2 Agencies Chasing Same Debt?

[Timewitch]

Hi

 

Any advise you can give me is appreciated.

 

I am being chased for the same debt by 2 different agencies. The amount is for £3,500 owed to Halifax/RBOS

 

One agency 1st Credit is chasing for Halifax and the other Apex is chasing for RBOS.

 

They have both send a couple of letters. I have not yet contacted either agency but am unsure what to do especially as the amounts with each agency differ by £200!!??

 

Any advice? I have read that 1st Credit are nasty to deal with. SHould I phone them and say I am sorting out an arrangement with Apex?

 

Thanks for your help.

 

TWx

[meols cop]

Some confusion here. Halifax is merged with Bank of Scotland to form H.B.O.S. The Royal Bank of Scotland is a completley different bank they own Nat West

[42man]

Do you know what the debt is for ? credit cards ? loan ? overdraft ?

[Timewitch]

Hi

 

Its for a credit card debt. It was an Amazon credit card run by Halifax I think. It was taken out a few years ago.

 

I am not sure what I should do about this situation. Who should I deal with. I know when I split from my partner the debt was a lot lower than this. That was 2 years ago so I guess the rest is interest/charges. I kind of lost track of the account when I left. Its a shame they didn't lose track of me

 

TW

[PGH7447]

OK I would in the first instance CCA 1st Credit, do NOT Phone them.

 

this costs £1 and can be found here

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Template N

 

they have 12+2 days to comply

 

I would also SAR Halifax for all your statements to see what charges etc have been added

 

this costs £10 and can be found here

 

Subject Access Request - Consumer Wiki

 

they have 40 days to comply

 

I would ignore apex for now, but if they get heavy just write to them a state that this alledged debt is being dealt with by 1st crapit

[42man]

Good advice from PGH above.....

 

The reason you send a CCA (Consumer Credit Agreement) request is that under the Consumer Credit Act 1974, if they can't provide it within 12+2 working days then they are in default of your request, and therefore the debt is unenforceable by virtue of a government statute....read this below, especially the underlined piece...

 

Consumer Credit (Prescribed Periods for Giving Information) Regulations

1983 (SI 1983/1569)

2 Prescribed period

The period of 12 working days is hereby prescribed for the purposes of each provision of the Act specified in Column 1

of the Schedule to these Regulations relating to the duty indicated in Column 2 in relation to regulated agreements

 

 

SCHEDULE

SECTIONS OF THE ACT IN RESPECT OF WHICH A PERIOD OF 12 WORKING DAYS IS PRESCRIBED RELATING TO DUTIES IN

RELATION TO REGULATED AGREEMENTS

Regulation 2

Section of the

Act

Duty

(1) (2)

77(1) Duty to give information to debtor under fixed-sum credit agreement.

78(1) Duty to give information to debtor under running-account credit agreement.

79(1) Duty to give information to hirer under consumer hire agreement.

and section 78 for running credit

 

 

78.

Duty to give information to debtor under running-account credit agreement.

— (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 [F1 £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,—

(a)

the state of the account, and

 

(b)

the amount, if any currently payable under the agreement by the debtor to the creditor, and

 

©

the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

 

(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)©, he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

 

(3) Subsection (1) does not apply to—

(a)

an agreement under which no sum is, or will or may become, payable by the debtor, or

 

(b)

a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

 

 

(4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—

(a)

showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

 

(b)

where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.

 

 

(5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

 

(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

 

(7) This section does not apply to a non-commercial agreement, and subsections (4) and (5) do not apply to a small agreement

[Timewitch]

Thanks ever so much. I will do it now! Just a few questions...

 

If they send the CCA outside of the time allowed can it then be enforced?

 

What items make up the full CCA is it jus the signed terms and conditions? I have read on this forum that there may need to be more than that?

 

Any reason why you have suggested I deal with 1st rather than Apex?

 

Thanks again for your help. These forums are such a comfort and have stopped me from panicking!

 

TW

[PGH7447]

Thanks ever so much. I will do it now! Just a few questions...

 

If they send the CCA outside of the time allowed can it then be enforced? Yes as long as it is properly executed with all the prescribed conditions and T+C's

 

What items make up the full CCA is it jus the signed terms and conditions? I have read on this forum that there may need to be more than that? see above, there is a thread in the sticky's that details the exact conditions you should be aware of

 

Any reason why you have suggested I deal with 1st rather than Apex? No not really just that they represent Halicrap, which is who gave you the card before HBOS came on the scene

 

Thanks again for your help. These forums are such a comfort and have stopped me from panicking! GOOD

 

TW

 

Good luck keep us posted on developments

[Timewitch]

Thanks again for your speedy response.