Help with Equidebt CCA please

[Wikkitt]

Hi

 

I have received a letter from Equidebt today, enclosed was the two scanned documents below and one years (2005) worth of statements.

 

 

 

 

On the second page, the piece I have removed is my name printed by someone, but not me.

 

I was paying them through a DMC during 2005 and they were getting paid every month. From January 05 to September it states on each statments:

 

PLEASE MAKE PAYMENTS AS AGREED IN THE MONTHLY/WEEKLY REPAYMENT PROGRAME WHILST THIS PLAN IS BEING ADHERED TO

NO FURTHER ACTION WILL BE TAKEN.

 

INTEREST IS CHARGED DAILY AND WILL INCREASE THE LONGER PAYMENT IS DELAYED. IF YOUR ACCOUNT IS NOT FULLY CLEARED. INTEREST WILL BE CHARGED ON YOUR DAILY BALANCE. NOT JUST YOUR OUTSTANDING BALANCE. IF THE MINIMUM PAYMENT IS MADE YOUR ESTIMATED INTEREST FOR NEXT MONTH IS £0.00

Then on the October statement they added £25.00 arrears charge and £68.64 interest totaling £93.46, then they have written:

THE SITUATION ON YOUR ACCOUNT IS VERY SERIOUS. PLEASE CALL XXXX IMMEDIATELY

INTEREST IS CHARGED DAILY AND WILL INCREASE THE LONGER PAYMENT IS DELAYED. IF YOUR ACCOUNT IS NOT FULLY CLEARED. INTEREST WILL BE CHARGED ON YOUR DAILY BALANCE. NOT JUST YOUR OUTSTANDING BALANCE. IF THE MINIMUM PAYMENT IS MADE YOUR ESTIMATED INTEREST FOR NEXT MONTH IS £59.09

This is how every statement goes on until December 05, £25.00 arrears charge and interest. So I was paying them £23.14 every month. Starting balance in January was £4,198.08 and the balance in December was £4,216.98.

I paid them £254.54 over that year (2005)but the balance has increased by £18.90.

Can I claim back all the charges and interest?

Sorry this is a long post.

Wikkitt

[lickthewallfatboy]

well for a kick off,from what I can see the debt is unenforceable as the agreement has no prescribed terms linked together in the section before your signature.....

 

no prescribed terms-no enforced debt.

[Wikkitt]

Hi Likethewallfatboy

 

Thank you I will send the letter about the correct terms that must be supplied, as they want me to phone to arrange a payment within 14 days.

 

I have seen the letter on another post.

 

Wikkitt

[Wikkitt]

Well just an update.

 

The 12+2+30 days were up on 6th April.

 

I sent them the letter thanking them for the application form and that it had none of the prescribed terms and that it was unenfoceable.

 

Today I recieved another letter from them with the exact same papers as before, so I have sent the letter again about unenforceable, I feel like I'm going round in circles .

 

Wikkitt

[shieldblaster]

Actually you don't have to do anything, The debt is now in default and any action to persue the debt is an offence under the CCA 1974. If you wish to reclaim all the charges and interest it puts you in a strong position because the lack of a valid CA is a complete defence against a judge ruling it enforceable. They are also not allowed to add interest or charges to a debt that is in default, that alone constitutes an offence.

 

In order to do this though you would need to start court action to prove to the judge that the debt is unenforceable (no valid CA).

 

If you read around the site there is a wealth of information and examples of others who have done this.

 

Hope this helps.

[Wikkitt]

I will look around, this has helped

 

Thank you

 

Wikkitt