Me & My Debts

[1littleduck]

Thanks for that Citizen,

One question, if a limited company goes bust owing lots of money, then the directors, I think, dont loose their houses. Normal people who sign a unsercure debt should be treated no differently.

If it is not in the terms and conditions that these things can or will happen, or if you are not told about these steps being available to the card companies when taking out a credit cards/loan that is not secured, I would think that the company has not a leg to stand on!

If when people took out credit cards, they were told they could loose thier home if they default, then no one would have them, they are not like a morgage where you are well aware of the consiquesces and it is printed by the signature box clearly so you cannot miss it!

The interest is alot higher which is there, I think because of the risk of non payment and the credit card companies no this, if your house could be at risk, then the interest should be the same as the morgage interest..

If you are not told the true fact when you take something on, then this is misselling a product, much like all the problems with the endownments.

I'm going to look at the other threads so see if I can find anything out on this.

[1littleduck]

Hi,

Can someone please tell me where I should sent the cca letters, for instance, I have one for Mint, do I send it to the payment address or to the RBS head office address.

Thanks

[citizenB]

Send it to the head office address. If you send it to the payment address without any payment in, it will very likely not get the attention required.

[1littleduck]

Thank you.

[emmaf01]

Is it still Mint dealing with the account or is it DCAs? What was the address of the last people to send you a letter regarding the account?

 

Sorry, I'm too slow at typing! Posts crossed.

[1littleduck]

Hi emma and all, It was mint that sent the last letter, saying that they were not happy with the proposed amount gp had offered to pay them. The address was from southend on sea, so I guess that I should reply to this address.

 

I have also had a phone call from a dca who i think (has just bought, but am not sure) my debt from nationwide, they left a message telling me i had 48 hours to phone them....dont know what i have to look forward to from them.

 

I also have a solicitors letter on behalf of HFC bank, but cant find HFC's address to send a cca,

 

Any help please!!!

[ukaviator]

Hi 1littleduck

 

The address is:

 

HFC Bank Limited

120 Edmund Street,

Birmingham

B3 2Q2

 

If you need anymore in the future, use this link:

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31052-contact-details-banks.html

[emmaf01]

Just remember, if a DCA phones refuse to speak to them. Say you will only deal with them in writing and put the phone down. Then when they write a letter to you, send them the telephone harassment letter and what ever is appropriate- CCA or SAR.

 

Don't worry, 1littleduck- we're here to help.

[1littleduck]

Thanks again, I have sent 2 cca's today, one to HFC (MARBLES)and RBS (MINT), and recorded them both.

Will the dca call at my house, this worries me if they do. I have not had a letter from Nationwide telling me they have passed the debt on, so should i send the n/w a cca or just wait and see what happens.

[emmaf01]

If anyone threatens that, we have a letter for them, here.

 

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with 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.

 

Yours faithfully/sincerely

 

Tweak as necessary. Don't worry- even when they do threaten this, they rarely bother to turn up. It's just another threat to scare you.

[citizenB]

You could also print a copy of the above letter and keep it by the front door.. in the unlikely event that any one DOES turn up then just hand it to them and ask them to leave.

[emmaf01]

And call the police- they don't like it when you do that...

[citizenB]

And call the police- they don't like it when you do that...

 

 

Forgot to add that bit emma.. thank you

[1littleduck]

Omg, Thank you both very much. I have not been able to sleep at night worrying about them turning up on my door step,I might sleep tonight now.

Thank you again

[1littleduck]

Hi again,

CCA send to K.P.R today as they are said to be acting for Nationwide, although Nationwide have never told me they have put it in the hands of a DA. Should I also cca Nationwide or leave it.

KPR have said they are going to start legal proccedings against me, and apply for a charge to be put against my house, is this normal.

[emmaf01]

Wait until they receive your CCA request- then they are legally bound to stop everything until paperwork is produced.

 

When did KPR say they were going to start legal proceedings? Did they send you a letter- can you scan it in or just type it (minus any personal info)?

[citizenB]

Did they say "WERE" or "MAY". They have to follow procedures anyway, so your CCA request will be in before they can do very much, so I wouldnt worry at the moment.

[1littleduck]

Hi, thanks again, the letter has been attached...I think...They said that they had written to me before, but this is the only letter I have from them.

They said on the telephone yesterday, that I should increase my monthly payments to £250 per month. They never offered me a settlement figure as the letter suggested, and I told them that I have no money and have not worked for months.

They then told me that they would start legal proccedings against me in court to have a charge put against my house, so that they would get their money when the house was sold.

I told them that nationwide had not informed me they had passed this on to you, and they said that they would look into that.

The chappie was quite nice to start with, but then started to egt a bit funny saying that I had spent the money, so I should pay it back one way or another.

[emmaf01]

Don't talk to them on the phone- they will say anything to pressure you into paying. First rule of CAG- never talk to a DCA on the phone!

 

No paperwork has been produced- until it is the cannot do anything- except try to frighten you into paying on the phone.

[citizenB]

littleduck, I cant see the letter, the image is too small.

 

YOu have been advised not to speak to these guys on the phone.. it really is good advice. They are trying to frighten you and note the things they are saying to you on the phone they are not putting in writing.. because they know there are certain hoops they have to jump through before they can do anything. This way they hope to scare you into agreeing to their impossible demands.

 

If you can get that image any bigger it would be good. Try using photobucket, registration is free.

[1littleduck]

Please help... I have had a form from the county court for HFC today.

I cca'd them following a letter from their solicitors on 26th August, but as yet have not had any responce.

I dont know if they have send me a default notice, as all my letters were sent to gp, so I will phone gp on monday to see if they have issued me with one.... my gues is that they may well have, but as I was not a member of this forum then, I simply sent them all of...stupid I know!! what do i do now...

[rdm2006]

Dont panic 1LD.

 

I have just had the same thing done on me by CL Finance.

 

Read my thread and adapt your letters accordingly it will help you

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/153826-help-cl-finance-please.html

[honey5]

send them this

 

REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES.

 

Dear Sir/Madam,

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. This letter supersedes the Data Protection request made to on the **DATE**. The information must be furnished by the **DATE**, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with **CREDITOR**.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

 

special delivery, they have to comply

all the very best

honey x

[1littleduck]

Hi Honey5,

thanks for that, do I send this to the solicitors or the HFC bank direct please. if the bank should I send a copy to the solicitors.

[citizenB]

Send it to the solicitors littleduck, you can copy it to HFC if you wish, but that should be the responsibility of the solicitor.