Offers Of Payment Advice

[jthep]

Hi Guys

 

Just hoping someone could offer up some advice.

 

Basically ive been a bit stupid over the last year or two; not paying off some of my debts due to our mortgage payment going up by nearly £300 a month over the last 2 years, along with the household bills - basically the same as everyone else. I explained this to my creditors and was paying a reduced ammount per month, then missed 2 months in a row, then all of a sudden I get 5 letters all at the same time requesting payment and telling me they are taking me to court, issuing Default notice's

 

anyway; I have 5 main creditors who are requesting immediate payment;

 

Great Universal - Moorcroft Debt Recovery 3362.25

 

Littlewoods - Debt Managers 1321.54

Next - Debt Managers 754.88

 

Studio - Moorcroft Debt Recovery 551.44

Capital One - Debt Managers - £354.75

 

Basically they are split between 2 companies;

 

Moorcroft Debt Recovery are by far the rudest, they rang me up in work, I replied "sorry its not convenient for me to talk now, im actually in work, please could you call back after 6"

 

the operators instant reply "obviously we know your in work, we have rang you here.":-x

 

They are very rude when they ring my house phone and if my partner answers the phone its usually "hi please can we speak to your husband.... regarding a serious issue which could relate to a court summons".

 

me and my partner are due to have our first child in December and i want to give it the best start in life, without his/her parents being in a silly financial mess.

 

We have been able to get £2,600 by selling our oldest car, as we no longer need the 2nd car as we both work for the same employer. I am concious of the fact that this money we have is significanly less than the total sum of the debts, but it was the best we could do, without taking out additional financing, which id rather not do.

 

Until we got these letters, we were going to use this money towards the baby, but I think its going to be best to use it to get rid of the debts.

 

We are going to offer each company a settlement figure and see if they accept. Basically i'd be prepared to make them a lump sump payment then possibly £10-20 a month, if they really pushed their case.

 

Could anyone offer a poor soul some advice on what best to offer each company in regards to the above debts.

[honey5]

i wouldnt be offering them any of the money you have set aside for the new baby as yet

first of all send off a cca to the dca's this will ensure that they have a correct and enforcable agreement and they have a right to collect.

 

Send this from the letter templates library with a £1 postal order by rec del, keep your proof of postage and do not sign anything

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-162367.html

 

 

also send with it this telephone harrassment letter

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

good luck let us know how you get on

 

honey x

 

MODERATORS NOTE: Please do not post template letters in the forums as they are for the use of registered users, not visitors.

Please post links to the letters.... visitors cannot access the libraries.

Thanks for your cooperation..... Rooster.

Edited June 28, 2008 by Rooster-UK
Template letters removed.

[jthep]

Thanks Honey

 

I'll send them off today

 

Cheers

 

x

[honey5]

good luck and keep us posted

honey x

[harrythehawk]

Yes, the CCA situation may change your whole approach if they don't have one and certainly some of the names on there I would be very surprised if you do get one from them in the prescribed form. If they don't have them this does give you the upper hand on how and when you deal with this and more importantly you will be in control of the situation. However, do be prepared for a rough ride, they will try and tell you anything to get you to pay or provide incorrect documentaion and convince you that is all they need to comply with the act, as you will find this isn't the case. From there it may be worth looking at the balances and any charges you can reclaim from them, the catalogues particularly for Studio and Littlewoods I have successfully reclaimed from and also stopped paying after CCA action.

[jthep]

Hi

 

well i sent all the letters off, i didnt sign them. - sent them all recorded delivery

 

I have received the follwoing back so far;

 

Debt Managers - Next

"we have requested a copy of the signed credit agreement from our client and will revert to you once this is to hand

 

Debt Managers - Littlewoods

"we have requested a copy of the signed credit agreement from our client and will revert to you once this is to hand"

 

Moorcroft - Studio

Thank you for your request for a signed copy of the relevant agreement under the Consumer Credit Act. At this stage we are currently unable to provide a copy of the agreement as we have been in contact with our clients (Studio Cards & Gifts) who have confirmed that the original credit agreement was sent with your frist invoice and you were instructed to keep the documentation in a safe place.

 

If there are any areas where you feel that a dispute in relation to the account still requires resolution please provide details. If this is not the case we look forward to receiving you settled proposals.

 

We therefore return the payment submitted in that connection. they returned the Postal Order

 

Moorcrooft - Great Universal

I refer to your recent correspondence. We are continuing to see to obtain a copy of the Consumer Credit Agreement that you have requested. Our systems provide for reviews to be sent to our client on a regular basis and this we are continuing do. I will contact you again just as soon as the agreement has been made available to ourselve and confirm at this stage the account have been placed on hold and that we wil not seek to enforce the debt until such time as the agreement is obtained.

 

In the meantime however we believe that it may be of assistance to all parties if we also take this opportunity to ensure that any potential areas of dispute are addressed prior to any possible court action or further investigation.. Please could you give an indication of the information you will be providing, when giving evidence to the courst or providing information to the relevant statuatory authorities in relation to the alleged subject matter of this account.

 

Please could you provide this information by return. We beleive that this is a simple request that will assist in ensuring that all possible areas of dispute are identified as quickly as possible and potential costs and delays kept to a minimum level.

 

I thank you for you assistance and patience in this regard.

 

honey/hawk could you offer up some pearls of wisdom, i would like to thank you for your help thus far.

 

j

[harrythehawk]

These all look pretty standard replies, just let them keep looking and see what they send which will more than likely be a blank form "you would have received at the time". The only specific comment is the Studio response which is laughable really in that they imply it is your responsibility to keep this document, utter rubbish, they have to keep a copy (which they won't have and have more or less said that) and supply it to you in accordance with the Act when you request it, there is no requirement for you to produce this document for them ..... which would be difficult as it doesn't exist. So sit tight and wait and then when they are in default relax a bit more, however be prepared for further nonsense from them.

[jthep]

hi, harrythehawk, when would they be in default.

 

after the 12 days are up ?

 

I really appreciate your comments and advice you have given thus far.

[honey5]

hello 12+2 days for them to default

then a further 30 days and an offence is committed

just sit tight their responses are as hawk has outlined

 

looking good so far, just think of that extra cash you'll have for the new baby

 

honey x

[jthep]

Hi Honey / Harrythehawk

 

Thanks for all your help and advice so far.

[jthep]

I received this letter this morning direct from Littlewoods (Debt Managers) with a blank CCA.!!!

 

Initial Letter

"]

 

CCA- Page 1

 

CCA- Page 2

 

just wondering is there anything that should concern me regarding this letter, or is it just a standard reply and if i need to reply?

 

once again, thanks for all your advice.

Edited June 28, 2008 by jthep

[moggieb]

With regard to Moorcroft, we received the same letter so sent the following reply:

Thank you for your letter of 21st May 2008 the contents of which I note.

 

Unfortunately, your response does not satisfy my statutory request made under Section 78(1) of the Consumer Credit Act 1974.

 

There is no provision in the above Act whereby you as a creditor can excuse yourself from your obligations on the basis that your client confirms ‘the original credit agreement was sent with the first invoice…’ and I therefore look forward to your compliance.

 

No further correspondence will be entered into on this matter until I receive the relevant document(s). This extends to any negotiations with regards to settlement as I am advised that currently the debt is legally unenforceable.

 

Under OFT guidelines on debt collection I would expect you to cease collection activities until such time that I am provided with the information to which I am entitled.

Received a reply saying that they are unable to supply a signed copy of the CCA-I know because there isn't one. So SAR to Studio-we have no problem with paying for goods received, just the ridiculous amount of charges imposed when my son's partner couldn't pay due to a change in circumstances. Good luck:)

[jthep]

Hi

 

I received this from Moorcroft today regarding my studio account

 

[PGH7447]

o' not the pre-courts division, do these idiots never learn,

 

basically they are now demanding payment while the account is in dispute, simply write to them and tell them that until your request for them to provide the cca is complied with any attempt to demand money will be reported to the TS and FSO, there is a letter on here somewhere that hopefully I can find or else someone else will post up for you

[PGH7447]

try this amend to suit

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. I would now request you send me your official complaints procedure within 14 days.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor 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.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[jthep]

hi thanks for this, please could you let me konw what

 

"TS and FSO", is FSO - Financial Services Ombudsman

 

apologies for the stupidity of this message.

[meols cop]

Sorry to state the obvious but have you tried to claim back the charges on these accounts? If not get it done right away

[PGH7447]

hi thanks for this, please could you let me konw what

 

"TS and FSO", is FSO - Financial Services Ombudsman

 

apologies for the stupidity of this message.

 

not stupid at all

 

ts = trading standards

FSO = financial services ombudsman

FSA = financial services authority

[389shell]

Lol! What a bunch of chancers these people are turning out to be! Desperate times and all that, bless them. They are just scare tactics, don't forget that they have to abide by the law like the rest of us, but I really can't believe how stupid they are making themselves out to be!

 

FOS Financial Ombudsman Service

 

TS Trading Standards

 

I really don't think that you have much to worry about with these people, they will be in default tomorrow so doesn't look like they have anything.

 

A Blank agreement, that is the best laugh I have had all day. They didn't put a little post it note in with it asking you to fill in the blanks did they?

 

Just concentrate on your little bundle of fun and save your energy for heaving yourself about in the later months. Good luck.

[harrythehawk]

Yes, also any letter that says they "may" do something means they probably won't. They have to put the word "may" so it is not seen as a direct misleading threat which breaches OFT Guidelines ie as opposed to we "will" do this which implies they actually can. Having said that there is nothing stopping them going to court so always beware, however remotely, that there is the tiny miniscule chance you may have to defend using no enforceable CCA as a defence but they would have to be very stupid to even try this and they will know it.

[jthep]

Sorry to state the obvious but have you tried to claim back the charges on these accounts? If not get it done right away

 

could i still do this even though I have already requested a CCA?

[jthep]

With regard to Moorcroft, we received the same letter so sent the following reply:

 

Thank you for your letter of 21st May 2008 the contents of which I note.

 

Unfortunately, your response does not satisfy my statutory request made under Section 78(1) of the Consumer Credit Act 1974.

 

There is no provision in the above Act whereby you as a creditor can excuse yourself from your obligations on the basis that your client confirms ‘the original credit agreement was sent with the first invoice…’ and I therefore look forward to your compliance.

 

No further correspondence will be entered into on this matter until I receive the relevant document(s). This extends to any negotiations with regards to settlement as I am advised that currently the debt is legally unenforceable.

 

Under OFT guidelines on debt collection I would expect you to cease collection activities until such time that I am provided with the information to which I am entitled.

 

Received a reply saying that they are unable to supply a signed copy of the CCA-I know because there isn't one.

 

I'll send this off tomorrow - cheers.

[jthep]

try this amend to suit

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. I would now request you send me your official complaints procedure within 14 days.

 

etc etc etc

 

Yours faithfully

 

Cheers - ill send this tomorrow (Wednesday).

[PGH7447]

cca the dca and sar the oc

 

or in english

 

CCA the pondlife and sar the original creditor

[meols cop]

could i still do this even though I have already requested a CCA?

Indeed you can. You need to send the origional creditors a request for all the statements on the account. There is a charge for this of £10. Once you do that put in a claim to get them refunded.