... ... we approach situations from different angles, that's all. My experience of debt hasn't followed the route that you believe is set in stone for all of us. YET!

 

The simple fact is, when a creditor has decided your time is up, the claim is issued and you have to decide what you're going to do about it. As you say, you have never been issued with a Court claim, so you can't speak authoritatively on how best to deal with these situations, as you are not in a position to give any guarantees to the people you advise, that they won't receive a Court claim! Nobody can give guarantees about anything Laiste.... Sorry to disabuse you of your naive assumptions Priority, but a Court claim is inevitable, unless you are the kind of person that would prefer to give into a creditors demands! How else are they going to recoup their monies? Please explain and people can still lose in court on the day. Well of course they can, if they follow your advice and have no arguments to present! I don't prepare people for failure and they haven't! Even you lost the first round with HFC and you have more knowledge than most of us. Wrong! We haven't lost anything! One part of the argument can't be included, and in the scheme of things that's to be expected. Nobody involved in litigation expects every single one of their arguments to get the Judge's approval! Essentially, what you have to do is look at the situation the wrong way round. An individual is at the stage of having to file a Defence and C/C. Has any of the advice that you have been giving from day one negatively impacted on that person's ability to file a comprehensive Def and C/C? The answer is yes and you can't undo what's gone (or not, as the case would be) before when you are at that stage! Everything comes down to what is contained in those two documents and based on your advice, if I were to follow it, (hell would freeze over first obviously) whilst the sheets of paper wouldn't be blank, I certainly wouldn't have much to write!

Laiste, if you want to control the boards.... then please go ahead. LOL lots! Could you be any more sanctimonious? Before you dig yourself in any deeper, I would remind you that I have posted 622 messages and come on here largely infrequently. You have on the other hand, posted up 2319 messages, I think it's pretty clear who wants to control the boards!I offer advice based on some extremely stressful experiences of dealing with creditors and DCAs first hand, for many years. I have been dealing with contractual disputes for people for about 17 years and latterly dealing with Consumer Credit issues solely. In addition to helping people on here with their disputes, I help people outside of this forum get rid of debts, which includes the removal of all damaging information from credit files also. I also secure compensation for people on the basis of the strategy that I advocate here and I am very successful at what I do. Whilst you believe that there is a certain arrogance to my opinions; my way of dealing with people's difficulties with debt, enables them to get back to a normal, debt free, life and avoid the worst case scenarios that sadly some people face when they are in debt. I think you'll find that the people I have helped and am helping would disagree with your analysis of me. People do not have to follow any advice that I offer and my ego certainly doesn't depend upon it. If you understand anything about projection, you will know that your last statement about ego reveals everything! Yes you want people to follow your advice and yes, your ego is fed by that need. I am solely concerned with people getting the right advice so that they can deal with creditors effectively and then move forward with their lives.....I don't know what your objectives are, but I do know that you are dishing out bad advice. That certainly isn't across the board, I have seen some of your posts and been very impressed, but you are so wrong about this.

 

If an individual does as I advise, they will have a cogent Defence and C/C to present to the Court to win their case and before they know it, the matter will be OVER! Surely that's what people want isn't it? To be able to draw a line under the situation and move on with their life, rather than be stuck in no man's land for God knows how long? I assume that you don't consider yourself still there with HFC then ? That's just the sort of churlish and inane comment I would expect you to make Priority! By the way, have you got rid of all your debts yet? Are you in possession of a completely clean credit file? Have you received compensation from all of your creditors? Are you ever likely to be in the position I've just described? Would the answer be no? I am not a proponent of prolonging misery, I believe in bringing it to an end as soon as possible and certainly not on the creditor's terms! Why on earth would anyone want to put themselves at the mercy of such vultures? If you are giving advice that doesn't prepare a person for the prospect that they may end up in Court, then you are tying their hands behind their back effectively and they might as well give up and admit the debt!

 

 

Any chance of agreeing to disagree... as I tried to do earlier... and letting this one go now ? I'm afraid you can't make the unfounded comments that you have without there being a response. However, I am more than happy to let this go now, I've made my position abundantly clear and people can draw their own conclusions!

 

Regards,

 

Laiste.

 

 

 

 

 

 

[PriorityOne]

Laiste... as there is really no need for you to respond in primary red and yellow, I can only conclude that you are one of those individuals who just gets seriously pee'd off when challenged.

 

On that note, I will bid you goodnight and leave you to get on with it.... lol.

 

[caro]

I'm afraid that I, for one, am unable to read the text in yellow, but whilst there is clearly a difference of opinion on how to deal with this, I dont really think this thread is the place for it. You have both given your point of view, and, as with all advice on CAG, it is down to the OP to research the advice given, and decide which way to proceed.

[Laiste]

Caro,

 

The colour issue was not intentional. I had various problems and I'm the 1st to admit that me and computers don't always get along! Unfortunately that's how it came out! The yellow text isn't what I've written and if it can be altered, I have no problem with that.

 

Laiste.

[make them aktiv runners]

I can see P1's point in politely reminding them they are in default of your CCA request and have therefore ceased payments. However, I have to agree with Laiste's point more, as these people know they are in default of the CCA and are deliberately carrying on in the hope you do not. I see no point in entering into repeated correspondence with expensive postal costs when you have evidence of your own request, their actions are highly questionable if it did ever go to court. I get the impression that these people just want to work out how knowledgeable you are, so it is better not to let on. If they ever send a true Letter Before Action (TomTerm8 has posted the exact required contents on numerous threads) then you do need to respond, but until then the cheapest way is to ignore them and cease payments.

 

It is entirely your choice what you do.

[alfwithhair]

I can see logic in both parties arguement. But as mentioned, at the end of the day the action to take, if any, is solely the individual debtors choice.

 

Advice is invaluble on these matters, be it good or bad, it is up to the individual to make the decision to act upon it or not.

 

Without the help of members on this forum, many debtors would have no idea what their legal rights were and be up s**t creek without a paddle, me included. I am far from stupid, but litigation is a mine field and I wouldn't like to imagine the cost of obtaining this sort of information from the legal profession.

 

So lets continue helping each other the best way we can.

[Laiste]

I will continue to offer advice based upon the strategy that I know works to get people out of debt permanently, so that they can move on with their lives!

 

Zhanzibar, ultimately it is up to you what you do. You came to me for advice and I've recommended how you should proceed with matters. I wish you every success whatever you decide to do!

 

Regards,

 

Laiste.

[pt2537]

i see the merit's in your methods Laiste and i agree with the way in which you suggest dealing with creditors who fail in their obligations under the CCA to produce valid credit agreements

 

however, for people who are in the position that i am with littlewoods, i dont see a problem with writing to them as i know i never signed a credit agreement as i still have the application form and they have said they dont have it . if littlewoods did take me to court then the minute they are required to disclose the agreement then its game over for them.

 

do you think that this is ok to do in these circumstance or would you still let them hang themselves so to speak?

 

regards

paul

[caro]

No more hijacks of this thread please. Perhaps you could provide a link by PM to anyone you want to look at your thread pt2537.

[pt2537]

sorry caro

 

my appologies

[vinegarvera]

Laiste, Sorry to be a pest but if you get a chance could you look at my thread:

 

Could someone look at this CCA from MBNA and advise me??

 

I am in need of support and what to do next.

[MARTIN3030]

VV Have merged your Threads and replied there.

Please keep your MBNA stuff together.....it makes it easier for people to help you and also for you to see the replies !

 

Just another thing that I feel needs to be said,The regulatory bodies that oversee the compliance of the consumer credit act are there for one reason...to make sure that anyone with a licence operates and behaves within the law.They have the powers to act on behalf of consumers who are wronged and have the powers to take away the licences of those who blatantly flout the rules that are in place.

As regulators they are answerable to both the Government who appointed them and also the consumers they are there to protect they are there to do a job and therefore are 100% approachable to those that experience injustices.

That said there is no need to part with money for advice or for taking breaches of non CCA compliance. Trading standards OFT and the FOS /FSA will all be interested ....For new users there are lots of archived things that will assist which include many injustices that were sucessfully righted by going down the right routes.

You should not be parted from your money by paying for templated letters or promises of this and that......of course We should remember that debt should be managed and CAG has never supported debt avoidance it simply offers guidance and support for the genuine cases of hardship in particular where creditors exploit the rules for their own game.

[zhanzhibar]

Wow.. Fascinating infos… Didn't expect such reaction to my cry of help:cry: but I do thank you both & everybody else who has contributed here for all the invaluable advice.

Sorry for not joining in whilst the debate still on. Am on maternity at the mo so hands a bit tight during the day taking care of a 6 mths baby & a toddler but I did read all the advice given here a few times (whenever I can…late night or early mornings! ) trying to digest all infos & think about my next course of action. All advice given gave me some reassurance at least that there are people who are willing to help. Thanks again everybody;)

I have stopped my S/O with both HFC & Amex 2 weeks ago after receiving your advice. My only problem is I still have phobia picking up phone:o . Since Feb 07 I have not picked up my landline phone. I know I should & in my other thread “Threat by HFC Bank Solicitors & HSBC Bank”, everybody said it should be easy but for me it’s the trying to pick up the courage to say the words politely & not be scared by them. Everytime I hear the phone rings, told my other half not to pick it up. I have never known myself to have any phobia but debts do strange thing to people I think..

 

What do you all say if I didn’t pick up the phone & they sent me letter saying they have been trying to call me on numerous occasion & I sent them back another letter asking them to provide details of when these supposedly actions took place because I never heard from them. Do you think they clever enough to know that if they reply they are doing the logging up calls for me?

 

 

Now whilst waiting for any correspondence from HFC & Amex, I have got another battle in my hand.. this time it is with HSBC who refused my offer of payment blatantly & charging me to no ends…a new thread is needed me think

 

So guys & gals, thanks again for the advice given & I will keep you guys posted to what happen to me. You will definitely hear from me if they decide to take me to court….

[PriorityOne]

You're not obliged to talk to them ove the 'phone Zhan. If it's any help, when they 'phone, you usually have around 5 seconds of silence before anyone speaks... that's how I always knew it was them.

 

I'm much stronger these days and deal with it in my own way now... but during those days when I wasn't so strong, I used to say "she's not in at the moment" and so on.

 

They must have thought I had one heck of a social life !!.... lol

 

There is also a bog off letter in the Bank Templates section that you can send (rec. delivery), if you need to.

 

[rory32]

You can insist that all communication is in writing. If they don't adhere to that you can report them. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

[zhanzhibar]

Hi all, I received a letter from Weightmanns (HFC solicitor). I thought it was a copy of my CCA but instead it was a threatening letter telling me that they were instructed to obtain a charge over my property. I am going to ignore this letter but i guess eventually they will take me to court so looks like I need to prepare for defence in court. Where do I start & what do i do?

[PriorityOne]

Weightman's need to be informed (by rec. delivery) that the account is still in dispute.... as it's highly unlikely that HFC will have pointed this out. I had to do similar with the solicitors of one of mine and no legal action was taken, despite threats to go for a CCJ/property charge. If I had sat back and done nothing... they would have gone ahead with legal proceedings, which is one of the points I was trying to make earlier.

 

Dear Weightmans,

 

Ref xxxx

 

I refer to your letter of xx/xx, the content of which has been noted.

 

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding a legal request for a true copy of my Consumer Credit Agreement (Consumer Credit Act, 1974); received by HFC on xx/xx/2007. I can only assume therefore that they failed to inform you that the account remains in dispute through their non-compliance with this request.

 

Should you/your client now persist with threats of legal action, I will welcome the opportunity for a judge to look at several offences committed by yourselves/HFC under The Data Protection Act, 1998 and The Consumer Credit Act, 1974, as well as you/your client’s non-compliance with and total disregard for the law on this occasion.

 

Yours faithfully/sincerely,

[zhanzhibar]

Hi All,

 

Thanks for the info Priority. Sent the letter as you suggested but no reply just yet, instead got another letter from them threatening to take me to court.

 

So I am assuming now that I need to prepare my defense. My question is how do I do this?

[caro]

You can't prepare a defence until you see the Particulars of Claim. It may just be a threat, although I wouldn't count on it.

 

Write back to the person who has written to you reminding them that the account is in dispute, and as such no action should be taken until the matter is resolved, with a copy of the letter you've already sent.

 

Worry about a defence when you have something to defend.