dca problems

[thomsmyth]

i need help regarding a dca!!

I have 4 defaults with tessera/fenton cooper. They expire next year. I have been paying £40 pounds to each one for i'd say about a year. I did pay a different amount before this. I received letters to say they would accept 50% of each as a final payment. So the smallest one i have with them is an overdraft (should i say was an overdraft) now standing at £407. I rang up about this and asked about a final payment. He said £350 and i said i can't afford this so i'll just keep paying what i do. He then said and he was becoming quite aggressive that the 6 month review was up and i needed to give him my budget again. I said i didn't have time and i will post him one. He told me he needed to do it now over the phone. Again I said I will post him one and said that I would prefer, when dealing with them, to do so by post. He said that was no good and that he would be bringing me to court regarding it. I said I thought he was being unreasonable and I would post him a budget- still not good enough.

What will i do now? I really can't afford anymore than what I'm paying. I earn about 1300 per month after tax but i have other outgoings?

 

Anyone able to help?

 

Can they bring me to court if i am already making fairly reasonable payments( in my opinion)

 

Should i go down the cca route?

 

cheers

 

Thom

[matsinlondon]

i need help regarding a dca!!

I have 4 defaults with tessera/fenton cooper. They expire next year. I have been paying £40 pounds to each one for i'd say about a year. I did pay a different amount before this. I received letters to say they would accept 50% of each as a final payment. So the smallest one i have with them is an overdraft (should i say was an overdraft) now standing at £407. I rang up about this and asked about a final payment. He said £350 and i said i can't afford this so i'll just keep paying what i do. He then said and he was becoming quite aggressive that the 6 month review was up and i needed to give him my budget again. I said i didn't have time and i will post him one. He told me he needed to do it now over the phone. Again I said I will post him one and said that I would prefer, when dealing with them, to do so by post. He said that was no good and that he would be bringing me to court regarding it. I said I thought he was being unreasonable and I would post him a budget- still not good enough.

What will i do now? I really can't afford anymore than what I'm paying. I earn about 1300 per month after tax but i have other outgoings?

 

Anyone able to help?

 

Can they bring me to court if i am already making fairly reasonable payments( in my opinion)

 

Should i go down the cca route?

 

cheers

 

Thom

 

Best to start your own thread but in short the guy you spoke to was on commission and the overriding principle is always to ask for more and get as much as possible. If that's all you can afford and could show a court then their taking legal action would be a waste of time - they'd get no more as a result of legal action. It's all just bluster so only pay what you can afford. Maybe you should say you can afford less now.

[thomsmyth]

cheers matt,

I'll start my own thread now but a question.

And do they have to get a review of my budget after 6 months?

[matsinlondon]

cheers matt,

I'll start my own thread now but a question.

And do they have to get a review of my budget after 6 months?

 

They can ask for anything, doesn't mean they'll get it. You only HAVE to give them what a court order you to. I certainly wouldn't give them copies of bank statements for example if I was you. This thread may give you some insight into why they ask for certain things. Bottom line if they think you're playing ball they'll accept what you say

[thomsmyth]

i need help regarding a dca!!

I have 4 defaults with tessera/fenton cooper. They expire next year. I have been paying £40 pounds to each one for i'd say about a year. I did pay a different amount before this. I received letters to say they would accept 50% of each as a final payment. So the smallest one i have with them is an overdraft (should i say was an overdraft) now standing at £407. I rang up about this and asked about a final payment. He said £350 and i said i can't afford this so i'll just keep paying what i do. He then said and he was becoming quite aggressive that the 6 month review was up and i needed to give him my budget again. I said i didn't have time and i will post him one. He told me he needed to do it now over the phone. Again I said I will post him one and said that I would prefer, when dealing with them, to do so by post. He said that was no good and that he would be bringing me to court regarding it. I said I thought he was being unreasonable and I would post him a budget- still not good enough.

What will i do now? I really can't afford anymore than what I'm paying. I earn about 1300 per month after tax but i have other outgoings?

 

Anyone able to help?

 

Can they bring me to court if i am already making fairly reasonable payments( in my opinion)

 

Should i go down the cca route?

 

cheers

 

Thom

[42man]

Are there any excessive penalty charges + 8% compounded interest that you could reclaim back...you can't send a CCA request for overdrafts unfortunately.....CCA requests are only for credit cards / loans / HP

[bazaar]

Hi Thomsmyth

You'll need to send them a SAR, which has a fee of £10, they will then have to send you everything they hold about you, ( Statements etc. )for at least the past 6 years if the account has been running this long. There are template letters on this site for you to use .

Always send the payment as a postal order and DO NOT SIGN ANYTHING. Then sit back and wait, they have 40 days to comply. Then when you get your statements, you'll be able to see whether they have added PPI, charges, late fees and so on. Then, you add this all up and probably find that they owe you money. This is probably why they are soooo keen on you settling early.

As for speaking to the two hats on the phone, tell them only in writing. They may well wish to try their hand at threatening court proceedings, but you've been paying monthly and they have up till now been happy to accept this. Probably won't look too good for em in court would it?

Good luck

[The GodMother]

407/2 = 350.

 

I wonder what calc the dca used as i dont think that is rite it would be 2oo and summing

[thomsmyth]

i know, I really do think he was trying to wind me up now. although i was quite shaken to be honest by his attitude. I going to get to know my rights better so if he does ring again today for the budget, i'll be able to warn him about his attitude- he mentioned the embarrassment of telling my boss, and also about sending people round for payment- harrassment.

This is an overdraft but only about £400(therefore 40 quid they should be happy with). Just to confirm again- they have no right to do anything by phone? It was actually me who rang them last time to ask to put the payments up so i reckon they can't do anything? surely.

if i get some cash up i will pay this as quick as poss.

the other 3 defaults i have with them are for a loan and 2 credit cards so i'm going to ask for my ccas for them.(although i wont be able to afford a final payment offer yet as they total 6000 roughly)

 

i can't get over the way he was on the phone after ive been paying so well. Hes for it now

 

Thom

[foolishgirl]

Hi Thom, you really shouldn't be talking to them on the phone - it's the golden rule of CAG If you keep it all in writing, not only does it not give them the opportunity to verbally abuse & confuse you, it means that they cannot deny or lie about any agreement etc. at a later date.

 

You need to write to them with the 'harassment' letter asap

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

 

I would also suggest asking for a statement of account & then you can determine exactly how much you really owe.

[tiglet]

Also, if it's an overdraft, have you checked to see if it consists of any unlawful charges?

 

Rob way was chasing me for my overdraft (£500) and when I SAR'd halifax I found out they owed me about £3,000 in charges!

[thomsmyth]

cheers foolish,

Yeah was thinking about sending that. Someone also mentioned somewhere about an SAR what is this? i know for overdraft i cant ask for cca (which im going to ask for, for the other 3 accounts)

So what is the difference between a satatement of account and SAR?

 

I still can't believe that boy yesterday. I going to write a complaint letter about it and also ask for a copy of the recorded conversation under data protection. Any advice on this because he's really p...d me off.

I was the one who rang them up a few months back and doubled what i was paying them.

 

losers.

 

thom

[foolishgirl]

S.A.R - (Subject Access Request) what is this?

So what is the difference between a satatement of account and SAR?

 

A statement of account is just that - payments, interest added etc. like a bank statement. A SARs gives you any info. that the company holds on you. It costs £10.00 & you can actually ask for your CCA under it but you need to specifically request it as an addition to this template:

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

... ask for a copy of the recorded conversation under data protection. Any advice on this because he's really p...d me off.

 

Prob. wasting your time & postage - they'll deny conversation ever took place, let alone have recorded copy. Forget it & keep everything in writing from now on.

 

FG

[thomsmyth]

thanks again

[andrew1]

A Subject Access Request is something which people can do under the Data Protection Act which allows you to apply for ANY and ALL documentation held by an institution on the data subject - you! It costs you £10 and you'll get everything they have on you. I got 2000 sheets of paper + from my bank.

 

Here's the link in the forum to a Subject Access Request complete it to suit:

 

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

 

Might I just say, and this applies to everyone reading, please take a little time to read around the forum in the FAQ's and the Templates library to get a feel for what you are doing. It is far better to understand what you are doing when writing these letters than just cut and pasting. It takes a little while with the vast amount found on the forum, but it saves you so much time further down the line if you have understood what and why you are sending them. Good luck..

 

Sarah

Edited October 1, 2008 by andrew1
gone ga-ga with my words!

[andrew1]

Sorry FG, I was typing slower - it's my age you see...

[thomsmyth]

one more question- Can i send this to the DCA as it is them who have bought the account? Should I also request the paperwork (can't remember the name of it now) to do with the transferral of the debt to allow them to pursue it?

Also If i'm send a complaint should I just add it to the SAR or a seperate one?

 

sorry thats 3 questions ha

 

Thom

[foolishgirl]

Sorry FG, I was typing slower - it's my age you see...

 

Just a spring chicken compared with this old cow! :grin:

[foolishgirl]

Thoms - Andrew1's advice was invaluable, read around the forum before you fire off letters but to answer your questions briefly:

 

1. The DCA has to produce the CCA if they have bought the account, the SARs request to them might only produce the info. they hold which might not be all that is held by the OC & you may have to also SAR the OC to get everything you want but the DCA is a good starting point.

 

2. Think you mean Notice of Assignment - yes, you can request a copy of this in your SARs request

 

3. If you want to make a complaint, ask for their complaints procedure info first - they have to send it to you & it may contain different addresses etc. than the contact info. you have. You can add this request to your SARs request.

[thomsmyth]

thanks,

I have been reading up on everything on here over the past week or so.

I now have an understanding

SAR is data protection

cca is Consumer credit act

 

although technically the cca is information held about you by that company so would come under the data protection.

 

I think the difference then is- if they dont have the cca (and the original bank does) then the consumer credit act comes into play in that they must obtain this from the originator?

 

I have 2 letters prepared-

1 for an end to phone calls

1 for SAR

 

Tell me if i'm wrong but would they be unjust in doing anything further if i have been making regular payments for the past 3 odd years and also that i rang them myself to double the amount i'm paying every month over a year ago. Surely it would be pointless for them to bring me to court considering i am a good payer??

[thomsmyth]

A question regarding my other accounts with this dca(2 credit cards and 1 loan) I am going to request my cca and SAR. Do I need to send £10 + £1? for each one?

[matsinlondon]

thanks,

I have been reading up on everything on here over the past week or so.

I now have an understanding

S.A.R - (Subject Access Request) is data protection

cca is Consumer credit act

 

although technically the cca is information held about you by that company so would come under the data protection.

 

I think the difference then is- if they dont have the cca (and the original bank does) then the consumer credit act comes into play in that they must obtain this from the originator?

 

I have 2 letters prepared-

1 for an end to phone calls

1 for S.A.R - (Subject Access Request)

 

Tell me if i'm wrong but would they be unjust in doing anything further if i have been making regular payments for the past 3 odd years and also that i rang them myself to double the amount i'm paying every month over a year ago. Surely it would be pointless for them to bring me to court considering i am a good payer??

 

You've got the gist of it there and that's the key to understand what you are doing. Unjust doesn't really come into it where a DCA is concerned. It's all about the bottom line - profit. You must therefore think like they do - they will only do things which will bring a return and have to be minded of cost so if they took legal action it's because they believe it will accelerate the payments and the risk of cost will be recouped.

 

Remember these decisions are made by people higher up, not an "account manager". Get into the mindset - the guy you spoke to is a low paid operative who reads from a script and is commission driven. He was probably on a daily bonus to win a new game for his Nintendo if you had helped him meet his target, and you ruined his day again... Get into that mindset and you'll undrstand the person on the end of the phone is a muppet, not as good as you. However, all that said follow the golden rule above - NEVER speak with them.

 

Also they'll deny he was rude, they'll say a tape doesn't exist or they have listened and he was not rude, you were, or he is an exemplary employee etc etc. They do not care about you, only your money.

Edited October 1, 2008 by matsinlondon

[thomsmyth]

thanks,

I didn't lose my cool which was good, but i was quite glad to hear him losing his. He was getting wuite wound up when i said i only wanted to deal by post. I don't want him to have a personal vendetta against me though.

I'm getting there though. This forum is such a good help.

Thanks everyone

 

thom

[foolishgirl]

thanks,

I don't want him to have a personal vendetta against me though.

 

 

There's nothing personal in it Thom, don't worry - you'll prob. get another muppet next time round who, as matsinlondon pointed out, will be looking for a different sweetie reward. 'Another day, another dollar' is the DCA maxim.

 

If you specifically request your CCA as part of your SAR you need only pay the £10.00.

[thomsmyth]

thanks regarding the cca and sar foolish