Getting out of debt, sorting collection agencies

[percival]

Over the last couple of years I managed to get my self into too much debt, a change in circumstances exasperated this and I found myself bombarded with phone calls and sleepless nights. Like most people I just hope that if I didn't open the letters they didn't exist!

 

Contacted CCS and arranged a payment plan with everyone I owed money to, this has gone fairly OK.

 

The Halifax would not let the arrangement carry on as I use on line banking rather than a direct debit and can't give a date for payment. I was told to not pay and my account would be passed to collections and the pay plan re-instated - load of rubbish!

 

They are still adding interest and I can pay the agreed lower amount although my account will be passed to a collection agency once it's 3 months in arrears.

 

The Coop have just passed my debt onto Fredrickson International Ltd, even though I've made regular up to date payments - they're still adding interest.

 

Been hounded, what seems 24/7 by telephone calls, from both companies, I've spent the last couple of days reading everything I can on CAG my course of action so far -

 

Sent CCA's, to everyone I owe money to but, not sure what to do once the 12 days are up, or what happens once I receive the agreements.

[Guest Old_andrew2018]

Hi

After 12+2 days, the banks enter default, they do not commit an offence until an additional 30days have elapsed.

Once these time-scales are up, or you receive agreements, up-load them after removing personal identifiable information, there many experts who can look over them for you.

 

Andy

[percival]

Hi

 

could anyone help, I've talking to a friend who struggles with money and told her what I was doing to get out of debt. She admitted that she had 2 county court judgements against her, one for an overdraft and one for rent arrears. She had a shop but got into difficulties had a minor breakdown, never opened mail, stayed in bed etc.

 

The collection agency acting for the bank overdraft have offered her a 25% settlement, so I'm pretty sure I can CAG them. The other is for rent on a shop that someone else is now renting, she signed a long lease! and will be paying for this for the next 10 years.

 

Is it worth sending a CAG?

 

thanks

[robinalexander]

Hi

After 12+2 days, the banks enter default, they do not commit an offence until an additional 30days have elapsed.

 

Andrew, unfortunately, that is no longer correct as of 26th May 2008 when The Consumer Protection from Unfair Trading Regulations 2008 came into effect. The specific part of the statute law that comes into play here is Schedule 2, Paragraph 20:

 

20. In section 78 (duty to give information to debtor under running-account credit agreement), in subsection (6), omit paragraph (b) and the "and" preceding it.

The part being emitted from the Consumer Credit Act 1974 is:

 

78. — (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 [F46 £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,—

 

...

 

(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.

The bolded part has now been omitted, and it is no longer an offence.

 

The Consumer Protection from Unfair Trading Regulations 2008 (No. 1277) - Statute Law Database

 

Consumer Credit Act 1974 (c. 39) - Statute Law Database

 

-----

 

 

Hi

 

could anyone help, I've talking to a friend who struggles with money and told her what I was doing to get out of debt. She admitted that she had 2 county court judgements against her, one for an overdraft and one for rent arrears. She had a shop but got into difficulties had a minor breakdown, never opened mail, stayed in bed etc.

 

The collection agency acting for the bank overdraft have offered her a 25% settlement, so I'm pretty sure I can CAG them. The other is for rent on a shop that someone else is now renting, she signed a long lease! and will be paying for this for the next 10 years.

 

Is it worth sending a CAG?

 

thanks

 

Percival, you'll probably get a little more luck if you start your own thread

[percival]

Hi

 

This is a thread I started, just wanted more advice I could give to a friend/

 

Do your mean start another thread?

[robinalexander]

Sorry, thought you were someone else hijacking it, no ignore that last comment. I am not 100% on the rent one, not too sure if that's exempt or differs from the normal CCA request; but, yes, you can CCA the DCA for the bank account.

 

However, what I would say, if you are looking to take the DCA up on the 25% settlement offer, find out from them when that offer expires, since an offer that low is more than likely a campaign that the DCA are running.

 

Out of curiosity, which DCA is it?

[rippedoffagain]

Rent would not come under CCA. Do you still have a lease, or has the landlord terminated it? I would have thought that if the premisses are now reoccupied, you should only be liable for compensating the landlord for the period up until the new tenancy, plus any expenses incurred.

[percival]

the CCA is Westcot, paying the 25% is not an option, the offer is for a limited period although this end date is not mentioned.

 

Not sure about the letting agreement, just wondered if having County courts made a difference, after reading your replies, thanks, great help, think I'll send CAG's. Can't do any harm.

 

As I wrote earlier I've got my own stuff going on re CCA's, this is something extra thought I might be able to help a friend at the same time!

[percival]

Monday was day 12 for the replies from credit companies, do I send SAR to all concerned - and are they committing an offence by not supplying a copy of credit agreement?

looked through the threads for a suitable letter.

 

Really strapped for cash now, burgled over the weekend took bank cards and went shopping on my account! I can't even afford to do that!

 

Anyway would appreciate any advice on next step would be appreciated.

 

ta

[IdaInFife]

Next step nothing,

 

If they have not provided you anything since you have sent the CCA request you need do nothing unless they do.

 

Commiting an offence in no longer applicable as explained above in a previous post

 

After 12 days you can stop payments.

 

regarding you friend, she has ccj's for these debts so basically has to pay them what was decided by the court (hopefully she applied for time to pay) she is too late to dispute these

 

 

Ida x

[percival]

things are moving on its now 12 days plus 3 since I sent requests for cca's - had a letter today from equidebt - they are suspending my account, until they are in a position to forward a copy of my cca.

 

After reading other threads I've managed to live with the constant phone calls and kept a log, told the Halifax (royal bank of scotland) that I do not divulge personal details to unsolicited telephone callers! Call centre 'junkie' was stumped!

 

Had a couple of fearful days as I'm no longer in possession of the recorded delivery receipts for the letters, happy that at least one collection agency has acknowledged receipt.

 

Not sure what to do if the others Barclay and Cooperative Bank don't reply.

[percival]

just read this from another thread re sending follow ups to CCA letters

---

 

sitting back and doing nothing , hmm now where have i heard that before:rolleyes:

 

Personally i would not advocate sitting back and doing nowt, not least because many District Judges would frown upon you if you came before the court, and for the avoidance of doubt, stop paying your creditors and dont chase them for the agreement and that is where you will end up what would your arguement be??

" well sir i asked for a copy of the credit agreement and they failed to comply"

 

Judge " but you were paying for months and months then you just stopped?"

 

you " yes because they didnt send me the agreement"

 

Judge " you never sent them a reminder? you never asked them to check to see if the CCA had been sent and lost in the post?"

 

you " no sir"

 

Judge " well its imaterial now, cos they have produced the agreement and i am satisfied it is correct so i am now going to allow judgment and costs etc

 

how good do you feel now??????

 

i have seen this happen, three times now, with different DJ's and i would never advocate doing nothing, you should atleast chase them up with a "you have failed to comply" letter to show that you are proactive in the dispute

 

to advise otherwise is irresponsible in my opinion,

 

(I've had 2 replies, both collection agencies, it would seem that regulations for these agencies has been renewed in may this year. So maybe they are keener to respond, anyway sending follow-up letters to the my other creditors tomorrow)

[percival]

in case anyone is interested this is the body of the letter I sent to coop bank and 2 credit cards, thought is was nice and short, read loads of other threads, find great inspiration. Haven't felt this in control for a long time!

 

Dear Sir/Madam,

 

Re: CCA request sent to your office on #####

Please find attached copy of CCA request sent to your offices under the Consumer Credit Act 1974.

 

I am sure that a company such as yourselves are aware of your duties with regard to complying with such a request under the CCA 1974, UCPD and the CPUTR 2008.

 

Please could you advise when you are going to fully comply with my request and give your reasons for the delay.

 

Yours faithfully,

[percival]

Didn't get anything back from barclays or cooperative bank, but just had letter threatening action from the Halifax, they also state that if I have a Halifax savings account "we can arrange to transfer the amount directly to you Credit Card!" are banks really at liberty to spend someone's savings for them?

 

I sent reminders for CCA's last week quoting the CCA 1974, UCPD and CPUTR 2008.

 

Bit worried about this new letter with bold red print in the opening paragraph, I'm only in arrears for £137.

[AndyOrch]

Hi Percival

 

Yes tis known as off setting you need to switch your savings to another account independent of Halprax.When you poke the bear and they cant reply be ready for his actions

 

Regards

 

Andy;)

[percival]

Just as well I haven't got any savings left!

 

When I got into financial trouble I was advised by debt counciling to use any savings to pay gas, elec, mortgage etc, even sold my wedding and engagement rings!

[AndyOrch]

Sorry to hear the Percival

 

However they cant take anthing else least of all your pride keep smiling you will come through this im sure

 

Regards

Andy:)

[percival]

not sure where to go from here, sent request for cca's back in July followed by reminders on 13th August, heard nothing.

 

The Halifax are bombarding me with phone calls as late as 7.30 last night and 8am this morning, I've spoken to them twice since then and repeated the same thing "I'm waiting for a reply to my requests and I do not give personal information over the phone"

 

Just been informed that they will phone me first thing tomorrow morning - no rest for the wicked - and charges will be added to my account for the calls and interest. I've just asked the call centre guy to make a note on my account that I want written reply.

 

Where can I go from here? should I get the name of the callers? should I send another reminder?

[AndyOrch]

Hi just keep a record of the harrasment and let them stew.They have not got a copy of your request hence their torrent of phonecalls.Record everything if they instigate litigation you can then defend with a nice C/C of their behaviour in this matter.

 

Regards

 

Andy;)

[Sammy_66]

If it's any consolation, I'm getting tons of hassle from Helifax too. I've been paying them via my dmp since the beginning of the year and they say that what I am paying is not enough and they won't accept my dmp. Well that's tough as that's all they're getting.

 

I've written various harrassment letters to them and advised them in writing on numerous occasions that I cannot afford any more as I have to treat all my creditors fairly and that I will only deal in writing. I've done a CCA request to them - they've ignored every letter that I have sent them and then had the gall to send a doorstep collector.

 

I'm just letting them carry on playing their silly games as I am making a note of every phone call and have copies of every letter that I have sent with the signed for receipts, so if they try and take me to court hopefully I will have it covered.

 

They keep telling me that they will pass my debt to a DCA - I only wish they would as they've been saying that for the last 6 months.

 

Hellifax seem to think they can do what they wish and are above the law.

 

Good luck with them though.

[percival]

Halifax are phoning me up to eight times a day, I've put the number in my mobile so I can return the busy tone but, when they call my landline I just tell them I do not divulge personal info over the phone. The last caller 'threatened' that the account would be referred to a credit collection agency, heard it all before, this just reassures me that I have probably paid more in interest and late charges than I actually owe, think I've been paying them for the last 5 years!

 

Are Halifax a member of the Royal Bank of Scotland? I get call from the too, I've had no reply to my two letters requesting a CCA and wondering when is the right time to send a third.

 

I received a copy of a signed credit agreement from the coop bank, shoul have £10 to spare later this week so I can make a SAR request, I'm finding things a bit confusing as the coop put the loan into my current account and are added interest to that. Do I need to -

 

Calculate the interest added to the loan and

Calculate the interest added to my current account since they added the loan and turned it into an overdraft (didn't have one on the account til then, also had a zero balance)

 

Then use the penalties as a payment to calculate how much is left to pay, then make them an offer?

 

I'm lucky enough to have started working full time since the end of August, so making it my mission to get all creditors off my back.

[percival]

Still getting hassle from the halifax, they don't say anything at all when I answer the phone, but always ring at 8.15 every sat and sun morning, I was keeping a record but got fed up.

 

Had a reply from a few of my credits barclaycard, coop and halifax, the barclay card and coop just look like ban account applications, not that I'm an expert, however the Halifax do have rates of interest ect.

[42man]

Send this letter to the Halifax by recorded delivery - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

Once they have received this letter PLEASE - record the times and dates they call....

 

You might be interested in these - Halifax harassment case settled out of court | Money | guardian.co.uk

 

Cancer patient sues the Halifax for harassment after 762 calls about loan - Times Online

[42man]

Hi the CCA's are a bit small....have you tired using Image hosting, free photo sharing & video sharing at Photobucket (free) there is a good guide to using it in this thread here - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/161226-credit-cards-dcas-2.html