Threatening Calls from Debt Collector

[Ldyexport]

Ok, gotcha, took a while but I got there in the end

 

Thanks very much

[Ldyexport]

Not quite sure what the next step is, as of today I still have not received a CCA, the letter which Global sent advising me that they have requested this information from their client is dated 27 November and my letter for the request is dated 23 November, How long do I wait for the CCA, looking back looks like 12 working days.

Can anyone advise me of the next step to take.

Many thanks

[Boro]

12 working days from the day after the letter arrived, once this passes they are in default and you can withold payments from them, if they do make a demand for money after this time you can report them to trading standards, if a further calander month (30 days past the 12 days or 31 if ending on a sunday) passes and they have not supplied you with a credit agreement that meets all of the prescribed terms then they cannot inforce the debt unless they come up with an agreement and take it before a judge to have it made enforceable, just sit back and wait

[ScarletPimpernel]

As Spamheed rightly points out, what constitutes harassment is how the activity is perceived by the target; it is not for a DCA to decide.

 

It seems to me therefore, that this statement:

 

Having investigated your complaint we found that the infrequent telephone contact with you and the call content can not support a claim of harassment.

 

is a clear breach of the OFT Guidelines on Debt Collection, which state at Para 2.1 that "It is unfair to communicate, in whatever form, in an unclear, inaccurate or misleading manner". The only thing clear about the statement is that this DCA employs morons who provide their opposition with the ammunition with which to shoot them; the rest of it is both inaccurate and deliberately misleading.

[Ldyexport]

Ok thanks for your info, will just sit and wait and see what happens next, forgot to mention they did request in the other letter that they need my statement of affairs/finances etc to try and increase the payment, but I'll ignore that also as they have not supplied the CCA, so the rats will just have to wait

[Ldyexport]

Well everyone, this is interesting, have received a letter from Global Debt Recovery today bearing in mind have received no CCA yet, the letter is worded as follows:-

 

Dear .....

Re: Lloyds-TSB - Balance £18,809.19

I have been instructed to inform you that our client will accept £8000.00 in full settlement of your liability in respect of the above debt provided payment is received before January 31st 2008.

Once the payment has cleared your name will be removed from the file and your liability in respect of the whole debt will be discharged.

Yours sincerely

bla bla bla

So, basically they are ignoring the CCA request but all of a sudden they can knock ten grand off just like that, bearing in mind this debt belongs to both me and my ex-husband.

 

Any advice, lost now dont know what to do now????

[ODC]

It would seem to me that Global do not have a CCA so are trying to get something for their troubles.

 

A complaint is now in order as they have demanded money whils in breach of your request for a CCA.

[Ldyexport]

Ok, so what is my next step now, is there a letter in the templates section to report them??

 

Sorry, new to all of this, just want to make sure I get it right.

 

Many thanks

[Edz11]

Write thanking them for their letter of xxth and say that you look forward to receiving a copy of the consumer credit agreement as requested under s77/78/79 of the CCA 1974.

 

As mentioned already. They are unlikely to be offering January sale reductions in December, if they have all the paperwork.

[Ldyexport]

Ok thanks will do that straight away.

[Hippy-chick]

....

[N.P]

Hi there ldyexpert,

 

Just subbing with great interest as I`m expecting some grief from Lloyds TSB some time soon.

 

Keep up the scrap, your in good hands on here and the people on here will be honest with you, unlike Banks and DCA`s. We have all been there and some, including myself are still fighting.

 

Good luck with this one.

 

Regards

 

 

N.P

[N.P]

Hi again,

 

It looks your like in front with this one, so far.

 

However, if they do produce an agreement or what they call an agreement, you should scan it and paste it up on here for the caggers to check out. Do not make any more contact with them until someone in the know gives you the nod.

 

If they do produce a valid agreement you should possibly SAR them for a list of statements to see if any charges have been applied to this account, then possibly head down that road.

 

Anyone have any more on this?

 

Regards

 

 

N.P

[ThisVeryMoment]

Such a typical load of tosh! You owe money, but the DCA are awful for phoning and asking you to pay!! £1 per month is hardly reasonable is it?

 

The DCA has every right to ask about your new hubby's finances. What he pays in respect of your bills clearly effects your expenditure and therefore your ability to pay your debt. A judge would ask you, why not a DCA?

 

Why not just go bankrupt if you can't pay your debts?

[Ldyexport]

Hi there

 

Have just actually done this letter today as I was away with family over xmas time.

 

I will be waiting in anticipating for their reply

[Ldyexport]

Well well well

 

Just received a letter in the post this morning and it reads like this:-

 

We acknowledge receipt of your request for copy of the credit agreement and statement of account.

Due to the age of the debt the consumer credit agreement is not readily available, however we enclose statements of account detailing transactions since May 2002.

So, it looks like they are having great trouble finding the CCA, what happens next, do I still carry on paying the £1 token payments. Also the statement of account they have sent through looks as if this is my ex-husbands statement as it has all his details on there, with only my name on the top??. Would there be two statement of accounts or just one for the whole debt, got my confused that has.

 

Many thanks everyone

[ODC]

If the 12 days have passed without them producing a proper CCA then you can legally stop paying them.

[Ldyexport]

Do I need to write to them and advise them?

[ODC]

NO

 

They know the law. Wait until they demand money from you and come back here for a suitable letter to send them

[Ldyexport]

Ok thanks for your help

[itsamomentintime]

well done Ldyexport, getting them to admit that there is no CCA is a bonus!!

[Ldyexport]

See there is life at the end of the tunnel after these monsters having been threatening you, I've learnt alot from this site and also noted I'm never alone which I always thought beforehand. I now feel more confident and far happier person, thanks to you all

[Ldyexport]

Well, well, well, just had yet another letter from Global at the weekend, saying.........

 

We strongly advise you to telephone immediately on receipt of this letter to discuss the repayment of this debt.

Bearing in mind I still have not received a copy of the CCA. Also I noticed that the debt has gone from £18K to just over £10K now, mind you I did have letter a while ago asking if I would like to settle the debt with £8k and then I would be discharrged from the debt. Looks like my ex-husband had a letter and maybe paid his £8K, but as we all know with joint debts, the two parties concerned are both liable for the debt until it has been settled, well thats what I thought??

 

As to this letter, do I send a letter back and remind them that they still have not issued a copy of the CCA yet, which was requested a long while ago now.

[spamheed]

Well, well, well, just had yet another letter from Global at the weekend, saying.........

 

We strongly advise you to telephone immediately on receipt of this letter to discuss the repayment of this debt.

 

Bearing in mind I still have not received a copy of the CCA. Also I noticed that the debt has gone from £18K to just over £10K now, mind you I did have letter a while ago asking if I would like to settle the debt with £8k and then I would be discharrged from the debt. Looks like my ex-husband had a letter and maybe paid his £8K, but as we all know with joint debts, the two parties concerned are both liable for the debt until it has been settled, well thats what I thought??

 

As to this letter, do I send a letter back and remind them that they still have not issued a copy of the CCA yet, which was requested a long while ago now.

 

 

Do nowt, you are waiting for them to fulfil their legal obligations, until the CCA arrives, you have nothing to do.

 

If they demand payment without a CCA and whilst the account is on dispute, you can complain to Trading Standards

[babybear39]

Here's the link for TS:

 

Trading Standards Central - Trading Standards and Consumer Protection information for the UK