How Much!!!! - Link DCA

[haggis_2]

Hello and Happy New Year to all.

Please can you advise best course of action.

My other half has been paying £50 a month to Link since March last year for a debt sold on from Legal and General. He had been paying L&G £5 a week to their doorstep collector and got the debt down to just under 2.5k. We had the house up for sale for the last few months L&G were collecting told the guy we would be moving, he told us he would get the new address nearer the time as we still hadn't sold. However this guy stopped turning up a few weeks before we moved we had no contact details for the company so we moved without giving our new adress. Link contacted O/H at the begining of last year confirmed it was for the same debt, he assumed it would be roughly the same amount but recieved nothing in writing about the total amount owing. I have been nagging him about him sending either a cca or at least getting a statement of account from them, which he was reluctant to do incase it rocked the boat.

 

Today when he phoned to make his payment he asked over the phone () how much was outstanding on the account, after the link person got all excited that he was going to offer a Full and FInal settlement, no chance at the min, they informed him there was still £4.5k !! outstanding on the account.

Well lets just say o/h is not a happy bunny for "being had" and now wants me to ask what the best course of action is.

 

He wants to pay the original amount owed but really can't see how he should pay 2k extra in any shape or form.

 

Should he send a cca request or is there another route he should take.

 

many thanks in advance

[Sidewinder]

NEVER but NEVER phone them! There most probably isn't £4,500 owing at all and somebody saw the opportunity for extra commission. Definitely CCA them. Depending on the outcome of that you will be in control over whether you walk away, negotiate a full and final on your terms or renegotiate the existing payments. Even if they produce a valid CCA then you can look at what charges may have been unlawfully added and take action to get those off. The whole point is that you will know the exact position and be able to take control.

 

When you send the CCA request (use the template here Letter N) and amend as appropriate to your circumstances. Don't forget that to be on the safe side you should not use your normal signature, and should use a Postal Order rather than a cheque for the £1 fee.

[haggis_2]

Thanks Sidewinder I thought that's what would be recommended.

The other halfs a bit reluctant to send cca first off, he wants a written statement of account first to see which hat this amount has been pulled out of. He is worried if he sends the cca letter that they will start getting arsey with him, so I'll just have to keep that letter for when they get back to him with the statement and I point out that they will have paid much less than the o/c lent him in the first place

[diskmandave]

he wants a written statement of account first

You're entitled to this as part of the CCA request.

He is worried if he sends the cca letter that they will start getting arsey with him

Usually a CCA request has the opposite effect. Once they realize you know the law DCA's and such like usually back right off.

 

Regards, Dave.

[haggis_2]

Thanks for that, that hadn't occurred to me, a bit more "nagging" required I think:D

[mrmarmite]

as DMD says request this WITH the CCA, as of yet I have NEVER known ANY DCA to send a statement of account where it has been requested. you need to work out by all previous payments you have made to get a rough figure to what you actually owe.

failing that might be worth writing to OC or better still S.A.R the OC as there likely to be charges.

 

what was debt related to? credit card, loan????????????????

[mrmarmite]

p.s if he still refuses you send CCA without telling him, naughty BUT remember no CCA you don't pay

[haggis_2]

Well the original creditor was First National for an amount just over 2k for double glazing in 1998. I assume it would have been a personal loan but we lost all our paperwork in about 1999/2000 when o/h tried to use a dodgy debt management company (sent paperwork, first instalment nobody recieved a payment we never got paperwork back). When he was paying L&G's guy the amount they started with was about 3k and he got it down to about 2.5k, he's paid Link 10 payments of £50 so he was expecting the outstanding to be about 2k but they have told him today the outstanding is £4876 !!

This means that the original debt has more than doubled, no way, totally not on, they certainly didn't tell him this sort of amount to begin with but no proof as everything was on the phone.

He's certainly getting more annoyed the more he thinks about it and is now thinking about the cca letter.

many thanks

[Curlyben]

Don't dither get that CCA done NOW.

Sounds like you are being taken for a serious ride here and it needs to be stopped.

 

First NEVER talk to these "people" on the phone as they will try and get you to agree to anything.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt. This applies even if you have been paying them.

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some important deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.

 

I hope this clarifies some things.

[mrmarmite]

haggis as it fairly obvious to you now cca MUST be done, there no need to worry, many of us here and send more cca's than we can remember, just keep us up to date so the more experienced CAGers can give you quick help as we have delt with 99% of debt collectors

[haggis_2]

Well o/h has just read the thread and agreed to send the cca request:D so I'll be making a trip to the PO Monday morning.

He recons that as he has just paid them today he should know how he stands before the next payments due.

So many thanks to all that have helped so far, and I'll let you know how it goes.

[mrmarmite]

Good and good luck as this can take a while to sort out BUT if all goes well the out come will be in your favor.

 

As hubby just paid something (word of personal advice) you MIGHT get response back saying why should we send you the CCA if your paying it (I been down that road) just ignore it and count the days. do NOT get fobbed off with excuses and delay tatics, once they receive the CCA request the clock starts ticking.

 

PLEASE do not sign the CCA request in your usual signature (Some DCA's have been known to scan and copy signature) secondly DONT send cheque (postal order is best as cheques has account number on them and the really LOW DCA's will use it as well as signature on cheque)

 

like others here we give information to help you on your "quest" based on experiences we have had, I'm still on this road and when you start your own research (like me) you will get the odd headache or 10, hopedfully you shouldnt get to many. it WILL be worth it in the long run

 

keep us posted

[mrmarmite]

p.s (again) as sidewinder says, cease all telephone calls regarding this, tell then you only except letters, this way they cant intimidate you, threaten you...............................................

 

should they phone you, under the data protection act they ARE required to ask security info i.e home address, do NOT tell them just say sorry I dont give out any personal information out over the telephone, Is there anything else I can help you with. This firmly puts the ball in their court, if you are lucky they will start blabbing on about the debt should they, they will be in breach of the data protection act.

[haggis_2]

Thanks for the support mrmarmite,

I am not really worried about phone calls as they don't have the home number and its in my name not his.I don't speak to anyone over the phone, I'm already dealing with my DCA's which so far have been statute barred, so I have picked up some of the basics from the site already (one of the reasons for nagging the other half about getting the details of this one) but have not had to do a cca so far. Felt a bit unsure going from a bogoff letter to doing a prove it letter especially when he was so uncertain about rocking the boat, thank goodness he asked for the outstanding today or we would still be going round in circles.

O/H wants to sign his name over the top of a date rather than printing his name, would this be safe enough? He gets some weird ideas sometimes.

[mrmarmite]

no thats fine as long as other text or something behind signature (still recomend doing a scribble tho)

 

as to bogoff letter at end of day CCA is a bogoff letter as in, you claim i owe you money, proove to me that i owe you money within 12 working days if not bogoff !

DCA's are very well known to turn round and say you proove to us that you don't owe it and no doubt you have seen this in other threads on this site, reality is they must proove you DO owe it not you to proove you don't.

 

There is soooooo much cat and mouse you can be running around in circles for months and get no where. unlike me if you don't want to play this game then go for the kill (cca, and yes you still end up playing the cat and mouse game, it just depends on how long you want to string it along for)

 

I will also suggest when this problem resolved give or take, it might be prudent to check credit files but will worry about this later on (this where you start getting bogged down)

[Sidewinder]

O/H wants to sign his name over the top of a date rather than printing his name, would this be safe enough? He gets some weird ideas sometimes.

 

It sounds as though your OH just likes to see things done properly - nothing at all wrong with that. It precisely for that reason that people here are so keen to see that anybody claiming to be collecting a debt a) have the legal right to do so, and b) is claiming only what they are legally entitled to.

 

Quite understand the reluctance to change or omit a signature, but just make sure that it can't be scanned and edited to look real before appearing on a Credit Agreement. Personally I either sign left handed or 'sign' a full christian name rather than just the initial as I would for everything else.

 

Good luck with this and thanks for the 'rep'

[Curlyben]

That's exactly what I do with my signatures on CCA's etc.

 

i always like to finish my letters properly.

[haggis_2]

Thanks mrmarmite, he is really not keen to check his credit file at all at the moment as I checked mine just before chrimbo and I am now writing more statute barred letters, bit of a coincidence that, he only has 10 payments left on his student loan and could do with waiting until thats finished before he tackles anyone else. He knows it shot to bits anyway.

[haggis_2]

Well O/H is really happy his idea was a goodun,

He was feeling a bit down about being had like this, so thanks for making him feel a bit better.

As he said he was trying to pay a debt he owes and they were taking him for a mug. I have looked over the letters he has been sent earlier and not one has any amount owed on them, I think that is really underhand. I really wish I had found this site earlier.

Again many thanks

[mrmarmite]

Well O/H is really happy his idea was a goodun,

He was feeling a bit down about being had like this, so thanks for making him feel a bit better.

As he said he was trying to pay a debt he owes and they were taking him for a mug. I have looked over the letters he has been sent earlier and not one has any amount owed on them, I think that is really underhand. I really wish I had found this site earlier.

Again many thanks

 

Found this site earlier? lmao, even us more experienced CAG'ers still say that exact same thing today ! "If only". well now you have and welcome you will learn lots of litle bits and peices on this site, take all those bits and peices, put them together and you have a leathal weapon.

 

USE IT

 

It will be the one of the best things you have ever done (apart from gettin married and havin kids (some will dispute) )

[haggis_2]

Well have just received a reply to the CCA request today, copy of the agreement, no statement of account (which I specifically requested). But the BIG surprise is that the covering letter includes a reference for a CCJ:eek: this is the first we have heard of this, Link have never mentioned a CCJ before!

So I supose the next step is to phone Uxbridge for the CCJ details and then send a letter to Link to remind them I still require a statement?

[Boro]

Post a copy of the agreement up with personal details blanked out so we can check whether or not it is enforceable

[haggis_2]

Had to use a scanner for the first time, use paint for the first time and use photobucket for the first time so I really hope this works

The back of it has the t&c's on it.

[haggis_2]

I've been reading the T&C's and they have an "interest after as well as before any judgement" clause.

When we signed this thing we certainly were not aware of the ramifications of this. But as we had no intention of not paying would it have made any difference if we did? It's all so easy to see the pitfalls now with hindsight.

 

Is there anything else we should/could do at the moment until we get a copy of the CCJ paperwork and statement of account?

 

Thanks

[volvo]

i have got a similar one with link from fnb for a loan for replacement windows with interest before and after judgement and unfortunately the cca agreement supplied looks kosher.

 

Incidentally, the OFT lost a test case with FNB over this interest argument so i look like i am going to have to do a F+F with them.

 

Disappointed.

 

VOLVO