First Post = CCAs and what to do?

[FateInMotion]

Hi Everyone !!

 

I stumbled upon this website after googling a number that kept ringing me - led me to a thread on here about Mercers. I'm astounded as to what you guys are doing - I had no idea how many rules these creditors are breaking and just what people on here are doing about it - well done!

 

I've spent the past 6(!) hours reading threads on here similar to my situation, but I'm rubbish at legal jargon and find a lot of it confusing, so I was wondering if I could have some advice on my own situation?

(Background story) Past few years I've been silly with money, using revolving credit and living the life of riley - buying plasma TVs, XBOXs and just having an all round good time, living at home and not having to worry about expenses, but paying off big chunks of what I owed. Then in June last year my father was made redundant and I started helping out with the bills while he was looking for a job, paying the minimum payments on my cards and not getting anywhere with paying them off due to the fact I was helping out so much. Then, in January this year the company I worked for sold their premises for residential development and closed the business - meaning I had no income! I've been applying for jobs since, selling off my worldly goods to support myself, but since March I've been sinking and I've got no money, no assets, no way of supporting myself and the money I owe my creditors has spiralled out of control - it's now about £16k. The house is now being repossessed so when I do find a job - I will have to start renting my own place and be in the same situation as I am now - no way of paying off my creditors. Hard lesson to learn - but a lesson learned nonetheless - there is no way I will ever treat money the same way again.

 

I made token payments of £1 to all my creditors in the first two months after being made redundant. Since then, my bank accounts have been defaulted due to overdrafts having no income, so I haven't been able to do that. I have not admitted my debt in writing, but I have agreed over the telephone that I should pay £1 a month where possible and if they have said OK. If not I've paid nothing.

I recently opened a Coop cashminder account, so I will start using internet banking to send £1 a month if that is the right course of action.

 

I read about asking for the CCA from the people I owe money to. It seems I can ask that from credit card companies, but what about mobile phone companies?

 

If they do not reply to my request for the CCA in the set time, then what happens? I know after 30 days I can complain, but what does this mean? Am I able to forget about what I owe them?

 

If they do send me a valid CCA, and I am still unable to make payments unless they are token, will they issue me with a CCJ? What happens with a CCJ? Do I pay what the court tells me to for 6 years and then I can rebuild my life?

 

As our home is being repossesed, could I just ignore the debt and in 6 years I would be able to start again?

 

I feel ridiculously guilty about being in this situation, one because I have foolishly borrowed money and am now in a situation i never ever foresaw, and two because if I didn't run this money up I might have been able to help keep the house through my wages.

 

I don't want to get off scot-free, but I just want a clean slate and have been thinking about bankrupty. I understand if I go bankrupt that it is normally removed from my credit file after 6 years, and after 1 year life is relatively back to normal. But I do not know if this is the route to take? I can't believe bankruptcy costs you £500 !

 

I'm sorry for asking so many questions, I have read many threads on here but I seem to be a bit more of a noobie than most other people on here. Feel free to be as patronising as necessary when replying as I think laymans terms will be more understandable lol

 

Thank you all for any replies

 

 

 

 

 

[N.P]

Hi there FateInMotion,

 

Welcome to CAG. The first thing you need to do is calm down.

 

You have asked a lot of questions, so lets just take it one thing at a time.

 

Could you possibly list down all your Debts, what they are for, the age of the account and how much is owed on each account? This will let people know what you are up against.

 

Example - Halifax - Credit Card - 3 years old - £1800

 

Do you have any Debt Collectors chasing you? If so, who and for what?

 

CCJ`s and Bankrupty are a long way off, so don`t worry about that.

 

Regards

 

 

N.P

[FateInMotion]

Hiya!

 

Thank you lol. Yes I need to calm down, so stressed

 

Ok here goes:

 

Barclaycard/Mercers - Credit Card: £1600 - mid 2003

 

Abbey - Credit Card: £2600 - mid 2005

 

GE Money - Paypal Credit Card (£4000) late 2006

GE Money - Debenhams Store Card (£300) early 2003

 

 

Halifax/Albion Collectors - 3 year Unsecured Loan: £5000 - early 2006

 

LloydsTSB - Overdraft: £1700 - early 2007

I applied for my overdraft online and it was immediately accepted - I didn't call/write for this one at all....

 

abbey - Overdraft: £1000 - early 2003

They have defaulted me and are not pursuing me at all - in fact I can't even find this on my credit file now. I applied for this overdraft over the phone and signed nothing. I haven't got my notice of default, though...

 

Vodafone/Capguest - mobile phone: £800

mid 2006 - i dispute this debt but one thing at a time..

 

 

The debt collectors are Mercers, Capquest and Albion.

Albion and Capquest have been friendly, helpful and are accepting £1 a month.

Mercers are being weird - I gave an arrogant bloke a bit of a "roar" and he just stuttered 'fine we'll send it back to barclaycard for doorstop collection then'... heard nothing for a week now.

 

So that's where I am right now.

 

Thank you for your help so far

Edited June 2, 2008 by FateInMotion

[N.P]

Hi there FIM,

 

Right, I`ll make this quick as I`m off to bed now, got to be up for work at 6, yawn

 

The Loans and Credit Cards can be CCA`d, (more on CCA later) so we`ll start with them and see what they come back with.

 

The overdrafts and Mobile phone can`t be CCA`d, but we could always send a prove it letter and see what the empty heads say to that. I`m having some chew with Lloyds TSB regarding an overdraft.

 

I`ll catch you tomorrow evening, but hopefully someone will be along to start you off in the mean time.

 

Regards

 

 

N.P

 

 

P.S. If you have found my posts helpful or funny please click my scales

[FateInMotion]

Thank you N.P

Have a good sleep

[PGH7447]

Hiya!

 

Thank you lol. Yes I need to calm down, so stressed

 

Ok here goes:

 

Barclaycard/Mercers - Credit Card: £1600 - mid 2003 - CCA Request

 

Abbey - Credit Card: £2600 - mid 2005 n- CCA Request

 

GE Money - Paypal Credit Card (£4000) late 2006 m - CCA Request

GE Money - Debenhams Store Card (£300) early 2003 - CCA Request

 

 

Halifax/Albion Collectors - 3 year Unsecured Loan: £5000 - early 2006 - CCA request

 

LloydsTSB - Overdraft: £1700 - early 2007

I applied for my overdraft online and it was immediately accepted - I didn't call/write for this one at all.... - Not Covered by CCA, s would need to S.A.R - (Subject Access Request) to see if any unfair charges have been added to be able to reclaim them back

 

abbey - Overdraft: £1000 - early 2003

They have defaulted me and are not pursuing me at all - in fact I can't even find this on my credit file now. I applied for this overdraft over the phone and signed nothing. I haven't got my notice of default, though... As above

 

Vodafone/Capguest - mobile phone: £800

mid 2006 - i dispute this debt but one thing at a time.. Not too sure

 

 

The debt collectors are Mercers, Capquest and Albion. CCA Requests

Albion and Capquest have been friendly, helpful :oand are accepting £1 a month.

Mercers are being weird Yep your right there, arrogant Barstewards - I gave an arrogant bloke a bit of a "roar" and he just stuttered 'fine we'll send it back to barclaycard for doorstop collection then'... heard nothing for a week now. - Template in the forums library reference doorstep visits, basically unless you invete them they aint welcome, so tell em to bog off if they turn up

 

So that's where I am right now.

 

Thank you for your help so far

 

CCA and S.A.R - (Subject Access Request) and doorstep visits templates can all be found in the templates library.

 

Never talk to them on the phone

Never sign anything

CCA = £1 postal order and recorded delivery

SAR = £10 Postal Order and Recorded delivery

 

Finally when you start the process off if you start a thread for each one you will end up with the correct advice for each alledged debt

[N.P]

HI again FIM,

 

Yeah, PGH7447 pretty much has it covered here.

 

Right, what I would do is this -

 

Send Mercers a `Prove It Letter` to see what they come back with regarding Barclycard - no point in wasting £1 on them just yet.

 

Send Abby Credit Card a CCA Request - to see if their agreement (if any) is enforceable).

 

Send GE Money a `Prove It Letter` to see what they come back with regarding PayPal Credit Card - again, no point in wasting £1 yet.

 

Again, as above to GE Money regarding Debenhams Store Card.

 

Lloyds TSB Overdraft - probably hardest of the lot here - S.A.R - (Subject Access Request) to check out charges.

 

Abbey - If they are not hounding you, then you could leave this until last - otherwise as above.

 

Send a `Prove It Letter` to Capquest regarding Vodafone to see what they come back with.

 

 

 

Right,

 

PROVE IT LETTER - I sent this to Lowells yesterday, edit to suit.

 

 

 

Dear empty heads,

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

What the hell are you dribbling on about? You ask me for a payment, without proving anything. Are you on smack or something? I would point out that I have no knowledge of any such debt being owed to, or have even heard of Lowell Portfolio.

 

I am also familiar with the Office of Fair Trading Debt Collection Guidance which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the Office of Fair Trading say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question, for example, the last bill you have at our address, or your receipt of purchase. This would be very interesting to see.

 

Further to the above, and your threat to arrange for a moron to visit, do you honestly think I’m going to entertain your so-called agent? I don’t think so! Make sure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment and dealt with accordingly - Administration Of Justice Act 1970, Protection From Harassment Act 1997, Communications Act 2003. If you choose to harass me by telephone I will report you to OFCOM, Trading Standards and The Office Of Fair Trading, meaning that you will be liable to a substantial fine, far more than this alleged debt.

 

May I remind you, there is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd (1959) 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, Police attendance.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the Trading Standards department and consider informing the Office of Fair Trading of your phishing actions.

 

I look forward to your reply.

 

Yours sincerely

 

 

PRINT YOUR NAME - NEVER SIGN ANYTHING

 

 

 

CCA REQUEST - I`ve used this a few times. Edit to suit.

 

 

 

 

CONSUMER CREDIT ACT 1974

 

 

 

 

Dear Morons,

 

Your Reference: ********* Re: Agreement Number: **********

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

 

With reference to the above account, I request that you send me a true copy of this Credit Agreement before I will correspond further on this matter.

 

This is my right under the legislation contained within Section 77 (1) and Section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my Credit Agreement on request.

 

Your obligation also extends to providing me with a statement of account. I enclose a £1 Postal Order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my Credit Agreement should be supplied within 12 working days from the date of this letter.

 

I also understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the Agreement under these sections of the Act.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

 

1. True copy of original Credit Agreement

2. Statement of Account

3. Copy of the executed Deed Of Assignment from the Original Creditor and Thames Credit Limited.

4. Fair Processing Notice.

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed Credit Agreement within 12 + 2 working days of a proper Consumer Credit Agreement request.

If you fail to comply with a legitimate request the account enters a default situation, and if you fail to comply after a further 30 days you commit an offence.

 

As you are aware, a Credit Agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment - Administration Of Justice Act 1970, Protection From Harassment Act 1997, Communications Act 2003. If you continue to harass me by telephone I will report you to OFCOM, Trading Standards and The Office Of Fair Trading, meaning that you will be liable to a substantial fine

 

May I remind you, there is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, Police attendance.

 

As this account is now in dispute, I would also draw your attention to The Banking Code Section 13.6:-

 

We may give information to the Credit Reference Agencies about personal debts you owe us if:

·The Amount Owed is Not in Dispute.

·The Office of Fair Trading provided a Code of Guidance that is in relation to Debt Collection: Office Of Fair Trading 664 Response to consultation paper and final guidance on unfair business practices dated July 2003

Deceptive and/or Unfair Methods-2.8 Examples of unfair practices are as follows:- Not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

 

If you continue in your pursuance of this account I will have no other alternative than to report you to both, The Information Commissioner and The Office of Fair Trading.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the Office Of Fair Trading upon the basis that you have failed to comply with the Office Of Fair Trading's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a Consumer Credit Licence under the 1974 Act. If you do not understand what this means then please seek advice from your legal department.

 

I look forward to hearing from you within the statutory time limit.

 

Yours faithfully

 

 

PRINT YOUR NAME - NEVER SIGN ANYTHING.

 

 

 

The S.A.R - (Subject Access Request) Template can be found here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html It has been updated, taking the Test Case into account.

 

Right, you need to send the CCA Request together with a Postal Order for £1, this fee is required. Allow 12+2 working days then if they haven`t supplied your argeement by then they are in Default and you can withhold payments, if your paying anything. Allow another 30 calendar days before they commit a Criminal Offence, then you can report them to Trading Standards for non complience.

 

The S.A.R should be sent together with a £10 Postal Order, allow them 40 working days before they Default on your request. If they Default send them a Letter Before Action allowing them 14 days to comply before you start Court Action for non complience.

 

I hope this helps, I`m sure if I`ve made any mistakes or missed anything someone will pick up, but I think your sorted for now.

 

Just thought, send your S.A.R and CCA Request by Special Delivery if you can afford it, or Recorded Delivery.

 

Regards

 

 

N.P

Edited June 3, 2008 by N.P
Missed a bit

[FateInMotion]

Hi again!

Thank you so much for your replies.

Some work to do there

 

Apologies for the late reply, my monitor decided to blow up last night, as in, it literally went bang lol...

 

and LOL at your letter! I will use it, although maybe replace morons with numbnuts hehe

 

Thank you so much again, very very grateful for your replies and hopefully get some good news soon.

 

Andy

[N.P]

 

and LOL at your letter! I will use it, although maybe replace morons with numbnuts hehe

 

Andy

 

 

 

You could also use knob jockeys or empty heads.

 

Do you have a scanner? When you get a reply, scan it up on here and we`ll go from there.

 

 

N.P

[N.P]

Also, you will need to edit Number 3. in the CCA request - from Thames Credit to who or whatever.

[granada]

Sorry to be so stupid - but how does getting a copy of a CCA help with the debt problem with Barclaycard. Sent off with postal order and allowing for postage, should get the agreement next Tuesday. What happens if it doesn't arrive and if it does arrive, how does it help me? Incidentally I got so fed up with all the phone calls and automatic silent calls and the fact that the call centre wouldn't acknowledge we'd written with budget sheet to say we were in trouble, also said they never, ever reply to a letter, one guy said we won't even negotiate with you etc., that I wrote to the Chairman of Barclays PLC

[N.P]

Sorry to be so stupid - but how does getting a copy of a CCA help with the debt problem with Barclaycard. Sent off with postal order and allowing for postage, should get the agreement next Tuesday. What happens if it doesn't arrive and if it does arrive, how does it help me? Incidentally I got so fed up with all the phone calls and automatic silent calls and the fact that the call centre wouldn't acknowledge we'd written with budget sheet to say we were in trouble, also said they never, ever reply to a letter, one guy said we won't even negotiate with you etc., that I wrote to the Chairman of Barclays PLC

 

 

 

Hi granada,

 

Please start your own thread with this, but anyway, you have the right to request a copy of your Agreement at any time. The thing is, if it does not full comply with the Consumer Credit Act, IE. missing terms etc, then it may be unenforceable in Court, which in itself is an entire defence, putting you in control.

 

For the sake of £1, it`s definately worth sending of your request, just incase. If they don`t have one, even better, they will not be able to do anything without it.

 

How old is this alleged debt?

 

 

 

N.P

[granada]

Hi granada,

 

Please start your own thread with this, but anyway, you have the right to request a copy of your Agreement at any time. The thing is, if it does not full comply with the Consumer Credit Act, IE. missing terms etc, then it may be unenforceable in Court, which in itself is an entire defence, putting you in control.

 

For the sake of £1, it`s definately worth sending of your request, just incase. If they don`t have one, even better, they will not be able to do anything without it.

 

How old is this alleged debt?

 

 

 

N.P

We are unable to pay our Barclaycard bill and our overdraft because mortgage has gone up £300, so technically it's two months since we've been able to make a payment and now the Barclaycard debt is being handled by a senior person (see my original post) and we are waiting for the bank to start on us - presumably the CCCS will help us work out something - but it will be nominal. That's why I was so interested in the comment from Barclaycard "don't see any mileage in pursuing something that isn't there." But thought I'd send off for copy of CCA and wonder if it applies to a bank as well? Thank you for getting back to me. I'm hopeless at forums, just don't understand how to use them!

[MARTIN3030]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/158682-capquest-dont-let-them.html