Debt collection hell, need advice & someone to talk to...

[42man]

This thread might help you here Perni....don't worry it took me ages to work it out !!!

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/161226-credit-cards-dcas-2.html

[42man]

My first advice would be to reclaim all the excessive charges + 8% compounded interest Perni.....is the debt for a bank account ? or a loan ? or credit card ?

[42man]

I was under the impression that interest couldn't be added to the account, I had seen several posts bt PT2357 on this...i'll see if I can find it...

[42man]

With regard to the interest read this....

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/154093-help-please-claim-form-2.html

[42man]

OK keep sending the £10 per month as agreed by the court.....in the meantime I would send a Subject Access Request to Lloyds so you can reclaim all the excessive charges + 8% compounded interest....

 

Unfortunately the SAR will cost £10 (send it by recorded) FAO - The Data Compliance Manager at their head office, they have to send this to you in 40 days...., by doing this you will have started the penalty charge reclaim process....

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, 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. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. 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 ORIGINAL CREDITOR.

4. 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.

5. 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).

6. Details of any collection charges 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.

7. 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.

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

9. 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.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

print but don't sign your name

[42man]

Keep paying the £10 to DLC, they can't take it back to court (although they might try)....as it already has judgment on it....if you fail to pay then they could add a charge on the house.....

[42man]

Have you sent the SAR request as mentioned in post 15 above ?

[42man]

You could write this to DLC....

 

Dear sir / madam

 

I note your recent letter indicating that I have failed to make payments. As you know, this debt was the subject of a judgment which ordered me to make payments of £10 a month which I have never failed to pay. However as there are a substantial amount of excessive penalty charges that have been added to the account, I am currently in the process of reclaiming these. However as you own the debt it may be that I am owed more than I actually owe you.

 

I would welcome the opportunity of showing the order to a judge in the future along with the raft of excessive charges that have been added to the account, and when questioned on costs, I will have no hesitation in showing this letter along with the previous court order to the judge.

 

I am also contemplating getting the original judgment set aside.

 

yours sincerely

[42man]

For all credit loans / and credit card debts (NOT business cards or loans or overdrafts / bank accounts) I would also send a CCA request out....which you can read about here and why it is relevant...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/164270-debt-wescot-lowell-unsecured.html

[42man]

Yes edit it to suit Perni...

[42man]

Perniktree....can you update your thread please with your new info...

 

Many thanks...

[42man]

Keep sending the payment to them, then you are continuing with the CCJ.....however I would still send the SAR to the original lender to reclaim the excessive charges....

[42man]

Judgment has already been granted on this, if they took it back to court, then it would be an unlawful and vexatious action, as you have not erred from your previous CCJ...!!

[42man]

Good advice Foxy and TY.....as this debt has already been to court it is unlawful to take it back to court again, and I would hope that you would defend any potentital action, they may be trying to scare you into paying....keep paying the £10 as per court order, and keep all your paperwork safely...

 

Do you still have a record of the judgment ?

 

In my opinion, you shouldn't have to verify all these things, if Lloyds are going to throw this around then they should provide the DCA with all the relevant paperwork. In fact as they have judgment on this, i'm surprised they have sold it on....

 

In fact it might even be worth, sending that SAR out to Lloyds...