CDC are adding £850!!!! to account

[tracyd]

Hi

My husband had a tradepro card account for his business. He found himself out of work and got behind with payments. Despite being offered token payments they refused and passed the debt on to CDC who constantly phone and write. ( i tell them to write and dont speak to them)

I got advice from people on this site and sent off for a CCA and they sent me a copy of the application which also says it is a credit agreement...I have tried to paste it up on this thread but dont know how...i would be grateful if someone could tell me/

 

DCD have now added £859.19 and threaten to start legal proceedings in 7 days.

 

I dont know what to do next... Hubby is worried and wants to offer an amount each month but i want to check everything is above board.

 

Any advice most gratefully received

 

Tracy

[ananya]

Hi tracyd

 

Have you had a look to see if your agreement is enforceable? This thread here will help you - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html

 

If you want to paste a copy of the agreement, remember to blank out the personal information and use a site such as Photobucket to upload the image to, so you can link back to it on your thread.

[tracyd]

Hi ananya

Thanks for the info. I have checked the link you sent me and it appears i hope!! that the agreement is not properly executed.

 

I have pasted it for anyone to have a look at and see if they agree.

 

I hope people can see it...not sure how to zoom in on it.

 

Kind regards

tracy

 

[tracyd]

Could somone please advise me!!

[Curlyben]

It's a little difficult to read.

Does it contain all of the prescribed terms ?

 

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

 

 

Also check out Peter Bard's excellent thread on the subject: http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

[tracyd]

Hi Curlyben

Yes i agree it is a little difficult to read.

I dont know how to make it easier to read.

 

It does have the credit limit on the top of the application form.

also it does have the rate of interest but i cant see anything about repayments.

 

I will have a look at the link you sent me as well.

 

We are getting harrassed all the time over this and i really wanted to try to sort something out.

 

Kind regards

 

Tracy

[tracyd]

 

I have had a go at increasing the size of the agreement. I hope someone can comment on what they think...

[fuzzybobble]

From the bits I can make out it looks like an application form.

 

Any chance you can scan it so it's about 600 dpi (pixels) x 1700dpi

then upload to photobucket and post a link to it here?

 

Needs to be properly readable, so we can see if it contains all the proper things it needs to make it a proper executed agreement.

 

It's probably not, but always best to make 100% sure before continuing.

[tracyd]

fuzzy

Thanks for your reply. I thought i had resized it but it still isnt readable is it. I will rescan and try to do a better job this time.

 

thanks

Tracy:)

[tracyd]

I am so sorry if i am making a pigs ear of this. I am trying to make my CCA readable. :o

 

Any advice please:)

[tracyd]

Hi

Another question:grin:

 

If the CCA above is not properly executed could anyone point me in the right direction of a letter to send to the DCA.

I have been looking but cant seem to find one that seems right.

 

Thank you

Tracy

[FLWLSW]

I just saved the document and sharpened it in Photo editor, now it was not brilliant but there are no prescribed terms relating to repayments on there. There is a credit limit and a rate of interest, thats it.

 

Tracy, just make doubly sure that the agreement does not contain the following

 

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

 

Hope this helps

Flick

[diskmandave]

I am so sorry if i am making a pigs ear of this. I am trying to make my CCA readable.

Start an account at Photobucket, next scan the document so it produces a full size A4 scan and save it.

 

Go to Photobucket/My Account and locate the Browse buttons to the right of the page, locate your scan, press the upload button and wait until you can see your scan as a thumbnail on your account page.

 

Click in the 4th box underneath your scan thumbnail and a yellow box will open saying "Copied", paste (CTRL-V) that link into a blank line in your message and you'll get a good clean scan in your message like this....

 

 

Good luck... Dave.

[tracyd]

Curlyben.

Thanks very much for clarifying that the CCA is all above board:mad:

 

In your .e.mail you mention sending a SAR to tradepro and to send a letter of dispute to the DCA.. They have added the £850.00 like they said they would.....can i do anything about this as i think that it is a ridiculous amount.

 

I will send the SAR asap. We cant afford to pay the full amount now around £3,750 ish so wonder if i we should send in income and expenditure forms etc

 

Can anyone offer me advice to what they think would be the next best thing to do.

 

I am very grateful for any advice given.

Tracy

[mr.ton]

I wouldnt worry....it just means the DCA will have to wait an extra 850 months to be fully repaid at a rate of £1 per month

[Curlyben]

Unless there is a clear contractual obligation adding "collection" fees of this order is unlawful and a clear breach of OFT collection guidelines.

 

Once you have sent the S.A.R to TradePro throw this at CDC:

 

ACCOUNT IN DISPUTE

 

Dear Sir/Madam,

 

Your ref:

 

 

Thank you for your letter of **DATE**, the contents of which are noted.

 

 

I am disputing the total value of this debt with TradePro. As such, therefore, I consider this account to be in dispute and no further action or payment shall be made until this matter is resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

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

 

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.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

 

Yours faithfully

[tracyd]

Curlyben and everyone else.

 

Thanks very much for all your advice on the above matter. Its amazing how the support from people on here can make you go from despair:eek: to realising that things can be sorted and you dont have to be worried or take any s**t from the DCA's.

 

again my sincere thanks.

Tracy

[Curlyben]

Tracey, no worries it's what we do.

After all at the end of the day, if a debt is valid and compliant, we want to pay what we actually owe and not inflated "collection" charges.

[tracyd]

Curlyben or anyone

 

I have today received a default notice for the tradepro account. It says it a notice of intended legal proceedings.

 

It says that they have added another 25% of the balance by way of a debt recovery fee. This will be a £1000ish. They have just added £850.00!!!! The total amount is now £4442.50 to be paid by 13/4/2008

 

It also threatens bankruptcy:eek: proceedings.

 

I have sent a S.A.R to Tradepro so do i send the letter that curlyben advised me to send to CDC (the DCA) or do i need to wait to hear from Tradepro first?

 

I felt confident about taking on this company but this letter has put me back on my a@*e.

 

Any advice on what to do next please.

 

regards

Tracy

[Curlyben]

Send my letter to CDC.

Should make them think twice about what they are doing.

Also bear in mind these as simple template letters that they send out.

They are designed to cause alarm !!

[tracyd]

CB

Thanks for your quick reply. I will send out the letter to CDC. Should we be offering token payments or anything or do we just leave it to see what comes back

 

Tracy

[bazaar]

Hi. IMO dont make any offers. untill they produce the prescribed docs, you dont have to do anything. Do they really think they can take you to court with all the added charges? highly unlikely and probably scare tactics to get money before april 6th.

[mhill716600]

Hello Tracyd,

 

How did you get on with Tradepro?

 

Cheers

 

MH

[mhill716600]

hya, How did you get on with Tradepro, i am having the same problem as you

 

Regards

 

MH