Debt Advice not sure what to do now

[superg]

Hello People I am just new to this forum and its a great place to be. I am In need of some advice as not sure what to do next

I had an account with ccs they were great I was paying 25 pounds per month and all of my creditors were happy but problem is that I lost my job and I am now on jobseekers allowance have had to stop my cccs account as I cant live now loads of collection agencies are after me and calling me around 5 times a day. I have been telling them that I can’t pay anything but they are still calling me and it’s quite stressful as I am trying to do job searching. Here is a list of things with info

Abbey owe 750 pounds but all of the charges are bank charges

They have passed the debt on now. I advised the company that these charges were unfair charges but they need word from abbey, they said contact abbey but what can I say?

2nd EGG card

This is now with an External agent phone calls and letters too

MBNA Loan

Debt Collection Company

EGG Loan

Debt collection company

Nat west

This bank owes me 28 pounds they took it form our benefit Job seekers

I advised that they cant take this under the admin act but the bank advised that they can even though it was a joint claim?

Domain name debt

Bought a domain name for one year but company renewed it not sure if they can do this (but at least they don’t have my number

Sorry it’s a large post people but I really don’t know where to go from here If any one could give me any advice I am very great full indeed

Thanks

[rory32]

Abbey owe 750 pounds but all of the charges are bank charges

They have passed the debt on now. I advised the company that these charges were unfair charges but they need word from abbey, they said contact abbey but what can I say?

 

Have you started the process of reclaiming these charges?

 

When were the credit cards taken out?

 

This bank owes me 28 pounds they took it form our benefit Job seekers

I advised that they cant take this under the admin act but the bank advised that they can even though it was a joint claim?

Do you mean the joint claim is for benefits?

[superg]

no not at present as realy dont have any money for data protection

not sure where to go about these debts yes it was a joint claim is for benefits?

 

thanks for your reply

[superg]

does any one think that i should send a letter saying that i cant pay anything at the moment and try and enclose a budget sheet

[rory32]

does any one think that i should send a letter saying that i cant pay anything at the moment and try and enclose a budget sheet

Yes. You need to make your current position clear to them in writing. You need to also make it clear to them that you will only communicate with them in writing. You can use letter C from here and the letter here Send recorded delivery if you can afford it, if not get proof of posting.

[Guest forgottenone]

Just something to suggest as well. You mentioned your benefits? If you haven't done so already I'd open a basic bank account, get your benefits paid into it from opening it. Don't need to say do not let any of your creditors know about it. None of their business where your benefit gets paid into and, if they ask you ... well there are a few things on CAG I've seen about this score. Sure, they do a basic credit check eg land registry, that sort of thing, but one is Cashminder from the Co Op. The account also has a ATM card, you cannot - under any circumstances - go overdrawn, no matter what ... hence the low credit check because no overdraft facility. It also has mostly the same features as a standard current account except for no overdraft of course.

 

If you have not done this already I'd really do it pronto. Co Op has a phone line, can apply over the phone. Branches for the Co Op are few and far between, usually involving much travel to get to. But you can apply over the phone very easily. There are at least 2 others which offer basics ... although I think one is Natwest ... not sure.

 

As you probably already know the banks/creditors couldn't care less if they put you into debt ie take all the money you have to live on, long as they get their money. Yes, it's all very wrong, but they will do it come what may.

 

Like I said, if not already, do it soon as you can.

[superg]

He just an update I contacted the cccs and managed to get a budget sorted out but when I sent letters the creditors refused the offer of token payments so i have not paid anything to them at one point i did try but the min the would want was £10.

I have emailed them for there bank info but they have not responded to this also I am quite worried now because I am finding it really hard to live on the money I get and bills are arriving so quickly

Not even sure if I could give them 1 pounds each.

I have heard that if people don’t have any money that there is some oft rules where they can look at the claim and offer payment only thing is I still don’t have £10 to pay for statements. I would have a little bit more money but me and my partner are paying off 40 pounds a fortnight rent arrears Is there any way that I can get these statements free

 

Thank you for your help people

[creditcardmug]

Hi, send them all (except the bank acc) a CCA request, this will cost £1 each, but you need to send them by recorded signed for (letter N in the templates), i think recorded is about £1.20.keep the reciepts.

This will give you some time because it places them in dispute, and you don't pay during the dispute.

When/ if you get anything back post it up on here (minus personal details)

for an appraisal to see if it is an enforcable agreement.

As for the bank taking your benefits, get another bank account ASAP, i.e. not connected to any of your creditors.

[superg]

hi can some one link me to a cca request for original agreements with signature as i cant find them in search and do i send them to the creditor or dca Thanks all

[creditcardmug]

Hi send it to the DCA, if there is one, suggest you start you own thread, if you havent done so.

 

 

1 High Street,

Newtown,

Kent

R21 4RH

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

Dear Sir/Madam

 

Re:− Account/ref xxxxxxxxxxxxxxxxxxxxxxx

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

We look forward to hearing from you.

 

[superg]

Thank you letters now sent to egg loan and mbna loan awaiting replys

[superg]

received reply from dca saying that they will forward it on to mbna nothing yet from Fredrickson client of egg

[creditcardmug]

received reply from dca saying that they will forward it on to mbna nothing yet from Fredrickson client of egg

 

send the account in dispute letter if still nothing after 14 days

[superg]

not sure what account in dispute letter is but have received a letter from mbna dated 02/04/09 offering 50 % off os balance nothing else has arived

[r&b]

heres one version of it:

 

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

ACCOUNT IN DISPUTE

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your letter dated ??/??/??, the contents of which are noted

 

You attention is drawn to the fact that this account is subject to a serious dispute. On ??/??/?? I requested ********supply me a copy of the credit agreement covering this account pursuant to the Consumer Credit Act 1974 section 78. To date ******** have failed to comply with my request and have totally ignored my written reminders sent via recorded delivery of this fact. Without production of the said agreement I am unable to assess if I am indeed liable for any alleged debt to you or *******, nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’ as required by the Consumer Credit Act 1974

 

For the avoidance of any doubt I have included section 78(1) and 78(6) of the Consumer Credit Act 1974, which states…

 

78 Duty to give information to debtor under running-account credit agreement

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the state of the account, and

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

 

Clearly as no agreement was supplied on request, this in no way complies with the requirements of the Consumer Credit Act 1974 and I now draw your attention to section 78 subsection 6 which states If the creditor under an agreement fails to comply with subsection (1) he is not entitled, while the default continues, to enforce the agreement;

 

Clearly this is a situation as described in s78(6) Consumer Credit Act 1974 and the debt is unenforceable at this time. In addition, I draw your attention to section 127 (3) Consumer Credit Act 1974 which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 the agreement cannot be enforced.

 

To clarify s61(1) states

 

(1)A regulated agreement is not properly executed unless—

 

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b) the document embodies all the terms of the agreement, other than implied terms, and

© The document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible

 

In addition the prescribed terms referred to in section 60 CCA1974 are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following—

 

1.Number of repayments;

2.Amount of repayments;

3.Frequency and timing of repayments;

4.Dates of repayments;

5.The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

 

Therefore based upon the Consumer Credit Act 1974 this debt as it stands is unenforceable and should this proceed to litigation, a court is precluded from making an enforcement order under section 127(3) unless a true copy of the signed agreement is produced..

 

 

 

 

At the point where this account entered into the default situation as described in s78 (6) CCA 1974 no other charges are allowed to be added until such time as ********* become compliant with my request. As ****** are still not in compliance with my request I insist that the following takes place with immediate effect

• All charges levied since ??/??/?? be removed from the account and further charges cease until such time as ******* comply fully with my original request or such time as a court makes an enforcement order
  
• All entries which refer to missed payments be removed from my credit file
  
• All collection activities by your company cease with immediate effect until ******** comply with my request from ??/??/?? or such time as a court makes an enforcement order
  

In addition, I draw your attention to the Office of Fair Trading’s guidance on debt collection

 

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

What I Require.

 

I require that you send me a true copy of the executed agreement as required by the Consumer Credit Act 1974. If you are unable to supply the requested documentation because no such agreement is in existence I require written clarification as such.

 

I require that you comply with my request within 7 days of the date of receipt of this letter. I will not correspond any further with you until I either receive a copy of the requested documents as laid down in section 78(1) CCA 74 or clarification that such agreement doesn’t exist. I am advised that should you persist in pursuing this debt ignoring the above information you will be in breach of the Administration of Justice Act 1970 section 40 as well.

 

No other correspondence will be accepted

 

Should you attempt litigation it will be vigorously defended and the failure to supply documentation under the CCA 1974 is a complete defence to any legal action and your actions will be vexatious and unlawful.

 

I look forward to your due diligence in this matter.

 

Yours faithfully

 

[PRINT NAME] Don't sign

 

send recd del, hope that helps.

[superg]

hi guys just an update i sent cpr to nco on around back end of march received a letter from nco dca on 02/04/09 saying that they will pass it on but nothing received now its 14th of may where do i stand now any idea. also sent cpr out to Fredrickson international they then a letter arived from bryan carter saying that they are no longer collecting money and have returned it to egg and returned postal order,as for abbey national charges I still dont know what to do with them pay them or not ? any advice guys

 

Thanks in advance

[creditcardmug]

hi guys just an update i sent cpr to nco on around back end of march received a letter from nco dca on 02/04/09 saying that they will pass it on but nothing received now its 14th of may where do i stand now any idea. also sent cpr out to Fredrickson international they then a letter arived from bryan carter saying that they are no longer collecting money and have returned it to egg and returned postal order,as for abbey national charges I still dont know what to do with them pay them or not ? any advice guys

 

Thanks in advance

 

Hi, i think you mean you sent a CCA request?, you seem to be getting your CCAs mixed up with CPRs

 

As for the freds/carter one, it looks like they have given up, and returned the account to the OC, if you have sent the acc. in dispute letter to freds, when the next DCA comes on the scene there is a "bemused letter to send them...untill that happens, forget about it, bliss!!...and no dont pay them.

[superg]

hi there lowell financial have now taken over the account do u know what i have to sent these guys for loan agreemant not sure what a bemused letter is Thanks

[sam614]

hi there lowell financial have now taken over the account do u know what i have to sent these guys for loan agreemant not sure what a bemused letter is Thanks

 

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

 

send them that.

 

SAM

[superg]

hi sam thanks for your reply the issue i have with this loan at present is I sent a request to fredricson international with one pound postal order but recived back the money from byan carter saying that they nolonger hold this account and have passed it back to the client egg but i just left it and never sent a request to egg for agreement so do you think i should request agreemnet from this new company Thanks for your help sg

[sam614]

hi.

 

if you did not send cca to egg.you can't send the above.

 

would send cca to the losers.

 

print name don't sign.

 

SAM

[superg]

Hi all just an update egg sent me a statement of account but no agreement. A letter arived from dca who have bought debt saying that they have closed there file and egg may have got rid of agreement lol they said if egg was to find it in the future then they will get back to me for money lol hope they dont

[superg]

Hi all I am back lol well guess what I revived an agreement from egg loan its four pages long from 2004 includes T&c pages thing is its taken one year for egg to get this for lowell so not sure what to do now maybe I can upload it and some one can look it over for me in the mean time any one any advice cheers

 

super_g

[superg]

also now mbna is calling me even though I never received My agreement back this was over one year a go and was sent recorded delivery. as for egg people I have not yet replied any ideas on this