me & my catalogues - HELP !!!PLZZZZ

[clare77]

Hi everyone

 

dont know where to start with this one - i have 3 catalogues i have recently gone on a dmp and transferred all of these debts to the debt management company

i contacted additions & littlewoods and they would not accept my offer of payment so i have put it throu the debt management company to deal with and the payment will be alot lower.

my question is additions have charged me £200 in charges and littlewoods have charged me £720 in charges and both keep adding approx £20 per month in admin charge & interest.

can i claim admin charges & interest back

 

the balance on my littlewoods is £950 so is made up of £720 in charges just thought if they would refund my charges i would be in a better position to pay off the remainder.

 

I suffer with severe depression which doesn't help - littlewoods are ringing me approx 8 times per day between 8am & 9pm they have even done a search and got my mobile number so they are hounding me this way too now - but its a 0151 number so i cant bar it with BT.

 

can i just send a standard bank charges first letter.

also i am claiming back account cover - which i have never signed any contract or anythin with my catalogue & i have been unempolyed all the time that i have held catalogues.

 

additions have not rung me once they just keep adding the charges - littlewoods have added a default to my credit file and still keep hounding me.

 

i am willing to take this all the way - i did with my bank charges so i am doing with catalogues.

 

any advice would be very very helpful please

thankyou for reading my essay ha ha ha ha

 

clare

x

[clare77]

also please could you advise where i would get the cca request letter - i cant find it in templates

[huggy41]

here you go clare

 

Ask your creditor for a copy of your credit agreement under the Consumer Credit Act 1974

 

 

 

1 High Street,

Newtown,

Kent

R21 4RH

 

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

We look forward to hearing from you.

 

Yours faithfully

Mr A N Other

[huggy41]

sorry i can not be of much more help but i'm sure some one with more knoledge will be along shortly

[huggy41]

chuck one of these at them as well for good measure

 

amend to suit

 

Your Street

Town

City

Postcode

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

 

Dear Sirs

Harassment by telephone

 

FORMAL COMPLAINT UNDER THE CONSUMER CREDIT ACT 2006 COMPLAINTS PROCEDURE

 

Account Number:

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls.

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Please treat this also as a formal complaint, and send me a copy of your company complaints procedure.

 

Be advised that any further telephone calls from your company will be recorded.

 

Yours faithfully,

[ScabHunter]

These accounts are covered by the Consumer Credit Act 1974, so you need to send off a CCA request for each one.

 

Have a read around some of the threads. I know alfwithhair is a member of the Littlewoods fan club and has got a thread going that appears as though it will last for ever.

 

This will give you some idea of what you will be up against.

 

Finally, get away from that debt management company. All they are going to do is divert money to themselves which would be better spent elsewhere, and, if no valid agreements turn up, obstruct your legal right to put the accounts in dispute.

 

SH

[clare77]

what should i do about the debt management company as i cant afford to pay any of the debts - totalling 7000 in overdrafts, credit cards & catalogues and got in a complete mess with them the debt management company have relieved the strain for me - do you think i should write to the companies who have given me excessive charges ask for charges to be wiped then i will be in a position to clear the outstanding debt with them direct.??? - can i do this??

i think the companies may consider it as its a quicker option than waiting 10 years on dmp.

help??? - not sure what to do??

i am in my 2nd month with the debt management company (churchwood)

[ScabHunter]

Right. So you've got other problems besides the catalogues.

 

The first thing you need to do is to send a CCA request to the catalogues and the credit card companies, or, if the accounts have been passed on to debt collection agencies, you will need to send the request to them. The request needs to go to whoever has the account now.

 

As far as the overdrafts are concerned, although they are covered by the Consumer Credit Act 1974, they do not have a signed agreement in the same way. They need to be approached differently. What you need to do here is make an SAR so that you can quantify how much of the alleged debts are made up from unlawful charges. These requests need to be sent to the original creditor.

 

It sounds as though you are panicking a bit, so try to calm down. This problem is certainly not going to be solved overnight, but there will be a way forward, one way or another.

 

You have come to the right place, and will get the knowledge, help and support you need right here.

 

Take it one step at a time. For now, list your catalogues and your credit card debts, and send a CCA request off to each one. I will give you the letter in another post.

 

SH

[ScabHunter]

Here is the letter to send. Send it Special Delivery if you can afford it, or at least recorded if you can't. Enclose a £1 postal order. No cheques, and don't sign the letter. We don't want your signature to get into the wrong hands.

 

Your street

 

District

County

Postcode

 

DATE

 

 

The Bank

Street

District

County

Postcode

 

I ACKNOWLEDGE NO DEBT TO YOUR COMPANY NOR ANY COMPANY YOU PURPORT TO REPRESENT

 

Dear Sir/Madam

 

Re:− Account/Reference Number xxxxxxxxxxxxxxxxxxxxxxxxx

 

With reference to the above agreement, I require that you provide me a true copy of the credit agreement

 

I am aware that section 78(1) of the Consumer Credit Act 1974 sets out clearly what is required to comply with my request and quote “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it” For clarification I require a copy of the agreement, any terms and conditions from the time when the agreement was executed together with a copy of current terms and conditions and a copy of the cancellation notice if the agreement refers to “Your Right to Cancel” within it. I also require a statement of account as laid out also within Section 78(1).if there weren’t any terms and conditions then please confirm this in your response

 

I am entitled to receive the information on request. I enclose a payment of £1.00, which represents the fee payable under the Consumer Credit Act 1974. Please note that these funds are not to be used for any other purpose.

 

I note that section 172 outlines that statements by creditors are binding where made under inter alia section 78(1) and I take this to be that any reply made in response to this request is binding upon you. Therefore you should ensure that all documents request are supplied. Any missing documents will be considered not part of the agreement and could therefore affect the enforceability of anything you send.

 

I understand that Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 (SI 1983/1569) at regulation 2 sets out the required time frame for compliance with this request as being 12 working days from receipt

 

 

Should you fail to comply with my request as outlined above, I shall consider the account in dispute. I am aware that where a creditor fails to supply the requested information the creditors rights to enforcement are restricted until such time as they comply. I am also aware that there are certain terms that are required to be within the “Agreement” and should these terms be mis-stated or not present the agreement can be rendered unenforceable in law.

 

Notwithstanding the above, I note that the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557) at Regulation 3 allows the Signature box and signature to be omitted in a copy document but the copy document must contain all the terms off the agreement contained within the signed executed original document

 

I respectfully request that you provide a copy of the original agreement signed by myself that you hold on file and while I accept that you can omit the signature box for the purposes of compliance with my request, you will be aware that any challenge to the agreement in court would require the signed copy of the original agreement. If you still reject this, please provide clarification on the status of the Original Credit Agreement and confirm either that you hold the original signed agreement on file or a copy of it on microfliche or that you no longer hold the file

 

Also please provide details of who I may address a subject access request to under the Data Protection Act 1998 section 7 so that I may obtain a copy of the original agreement should you fail to forward a copy in respect of this request

 

Therefore I look forward to receiving this information within the time frames as indicated above

 

 

 

 

 

Yours faithfully

 

XXXXXXXXXXXX

 

 

 

SH

[clare77]

thanks for that guys - i have sent s.a.r to banks & credit cards just waiting to hear back they have until the 14th - i am familiar with bank charge process as i claimed £4000 off lloyds 2 years ago so not too worried about that its the catalogue ones and what happens with the dmp and what about the defaults shall i cancel the dmp but then i am getting all phone calls hassle etc. sorry to be a panic - i find you all so helpful and i will be donating definately.

[ScabHunter]

Take it one step at a time. If you have already sent off the SAR to the banks, that is good.

 

Now concentrate on getting the CCA request letters off to the catalogues and the credit cards.

 

Worry about the DMP later. For now, concentrate on the next step and get it done. You will feel better for it.

 

SH

[clare77]

awww you so helpful thanks for that - will keep you updated.

[clare77]

all sar requests been posted today and also sent 2nd letter to hsbc as received get stuffed letter today.

also sent s.a.r request last week to hsbc for credit card and they have sent me a list with 6 admin charges on hahahahahahahaha - sent a letter back and told them this is not what i asked for i want a list of ALL transactions on the account - they just trying to waste time. they have added £40 per month in interest for last 2 years!! ha ha

[clare77]

will keep you all updated on everything

thanks for help