Help Needed Please, Me V Multiple DCAs!!

[A6er]

Hi

 

I took out a consolidation loan with HSBC in June 2004 for just over £30,000 to clear another HSBC loan and a HSBC credit card.

 

Due to a downturn in business,I am self employed, and some personal problems at the time. I defaulted on the payments in the September 2006.

 

I ignored their letters and stuck my head in the sand,as we sometimes do,and now need someone to look thru my history and offer some advise as to what to do now.

 

I have sent CCA requests and Account in Dispute letters to every DCA that has crawled out of the woodwork, but they either ignore them or pass the account to another DCA,and the saga begins again!!

 

Here is the story so far,hope you are sitting comfortably:lol:

 

February 2007- HSBC sent me this

 

I ignored that then got this one

 

Then this a few months later..

[A6er]

I CCA`d NCO and didnt hear anything until I received this from another DCA

 

So i also CCA`d Experto Credite and also sent them an Account in Dispute letter in regards to NCO Europe,the original DCA.

They replied with this

 

 

It was as the original with my signature,but my thoughts are that as the account was in dispute with the original DCA,NCO,that they had no right to do any processing on my behalf.

Experto just portrayed that they had been given authority from FV1 to chase this up but FV1 had originally passed it to NCO, who i CCA`d first.As they didnt respond to my request,surely this disallows Experto to take any action!

[A6er]

Then these come from another DCA,Global Debt Recovery, saying the that account is now theirs:mad: :mad:

 

How many more i ask!!!

They again portray that they have written to me before and that i returned their letters, this was the first contact they made with me!!

Then this after I had sent CCA and Account in Dispute again

 

At least these acknowledge my CCA and Account in Dispute letter to them..

 

Then finally this

 

I didnt receive anything from them in October 2007!!!

No CCA,No Records of Account, Statements etc..

LIARS!!!!!

The only copies of Bank statements and the copy of my loan application were received with the above letter today.

[A6er]

Please would anyone help with this as all CCA letters or Account in Dispute letters seem to be of no avail and an utter waste of time, not to mention the expense of special deliveries.:o

 

Thanks guys

[pmhcfc]

Please would anyone help with this as all CCA letters or Account in Dispute letters seem to be of no avail and an utter waste of time, not to mention the expense of special deliveries.:o

 

Thanks guys

 

Let me dig out an old post I started on this-- It's my belief that FV-1 don't even exist as a company.... bear with me

[A6er]

Let me dig out an old post I started on this-- It's my belief that FV-1 don't even exist as a company.... bear with me

 

Thanks a lot,appreciate your efforts:)

 

If FV-1 dont exist,where does that leave me?

 

And what will be the impact on the DCA`s apparently hired by FV-1 if in fact FV-1 dont exist anymore?

 

Cheers

[pmhcfc]

Thanks a lot,appreciate your efforts:)

 

If FV-1 dont exist,where does that leave me?

 

And what will be the impact on the DCA`s apparently hired by FV-1 if in fact FV-1 dont exist anymore?

 

Cheers

 

Well it took a bit of finding but if you go to this http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/75413-fv1-inc-debt-collection.html you'll find a post in there (post number 4) from me which will link you to another post about FV-1

 

I didn't mean they existed and now don't, I meant they never actually existed as a company in the first place, it's all lies and smoke screens. I've had same letter from HSBC as you did (the first one) and I did some digging and disputed everything (specially with NCO), telling them I wanted proof of who FV-1 were etc etc... I CCA'd them as well, this was about a year ago and I've heard nothing since then.

[pmhcfc]

Found it!! lol here's the one http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/68333-fv1-i-know-who.html?highlight=morgan+stanley

[A6er]

Well Well Well,

some very interesting reading there:o and here was me thinking i was being chased by different DCAs:mad:

 

Going to work soon,nightshift:( !!, but will certainly give those links another read when i get in.

 

Thanks for the info mate, what do you suggest I do now?

 

Cheers

[pmhcfc]

 

Thanks for the info mate, what do you suggest I do now?

 

Cheers

 

You need, in the first instance, to CCA them if you haven't done so already. I'm not convinced that HSBC had people's agreements when they sold a job lot of these debts to FV-1 or whoever they pretend to be.

 

If you have CCA'd this lot and they haven't complied with your (legal) request, then there's nothing they can do anyway. A copy of a loan application is NOT complying with your CCA request so they can stuff that where the sun don't shine. I'd be tempted to say to Global that if this is the truth (that a copy of the original agreement was sent) then they should re send it (recorded if neccessary) because you have not received it. I'd add that you wouldn't be requesting to see it if it had already been sent!

Besides, Global should be in receipt of this agreement, otherwise how would they know they had the right to collect it in the first place?

[A6er]

You need, in the first instance, to CCA them if you haven't done so already. I'm not convinced that HSBC had people's agreements when they sold a job lot of these debts to FV-1 or whoever they pretend to be.

 

I have CCA`d every step of the way and only the last DCA, Global, responded.All the others ignored both my CCA requests and the Account in dispute letters.

The only one i havent CCA`d is FV-1,but if,as you say,they dont exist,whats the point?

 

If you have CCA'd this lot and they haven't complied with your (legal) request, then there's nothing they can do anyway. A copy of a loan application is NOT complying with your CCA request so they can stuff that where the sun don't shine.

 

I thought that if they sent a copy of my loan application with all the terms and my signature on,then that was complying with a CCA request.

 

 

 

I'd be tempted to say to Global that if this is the truth (that a copy of the original agreement was sent) then they should re send it (recorded if neccessary) because you have not received it. I'd add that you wouldn't be requesting to see it if it had already been sent!

Besides, Global should be in receipt of this agreement, otherwise how would they know they had the right to collect it in the first place?

 

Global have sent me a copy of the agreement,together with copies of my bank statements from the date of my first default,please refer to the last letter above,also where Global state that their client (FV-1 I presume) had already sent these out to me previously,I think they are refering to when I CCa`d Experto Credite,the 2nd DCA to become involved in this,But the account was already in dispute with NCO by then and I pointed this fact out to Experto Credite by sending them an Account in Dispute letter.

 

Here is a rundown of what i have sent the DCA`s:

 

30 June 2007 - CCA`d NCO Europe LTD - No Reply To Request.

 

15 August 2007 - CCA`d Experto Credite - No Reply In The Deadline

 

15 August 2007 - Account In Dispute Experto Credite - No Reply In The Deadline

 

12 October 2007 - Account In Dispute Experto Credite (Again!) - No Reply

 

3 March 2008 - Account In Dispute Experto Credite (3rd one sent!!!) - No Reply

 

10 March 2008 - CCA Global Debt Recovery - Reply Received on 12 March 2008

 

9 April 2008 - Received copy of Loan Agreement + Bank Statements from Global.

 

Thats it so far,all advise gratefully accepted.

 

Have I now reached the end of the road:( ?

Are there any options left?

 

Cheers

[A6er]

Its been a few days now and really need some further advice on this,sorry to Bump but time is running out:(

 

Thanks

[PossVox]

Hi,

 

You've done everything right so far.

 

Can you post up the document you received in response to your CCA request?

 

That way someone may be able to look and see if the CCA is enforceable.

 

If it's unenforcable then court action etc would be out of the question.

 

PV

[A6er]

Hi PV

 

Thanks for the reply,

The response to my CCA request was the last letter in post #3 above, and also they included this copy of my agreement.

 

 

Hope this helps,

 

[PossVox]

Hi,

I've PM'd one of the more experienced people on here to see if they'll take a look at your CCA.

 

I'll keep an eye on your post and bump if needed.

 

PV

[PriorityOne]

On the face of it, this does look like an enforceable agreement. However, it says "Page 1 of 3" on the bottom, so I'm assuming there should have also been some terms & conditions which they haven't sent you. You are also entitled to receive a Statement of Account as part of your request.

 

I would PM Paul (pt2537) or Tom (tomterm8), as they may be able to check out the figures for you and see if they're correct anyway. If not, the Agreement can be challenged on these grounds.

 

Were you ever issued with a Default Notice for this account and if so, did it include any unlawful charges (to your knowledge) ? According to your post #2, the account was sold by HSBC... and seems to have been passed around a bit in the meantime, so if an absolute assignment was made, which stated a total amount due that included unlawful charges, then the assignment itself should be unlawful. You would need to S.A.R - (Subject Access Request) the original creditor in order to find out about these charges, if you have no record yourself, but PM Paul/Tom before you do anything else, as they'll be able to look at the legal aspects of this one.

 

Please forgive me if any of this has gone over your head.... I'm thinking out loud, so that Paul/Tomterm can read it as well as you.

 

[A6er]

On the face of it, this does look like an enforceable agreement. However, it says "Page 1 of 3" on the bottom, so I'm assuming there should have also been some terms & conditions which they haven't sent you. You are also entitled to receive a Statement of Account as part of your request.

 

Hi PriorityOne,

cant see where it says page 1 of 3 at the bottom,it says page 1 of 2 at the top right,but all they sent was page 1.I also received some bank statements from the date of default showing how they paid the direct debit,then returned the DD,then charged £35.00 for each default plus extra interest of about £18.00 each time.Does this sound like a Statement of Account you are on about?

 

I would PM Paul (pt2537) or Tom (tomterm8), as they may be able to check out the figures for you and see if they're correct anyway. If not, the Agreement can be challenged on these grounds.

 

Ok,will do.

 

Were you ever issued with a Default Notice for this account and if so, did it include any unlawful charges (to your knowledge) ? According to your post #2, the account was sold by HSBC... and seems to have been passed around a bit in the meantime, so if an absolute assignment was made, which stated a total amount due that included unlawful charges, then the assignment itself should be unlawful. You would need to S.A.R - (Subject Access Request) the original creditor in order to find out about these charges, if you have no record yourself, but PM Paul/Tom before you do anything else, as they'll be able to look at the legal aspects of this one.

 

Yes I was issued with a default.Presume it included charges but will have to check.I will S.A.R - (Subject Access Request) them asap.

 

Please forgive me if any of this has gone over your head.... I'm thinking out loud, so that Paul/Tomterm can read it as well as you.

 

Dont worry it hasnt , Really appreciate your input.

 

Cheers

 

[PriorityOne]

Sorry.... just got in from work. I can't see "Page 1 of 3" now either !... must be stressed.... lol ! You should still have received terms & conditions with this doc. though.

 

It's the statements before the default that will be the most useful, as if unlawful charges were added before the Default Notice was issued, you can challenge the validity if the DN on those grounds.

 

S.A.R - (Subject Access Request) needs to go by rec. delivery, by the way.... but wait on a reply from Paul/Tom before you do anything. I can't understand why this one's gone from pillar to post like this, if they had the doc. in the first place.

 

[A6er]

Just tried to PM Paul and Tom but they dont accept private messages:(

 

Can you inform them maybe,

 

Thanks:)

[PriorityOne]

Have just remembered that Tom has his PM facility disabled at the moment. There should be an email address on Paul's signature though. If not, rory32 is the only other person I can think of from the top of my head.

[A6er]

ok i will check put Paul again

 

Thanks Priority

[PriorityOne]

Have just looked at Paul's sig. and he's unavailable for the time being as well. PM rory32.... I think he's online at the moment.

 

[rory32]

Really I would have to agree with P1 that this is an enforceable agreement. I even checked the APR just to make sure it is within tolerance.

[A6er]

Thanks Rory

 

So,given that it looks like its enforceable, what options do i have now??

 

I am still in financial difficulties due to health reasons and there is no realistic way of repayment of this debt.Is bankruptcy the best way forward do you think, at least it will mean a clean slate in a few years instead of having this around my neck for decades.

Or, are there any other options available?

 

Cheers

[A6er]

Hi Guys

 

Its been 3 days now and no further answers hence the Bump.

 

Please advise on my next course of action

 

Thanks