Advice paying several debts

[ncf355]

Hi,

 

Dave, I'm sorry - I would not agree for the Barclays one

 

No clear connection is shown between the first "application form" style doc and the others prescribed terms part

 

To cap it all, the state the level of APR (note that there are 3 different types listed) will be decided by the type of card they give!

 

This hammers the nail in for the S59, agreement to enter a future agreement void - how can you be expected to make an informed decision if you dont know what APR you will end up with?

 

This type of agreement is an utter farce and they darn well know it

 

I have taken them on with an identical agreement and won

 

Hachi, if I can help, PM me

 

 

Dave - no offence meant to you as you come up with some very good posts, just that I've been there and done it with Barclaycard with an identical agreement"

[davefirewalker]

Hi,

 

Dave, I'm sorry - I would not agree for the Barclays one

 

No clear connection is shown between the first "application form" style doc and the others prescribed terms part

 

To cap it all, the state the level of APR (note that there are 3 different types listed) will be decided by the type of card they give!

 

This hammers the nail in for the S59, agreement to enter a future agreement void

 

I have taken them on with an identical agreement and won

 

Hachi, if I can help, PM me

 

Hi NCF

 

I didnt pass an opinion on the barclays one......(I dont think) the halifax one looks pretty ok though, but it always depends on the day, you might get lucky.

 

I'll try have a look at the barclays one now, my computer wasnt showing any links to it.....

 

rgds

 

Dave

[davefirewalker]

Still cant seem to open the barclays one...will try later

 

Dave

[car2403]

Agree with NCF on the Barclaycard one - the "this is a credit agreement" title isn't even in the right place, is it?

 

Also agree with Dave re: the Halifax one. Prescribed terms are there, so enforceable even if it's with a Court Order, IMO.

 

What are you hoping to achieve with this, Hachi?

[Hachi]

My main reason is to get my monthly payments down, over the past few years I've paid hundreds of pounds a month to so many different companies and never actually seen any evidence of my debts coming down (apart from one which I can track online)

 

When I discovered this site I see what was really going with all this DCA nonsense, and after sending serveral CCA's off I actually had some money for the first time in three Xmas's.

 

Now I know how to go about things, I intend to find out exactly who I owe and how much, this has bought me some time to save a bit of money and if these agreements are correct then I can start my next part of sending SAR's and getting payments down.

 

I don't mind the fact I owe the money and am not trying to get out of it, but these companies have practically dictated my life for the last three years and enough is enough, it's my turn.

[car2403]

In that case set out your budget as rory mentions top of this page and prioritise those creditors that have enforceable agreements knowing that you have defences for the others if you need them.

 

The technicalities over the agreement never effects the actual debt anyway.

[Hachi]

Hi,

 

I sent a CCA letter off to ARC Europe regarding my Egg debt last week, and today I got a letter from their "Solicitors" (Bryan Carter) telling me they have put my account on hold for 15 days while I contact their client (0800 9524914 was the number I've been told to ring)

 

Should I actually ring them up?, I've sent the CCA it's up to the to provide it now is it not?, I hate talking to these people on the phone as they get all high and mighty.

 

What should I do?

 

Thanks.

[ncf355]

NO

 

Do not ring them

 

Write back to BC and tell them the responsibility is on them

 

If they wish to collect on the debt it is their responsibility to supply the evidence (CCA)

[Hachi]

Also Blair, Oliver and Scott are still playing games.

[Hachi]

Hi,

 

I sent Fredrickson International (on behalf of Mint) a CCA request back in January, the 30 day countdown expired on the 1st of March (and still no CCA) and today I got a letter from Fredrickson demanding full payment, ring them now or further action will be taken ect ect,

 

Since they never sent me my CCA shall I just ignore them, or send them a letter of some sort? (and if so could someone be kind enough to draft a response)

 

Are they just getting desperate now.

 

Thanks.

[Hachi]

no advice?

[Sparklez30]

This post seems to give advice on a similar situation :-

 

http://www.consumeractiongroup.co.uk/forum/egg/132100-sharpman-egg.html?highlight=account+in+dispute#post1400389

[rory32]

Edit this letter as required and send to Fred. Also report the matter to Trading Standards. Account In Dispute

Letter Before Action

Dear Sir/Madam,

I refer to my recent correspondence with your company concerning this alleged debt, copies of which are enclosed for your perusal and ease of reference.

As **DCA** have failed to comply with my Consumer Credit Act request and admitted that the alleged signed executed agreement is unavailable, enforcement action is impossible under section 127 (3) of the Act.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively.

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

If **DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

Failure to respond favourably to this letter within fourteen (14) days of receipt will result in immediate litigation being commenced against your company without further notice.

I also require a copy of your internal complaints procedure as further action may be necessary.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours Faithfully

[Hachi]

I've just noticed something (after reading all my letters, gets confusing)

 

The letter sent to me by Fredrickson is actually not for the card they have been after me about previosuly which was for Capital One (CCA sent and never got back, heard nothing since)

 

The new letter is actually about Mint which Allied Internation Credit were originally in charge of, I sent AIC a CCA request and they never sent me it, so it now seems Mint have given this account also to Fredrickson to try again (or play for time)

 

Should I CCA these lot again and see what they come up with?

 

Thanks

[rory32]

Should I CCA these lot again and see what they come up with?

 

No. Send them the following letter (from Curlyben's library )

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

[Hachi]

Hi again,

 

I sent a letter with offer of payment to Blair, Oliver and Scot (Halifax) last week and today they sent me a letter stating they intend court action, if I don't contact them today ect ect, with no mention of the offer I made them.

 

What would be the best thing to do, I really don't want to get involved with them on the phone.

 

Thanks

[rory32]

What would be the best thing to do

Stick to your offer of payment. Keep everything in writing, there is no need to talk to them on the phone. This is a template letter churned out by the computer. It may well be that your offer of payment was not processed before their standard threatomatic was sent.

[Hachi]

Should I send the same letter of offer of payment, and send it recorded delivery this time, or just let things stand and see what they send next.

 

The last letter I sent was posted on the 29th of Februay, their letter is dated the 7th of March and only got here today.

 

Thanks.

[Hachi]

They finally answered and accepted my offer of payment to start next month.

 

thanks.

Edited June 13, 2008 by Hachi

[Hachi]

Hi all, trouble at mill again,

 

Today I recieved a letter from Credit Solutions Limited (on behalf of Barclays) demanding full payment, for the last god knows how many months I have been trying to come to an arrangement with Barclays, I've sent numerous offers of payment and asked them to stop interest which have all been refused.

 

They have still been sending me card statements with all the interest they have added on (the interest makes up about 45% of the debt)

 

They say payment must be made in the next 7 days or the usual doorstep collection/court action will commence.

 

I'm really at a loss as to what to do, everyone else has aggreed repayments and have had no hassle from anyone, but Barclays just point blank refuse to accept anything I offer, they seem to think they are an exception to everyone else.

 

Any ideas as to what I can do.

 

thanks.

[Hachi]

Anyone know what I should try next?

[Hachi]

Should I make the same offers I made to Barclays? CCA them again, or just tell them to take me to court, they just don't want to play ball.