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Dont Know What To Do For The Best


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hi i hope someone can help me as i dont know what road to take with my debts.

I have four (dca)s that i have had for well over 7 years

phoenix amount £250 (catalouge)

 

direct legal & collections £1540 (citifinancial)

 

apex £2600 had a lease van and didnt maintain payments so took the van off me and give me a bill (capital bank)

 

fenton cooper rockwell £3500 (barclays loan)

 

on and off over the years i have paid monthly amounts on all acounts.

Roughly 2 years ago i got a call from chase saunders who said they would handle my debts stop the letters phone calls etc so for peace of mind i did.

But last week i decieded things werent getting paid off any quicker and was still getting letters saying i need to review my payment amounts

So i told chase saunders not to bother anymore will do it myself

 

In the mean while i have been on this website and seen that debts over 6 years can be void

 

So any advice on what i should do be greatful do i contact these (dca)s

and sort out payments or do i send them letters and found out if the debt is enforceable

 

thanks

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Debts of over 6 yrs are only statute barred if you havent made a payment or written acknowledgement in that time .... so none of your debts fall under that.

 

What you can do is send a CCA request to each DCA not sure if the apex one falls under the CCA but I'm sure that someone will be along soon who is more knowledgable than me

 

 

saint

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I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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Hi, grinch.

 

Just to add to Saint's advice.

 

It maybe wise to do a S.A.R - (Subject Access Request) to find out what charges have been applied to the account, so that you can at least reclaim them.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

This needs to be sent to the Origional Creditor.

 

The copy of the CCA request letter is in the link below, letter N.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

This needs to be sent to the DCA.

 

Remember, don't sign your letter, just print your name.

 

 

 

Regards.

 

Scott.

Edited by maroondevo52
 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

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It means you CAN send them a CCA and S.A.R - they are covered by the Act.

You can stop paying them if they have not sent you a copies of the credit agreements after 12 (plus 2 to allow for delivery and receipt of postage) days from the date of receipt ie 14 working days. If they still haven't sent them after a further straight 30 days. Send the letters by recorded delivery so you can track them and file the receipts. Send the £1 fee required by postal order and don't sign any letters - your initials will do (it is not unknown for them to concoct "agreements" using signatures from correspondence). Golden rule - NEVER speak to them on the telephone - they will only bully you into payment and can be very abusive. Hang up if they call and if they bother you with calls there is a harrasment letter in the Sticky at the top of this page. Come back if you have any other questions or need help with the letters.

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  • 1 month later...

just to update my thread have sent ccas to (dca)s and the 12 days (+2) has ended 30th june

Hillesden securities have sent a letter today dated 10/07/08

saying account on hold and all further action suspended in anticipation of receiving the documents required

and will update you in 21 days

 

as for the other (dca)s nothing from them whatsoever

so do i have to wait 30 days from the date of 30th june

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You can now

a) do nothing and wait and see what, if anything comes back

b) stop payments and wait and see

c) send reminder letters to anyone who hasn't replied

 

Of the above, I would recommend a) for now and b) once they go past the extra 30 days, just to be on the safe side. The reason I say this is the last thing you want them to do is come up with enforceable agreements. As your debts appear to be quite old, this is unlikely, but still possible so the longer you leave it the less likely they are to find anything. Personally, I would do nothing until the 30 days are up.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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For the catalogue, almost certainly not, catalogue companies rarely come up with anything

 

For the others, who knows? If you're unlucky everyone of them will have an enforceable agreement, so just keep your fingers crossed.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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well got a letter today from Hillesden dated 9 july

saying almost same as other letter apart from

 

If we are unable to forward a copy of the original agreement,we will be able

to supply a true copy of the document which will comply with section 77-79

of the consumer act 1974.

 

what does that mean they have a copy ?

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They might have a copy of the original, but if they don't they'll supply probably a blank one. Whilst that may satisfy s77-79 of the CCA 1974, it will be entirely unenforceable in court. All they will be able to do is ask you politely to pay, and it will be entirely up to you if you do or not.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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They wrote that to me many moons ago too - and sent me a cut-out application form from a newspaper! When I told them that was not a credit agreement, they said they would now pass my account back to their collections department and I haven't heard a word from them since! It probably means they are going to send you a load of old cobblers and try to pass it off as a credit agreement.

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Whatever they do or don't send, if you're not absolutely certain it's enforceable, or even if you are certain, scan and post it so one of the many 'experts' on the site can have a look.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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thankyou again for all the help advice given

i will post on here anything they try and pass off as a credit agreement

is it not illegal to pass off something that is not what it is

and do they just rely on people who dont know what they are doing and just pay

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do they just rely on people who dont know what they are doing and just pay

 

;)

 

Thats why CAG's here :)

 

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 5 weeks later...

hello everybody

 

well 30 days know up and only had one letter which arrived today from Fenton Cooper (tessera portolio management ltd)

 

which says:

We refer to your recent correspondence,the contents of which have been duly noted

Our clients were unable to obtain the requested documentation.In view of this and previous payments to the account please contact our offices within the next 14 days to discuss your account

please find enclosed your postal order for the sum of £1

 

so what does this really mean should i contact them?

And what about the other (Dca)s ?

Do i send any more letters etc ?

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It means they want you to contact them. There is no legal obligation for you to do so.

They have admitted that they cannot enforce repayment of the amount owing.

 

They will of course claim that previous payments constitute an admission of liability and your failure to continue payments is a breach of contract.

 

Don't ring them though as they will tie you up in knots over this.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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What has happened in the past with regard to payments is irrelevant - you are entitled to ask for a copy of the agreement anytime and if they don't have an enforceable agreement you don't have to pay them anything. As for the other DCAs, don't chase them. You have made your requests. If they don't send you copies of your agreements and start asking you for payment, you can tell them the accounts are in dispute and will remain so until you get copies of your agreements. Until them they cannot take enforcement action of any kind, including asking you for payment. You can get advice on letters as the need arises.

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  • 1 month later...

hi everyone

 

well a long time has passed and i have got noting from the (dca)s

apart from its your last chance to settle and threats of court action

Could anyone please tell me which would be the best letter to send them

as i dont think they going to stop sending these threats

thanks

 

and i think one of the (dca)s has passed on the debt to another company will i have to cca them

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