aic hassle. Help!

[houston49]

old Lombard debt from 1999. What i can remember total owed 7.5k.made redundant 12 months later. passed debt to moorcroft 2001 ithink. paid to them then aic appeared on the scene saying they were collecting on behalf of Lombard.(they have always said they are acting on their behalf).Seem to be paying forever 100/month.recently have had a few problems paying,send them what i can, when i can. owe about 1k.still getting hassled. deny evey statement they previously made,refuse to put anything in writing, except usual shirt off your back etc.told me i was commiting an offence when i would not tell them house details, employer etc. had enough.! How do istop them in their tracks. CCA. SAR, ignore them. too old for this nonsense. all advice accepted graciously.Do i contact Lombard and ask why their collection agency refused to accept payment because lombard are demanding full payment,been hung up on,you name it. how do i get a list of payments made, they only say they will write the amount oustanding on a comp slip. or at the top of a letter.

Help!

[bezzer1955]

Sorry to hear of your troubles. How d'you think I feel then when I'm still being chased (& harassed) for a debt 17 YEARS OLD?! I made my first contact with C.A.B. re this debt AFTER I had been making agreed, reduced payments to Nat West for two years religiously - they became greedy and their insistence twice per year for me to increase payments, drove me to seek advice from CAB as I would write to bank explaining circumstances same - on benefits - but it was as if I had never made contact with them - they totally disregarded my letters. However the immediately responded to letter that CAB wrote to them on my behalf and even stopped interest being added. CAB advisor told me that my "big mistake" was ever making a single payment to them in the first place - as after 2 years of non payment & non contact, they would have wiped debt!? It seems crazy that people like you and I who actually WANT to pay off our debts the best way we can, happen to get pursued for years on end, whilst some (though not all) individuals, 'in the know', run up debts intentionally with the express intention of never repaying them!

 

I would advise you to find an experienced 'debt counsellor' attached to a local advice centre (these are far superior to CAB advisors who have very little time to spend on your case - and in order to get to 'see' one during any session slot, you to join a queue in the street, sometime a 'mile' long, then when, eventuall, the doors are open, take a ticket, sit, wait and often still not get to see an advisor. Or, alternatively, do as I did - arrive 2 HOURS before they open to ensure you are first in the queue - even then though you cannot guarantee that you WILL be first - when I did this a woman appeared from 'nowhere' and exclaimed that she was "before me and had been sat in her car!"

 

Advantage of a local advice centre (there must be one in your city?) is that they are smaller, more friendly, mostly operate on an appointment system and spend far more time with you. They are every bit as good (if not better, in my experience) than CAB.

 

Second suggestion is to go and meet your local MP at his/her surgery - they will help you in any way they can - I realise they are not debt counsellors but mine worked on my behalf tirelessly for 12 months to resolve and Inland Revenue issue - absolutely brilliant. You've nothing to lose (except maybe half hour of your time) and everything to gain. You are a constituent and they need/want to secure your future votes so it's in their best interests to help you all they can.

 

Anyway, good luck and I'm sure many other people on this brill site will have some ideas for you.

[maroondevo52]

Hi, Houston49.

 

CCA them.

 

The CCA request also ensures they have the legal right to collect on this debt, after all I could say you owe me £Xk, but would you believe me ??

 

There is a template letter to be found here:

 

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

 

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some important deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.

 

 

Regards.

 

Scott.

[houston49]

Thanks guys. Will it make any difference That i have been paying them all along. Once i have sent the cca i get the impression from other posts i should then send the SAR and get a statement of account. will start the ball rolling and see what happens.

[DandD]

Hi Houston49

 

It won't do any harm to apply for a S.A.R. It might throw up some interesting info.

 

But, at least do what maroondevo52 says. Apply the CCA information request.

 

The S.A.R will cost £10 and the CCA will cost £1. There are great templates on this site for you use.

 

Hope this helps

 

D

[havinastella]

Houston, I would CCA Moorcroft to see if they can enforce the debt.

 

I would S.A.R the Original lender to see what charges are on the account.

 

In fact, you may want to S.A.R the debt collection company to see what charges they have added to your account.

 

You can reclaim all of these.

 

Jogs

[DandD]

Houston,

 

Havinastella is so correct. Don't be put off by the letters you need to write.

 

It really could be worth it!

 

D

[havinastella]

S.A.R letter

 

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

 

 

CCA request, I use this one from PT, it covers all bases, and in your case I would recommend it

 

Dear Sir/Madam

 

Re:− Account/Reference Number xxxxxxxxxxxxxxxxxxxxxxxxx

 

With reference to the above agreement, I require that you provide me a true copy of the credit agreement

 

I am aware that section 78(1) of the Consumer Credit Act 1974 sets out clearly what is required to comply with my request and quote “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it” For clarification I require a copy of the agreement, any terms and conditions from the time when the agreement was executed together with a copy of current terms and conditions and a copy of the cancellation notice if the agreement refers to “Your Right to Cancel” within it. I also require a statement of account as laid out also within Section 78(1).if there weren’t any terms and conditions then please confirm this in your response

 

I am entitled to receive the information on request. I enclose a payment of £1.00, which represents the fee payable under the Consumer Credit Act 1974.

 

I note that section 172 outlines that statements by creditors are binding where made under inter alia section 78(1) and I take this to be that any reply made in response to this request is binding upon you. Therefore you should ensure that all documents request are supplied. Any missing documents will be considered not part of the agreement and could therefore affect the enforceability of anything you send.

 

I understand that Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 (SI 1983/1569) at regulation 2 sets out the required time frame for compliance with this request as being 12 working days from receipt

 

 

Should you fail to comply with my request as outlined above, I shall consider the account in dispute. I am aware that where a creditor fails to supply the requested information the creditors rights to enforcement are restricted until such time as they comply. I am also aware that there are certain terms that are required to be within the “Agreement” and should these terms be mis-stated or not present the agreement can be rendered unenforceable in law.

 

Notwithstanding the above, I note that the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557) at Regulation 3 allows the Signature box and signature to be omitted in a copy document but the copy document must contain all the terms off the agreement contained within the signed executed original document

 

I respectfully request that you provide a copy of the original agreement signed by myself that you hold on file and while I accept that you can omit the signature box for the purposes of compliance with my request, you will be aware that any challenge to the agreement in court would require the signed copy of the original agreement. If you still reject this, please provide clarification on the status of the Original Credit Agreement and confirm either that you hold the original signed agreement on file or a copy of it on microfliche or that you no longer hold the file

 

Also please provide details of who I may address a subject access request to under the Data Protection Act 1998 section 7 so that I may obtain a copy of the original agreement should you fail to forward a copy in respect of this request

 

Therefore I look forward to receiving this information within the time frames as indicated above

 

 

 

 

 

Yours faithfully

[DandD]

Not too sure about this. PT is the expert, and this seems absolutly perfect for cca, but i'm not sure about S.A,R.

 

PT, surely CCA request and a S.A.R. need to be done seperately?

 

D

[havinastella]

Yes, sorry if it looks like a single letter.

 

I have linked to the S.A.R as that should not be posted on the general forums. I would sent a copy of the SAR to OL and Moorcroft.

 

I would also send the letter I posted to Moorcroft.

 

Hope that clears things up

[DandD]

You probably know better than me, but I'll do some research to try and help

 

D

Edited June 7, 2008 by DandD

[DandD]

Hey Houston

 

You haven't posted for a while.

 

All OK?

 

Mr D