allied international credit

[karens25]

i had a tesco credit card was out of work and subsequently got into a mess with the payments.. the debt was passed to allied international credit.. who having made all the usual threats.. they said they could force me to sell my home to pay off the debt.. £900?! take me to court.. send the bailiffs round..etc...all this time i was offering them what i could afford and not refusing to pay!! they finally agrred to payments of £20 per month.. i have made regular payments each month but they have started ringing me at work i have asked them not to, (my boss is my partner and doesnt know about this debt) but they persist.. are they allowed to do this?

[zootscoot]

In a word no!

 

This amounts to harrassment. Time for you to do a bit of harrassment! Do a CCA request for a copy of their agreement with Tescos. You will probably be surprised at how much they actually paid for your debt and it will give you a little more amo to negotiate with. Furthermore if they are unable to supply you with a copy of the agreement within 28 days they can not enforce the debt.

 

In your request letter you need to state that you are alarmed by the outrageous threats being made against you and could all future correspondence be written. You will find that they are unwilling to commit the unlawful threats to paper.

 

If you can remember dates, times and specific threats make a note of these telephone calls. In future if they phone just say politely but firmly that you wish all correspondence to be in writing and hang up the phone.

 

You can report their actions to the Financial Ombudsman.

 

Best of luck

[karens25]

thank you for your response, plan to make note of your words and start being in c0ntrol... and stop playing the victim!!

thanx again k x

[zootscoot]

Good for you!

 

There is a good thread on reporting harrassment on the general board you might want to have a look at.

[montyboy]

Hi

I don`t know if this will help anyone,but the Financial Ombudsman Service got me £1950.00 from Lloyds Bank for over charging. So if you are waiting for the OFT case to go to court,why wait try the Ombudsman

Good luck

Montyboy

[Dibsthefrenchie]

Just wondered how you are getting on with this company, as I have a very similar problem with them.

[Gingerbaby]

Hi

I too am now having a number of problems with this client, there first point of contact with me was last friday when they sent a text message to me asking me to call them.

 

I reponded to the text immediately and was advised that this was in relation to Lloyds TSB account and that they required an immediatre payment of over £5.5k as far as i was aware at this point the account was with BLS Collection that i have been maintaining payments with for a number of years. I dod however call BLS and they stated they had passed the account on

 

AIC - Are unwilling to set upi any form of payment plan and simply stated they will be pursuing me through court and are applying for a forced Bankruptcy - I am so scared i have 2 children and cannot bear the thought of this i was so upset after my phone call with them that i had to be sent home from work does anyone know how i could be helped they were so scary i wanted to die after ther call as it appears to be all or nothing from them

 

I was wondering if anyone could advise on how they have got on with CCA requests as a number of people have requested them are you all been pursued still and has anyone gone to court ???

[surprise]

Lloyds passed my account to AIC and I got the same threats from AIC. I sent £1.00 for a copy of the agreement which they were unable to supply. They passed the account back to Lloyds. Lloyds have confirmed that they are unable to supply the agreement as it was over six years ago. I have pointed out to them that whilst an agreement is still in force they should be able to supply it for six years after the account is closed. I also told them that they were in breach of OFT guidelines by passing the account to AIC without me being informed. Lloyds have now gone quiet on me.

 

When dealing with AIC make sure you don't speak to them on the phone and request everything in writing.

 

It is more than likely that AIC haven't got an agreement but you should request this right away, send a £1.00 po/cheque, recorded delivery. Don't put a signature on the letter.

[Gingerbaby]

Thanks for this i have posted the letter but i put a signature on it what will happen have i done something really wrong !!!!

 

AIC - Are so frightening i have nevr dealt with anyone like them i was so upset on friday i had to be sent home from work

[surprise]

No - but it has been known for signatures to be scanned onto documents. I did say to Lloyds that as their representatives they are responsible for their conduct as they had employed them. I would write to the original creditor and ask for their complaints procedure and put in an official complaint.

 

Don't let AIC get to you, just bullies. You may get calls where they ask you to ring Mr/Miss X urgently. Ignore.

 

They have 12 working days + 2 days to supply the signed agreement after which time they are in default, a further 30 days they have committed a summary offence. I would start your own thread once you have any further communications and post in the General Debt Forum you will get more help there should you need it.

 

Good luck, sit back and wait.

[Gingerbaby]

Thanks for this i have now issued the CCA letter to them and also been in contact with National Debt helpine whom have also stated to me that they have received a number of complaints from them and that i should refuse to have any further conversations with them and only wish to correspond in writing

 

They have also stated that under the guidance that debt collections aganys have to follow they are have alreday commited an number of unreasonale requests one by suggecting additional borrowing and 2 making threats and that i should consider report them to the office of fair trading

 

This company seem to have no real understanding of what they are doing so all i can do it let the battle commence!!!

 

I will lok in to starting a thread on this now to help other poor soles like me

[Dibsthefrenchie]

I would also suggest contacting Trading Standards, as Glasgow City TS do not receive many complaints about AIC, which is quite surprising.

[surprise]

I complained to Glasgow and they wouldn't deal with it, I was told to contact my local TS. Gave up at this point my local TS are a waste of space.

[Gingerbaby]

I had a similiar experience to this with the Leeds Trading Standards Office infact he stated that they were within there rights to threaten this action !!!

 

I did however have a very useful conversation with the National Debt Helpine whom advised me they are more than too familiar with AIC and there poor nature and based on the information i had supplied to them about our call he stated i was more than within my rights to report them under section 40 of the administration of Justice Act.

 

Also just to advise since my calls to them on Friday afternoon whereby they demanded the full payment by mid day on Monday i called to speak to AIC and my account manager at 9.30 Monday ( i was told he did not arrive to work until 10.30) i then called back at 10.39 ( was told he was in a meeting) They then offered me a callback at 1pm on my lunch at 1.40 i called them as i had heard nothing at all from them and was told that the person i needed to speak to was not in the office and that no one else there would be able to deal with my query, I did ask at this point if there were any notes on the system regards the action that was been taken but was told no one but the person i needed to speak to could deal which i believe to be utter hogwash considering i work for a very large company and am aware of how system information is stored

 

Since this last incident i have since sent off my CCA letter with £1 fee and now on wednesday at 14.11.07n at 11.56 have had no mopre calls so far from AIC. National Debt Helpine have advised me to enter in to no further communication with them via telephone and tell them i only wish to correspond to them in writing, I do however find it very conncerning that since they stated it was such a matter of urgency that i respond to them by Monday 12.11.07 that they have not attempted to call me again despite me leaving 3 messages !!!!

 

Does any one else have any information that may be of use dealing with these people !!! I also recently believe that TSB have done a sweep on there collections prcess as the 2 accounts my self and my partner had held with BLS Collections have both now been passed on to other agencies one been AIC and the other are simplyt called the Debt Managers not heard of his one either before so i am hoping they are not going to be as Bad as AIC !!!

 

I still find it hard to believe all this has happened as we had been paying BLS for a number of years and received a letter form them in June/July stating that the monthly repayments had been set £0.00 since that point no other references were made to this been passed on from eith Lloyds or BLS

[BECCALOU]

Hi all,

 

This is the first time I have joined the forum but was interested to see that AIC harrass people other than I. Both my experiences with them stem from Lloyds TSB. The first was an outstanding "loan" of around £23,000. This was built up over a long period of time by the bank calling, making an unrealistic demand and then "restructuring" the loan for a higher amount with a lower APR. Eventually I could not cope and they almost immediately instructed AIC who wrote demanding the full amount. Even worse they addressed a likewise letter to me at work! I work in a legal practice and all correspondence is opened by the managing partner who was needless to say concerned at their threat to obtain a charging order on the office building!

 

A few weeks ago I rang Lloyds TSB phonebank express for a balance. After 2 hours of transfers and ending up in the fraud centre no-one could tell me where my account had gone. After over 20 years I had been "deleted". All they could tell me was there was a note on screen saying "account closed 24/11" and had no idea why or by whom. The bank never wrote or called to say they had done this. My salary was returned to my employer who kindly gave me the cash and a frantic period followed whilst we opened a new account. A few days later AIC are on the phone demanding I repay immediately the £577 overdraft. I asked for an explanation of what I have mentioned above and was simply told to contact the bank if I had a complaint as this was not their concern. I have just noticed an e-mail from my receptionist asking me to call them back urgently.

[shane5408]

Hi all,

 

This is the first time I have joined the forum but was interested to see that AIC harrass people other than I. Both my experiences with them stem from Lloyds TSB. The first was an outstanding "loan" of around £23,000. This was built up over a long period of time by the bank calling, making an unrealistic demand and then "restructuring" the loan for a higher amount with a lower APR. Eventually I could not cope and they almost immediately instructed AIC who wrote demanding the full amount. Even worse they addressed a likewise letter to me at work! I work in a legal practice and all correspondence is opened by the managing partner who was needless to say concerned at their threat to obtain a charging order on the office building!

 

A few weeks ago I rang Lloyds TSB phonebank express for a balance. After 2 hours of transfers and ending up in the fraud centre no-one could tell me where my account had gone. After over 20 years I had been "deleted". All they could tell me was there was a note on screen saying "account closed 24/11" and had no idea why or by whom. The bank never wrote or called to say they had done this. My salary was returned to my employer who kindly gave me the cash and a frantic period followed whilst we opened a new account. A few days later AIC are on the phone demanding I repay immediately the £577 overdraft. I asked for an explanation of what I have mentioned above and was simply told to contact the bank if I had a complaint as this was not their concern. I have just noticed an e-mail from my receptionist asking me to call them back urgently.

Hi Beccalou,

 

Welcome to CAG.

 

How long ago did you sign the new loan agreement? banks are notorious for convincing people to do this, usually they word is as a consolidation or restructure loan because they don't have copies of the original loan document or it might be non compliant.

 

I think you need to send a S.A.R - (Subject Access Request) to LLoyds to get a fuller picture of whats going on with your account, it will also furnish you a list of penalty charges (if any) which you can then claim back.

 

Are AIC chasing you for the loan or the overdraft, or both?

 

kind regards,

shane

[Gingerbaby]

Hi There,

I completely empathise with you about AIC, They are nothin but utter bullies. The first course of action you need to take is to send a CCA request in to them otherwise you have no way of been able to establish that they own the debt as i could quite easily demand money from you. You have to allow 12 working days for this to be issued and need to also enclose £1 stat fee, Also as i have been advised do not sign the letter.

 

Once you have dine this i am afraid my freind it is all a waiting game my CCA request was on the recived by AIC on the 13th November as i sent it recorded delivery and my cheque was cashed on the 16th November they enter default with me on 29th November and come the 29th December if they have still failed to provide this information the have i believe then commited a criminal offence !!!

 

I have had no further letters from then since 16.11.07 and no calls either in the last letter i ssued the following response to there stupid claims

 

Monday, 19 November 2007

Ref XXXXXXX

I write with reference to your letter dated 13.11.2007, I am frustrated at the content of this letter to which you make the following points “Due to continued failure to contact AIC, despite numerous letters, or the failure to arrive at a satisfactory repayment solution that you are now considering court action”

I would like to now address with you the following points the first of which I received a text message from you on 09.11.07 asking me to contact your office which I then did immediately at 12.15pm as instructed I was advised over the phone that you required immediate payment of £55** I then gave you full authority to deal with my partner at this point &&&&& you then discussed the matter with her and pointed out that you intended to sue me and apply for a Bankruptcy claim as she advised you that we were unable to pay the full amount, I would also like to point out at his time we have not been provided with any evidence from you that you are looking after this case. Your only solution to us was that we contact friends and family to borrow this money as you were unprepared to enter in to any negotiations of a payment plan you then stated we had to contact you before midday on Monday to advise if we had been able to source the money through additional borrowing of family or friends (nb: this is poor collections methods as under no circumstance should this me recommended under your guidance’s on the CSA that regulates you)

On Monday 12.11.07 my partner tried to contact Mr XXXX on 3 occasions one at 9.35 and was advised he was not in the office until 10.30 she then called back at 10.39 and was advised that he was in a meeting and asked to be called at 1pm during her lunch hour at 1.40 no call had come through so a further call was made to be advised he was not in the office he has not returned any of these calls I would also like to state that at this point on Saturday 10.11.07 we received the first “card” from you about this so on Monday a letter was issued by myself and my partner asking for the CCA under the following regulations 77.—(1) The creditor under a regulated agreement for fixed sum credit, within the

prescribed period after receiving a request in writing to that effect from the debtor and

payment of a fee of one pound, 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 total sum paid under the agreement by the debtor;

**(b) the total sum which has become payable under the agreement by the debtor but

remains unpaid, and the various amounts comprised in that total sum, with the

date when each became due: and

**© the total sum which is to became payable under the agreement by the debtor,

and the various amounts comprised in that total sum, with the date, or mode of

determining the date, when each becomes due.

 

(2) If the creditor possesses insufficient information to enable him to ascertain the

amounts and dates mentioned in subsection (l) ©, 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) 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;

and

** (b) if the default continues for one month he commits an offence.

 

(5) This section does not apply to a non-commercial agreement.

I would also like to mention that the aforementioned letter to you was posted recorded delivery on the 12.11.07 and was received to your office and signed for on 13.11.07 (same date as you above letter) and that the cheque payment of £1.00 was cashed on the 16.11.07 to date the CCA has not been supplied.

After receiving this letter dated 13.11.07 my partner has again made contact with Mr XXXXX with regards the content of the letter whom was unable to provide any reason as to why he had failed to respond to the messages that had been left by partner despite been given authority to talk to her about this matter in full on 09.11.07 he merely was unable to respond he also then stated in this call that he found my wife’s attitude to be poor this coming for a company that have not done anything but make verbal threats, needless to say as Mr XXXXX was unable answer these questions he put the phone down.

Having failed to provide any evidence as outlined above I would like to mention that I am alarmed by the outrageous threats being made against you initially and only now wish to be communicated to in writing for both myself and my wife I would also like to point out that further action regards County Court Proceeding are unenforceable until a time you have supplied all the above evidence, In conclusion I would like to state that I am considering making an official complaint in relation to how you have approached this matter and I entitled to do this under the administration of justice act.

I will now await further written response from you.

I would like to add that i did call them on 17.11 regards the letter highlighted in the above text and they put the phone down on me and after this i called National Debthelpline who almost laughed at the irony that they were offended by me

 

I completely mpathise but hang in there also i had a very old account with TSB that was passed to the debt managers for collection whom followed a similar tactic to AIC a CCA request was issued to them and TSB were unable to provide this information so it has now been passed back to TSB whom i have also sent a CCA request to on 07.12.07 whom we are now at day 8 on and it has still not been supplied

[BECCALOU]

Hi Shane,

 

To be honest I cannot remember signing any papers but that does not mean to say I haven't. AIC are trying to recover both albeit they do not seem to have linked the two together at their end! What is a CCA request?

 

Regards,

 

BECCALOU

[shane5408]

Ah ok I see. It's a slim chance but is it possible the debt may be statue barred, by this I mean do you think its possible you haven't made any payments within the last 6 years?

[BECCALOU]

Oh yes, I have been making payments. I would estimate the problem began to manifest itself in the last 12/15 months. What about that CCA request. Does it have a specific wording?

[shane5408]

Ahh ok, well had to ask, you never know!

 

Your next step is to send a CCA Request as advised above, I have typed it for you below.

 

 

Dear Sir/Madam

 

I ACKNOWLEDGE NO DEBT TO YOU OR ANY COMPANY YOU PURPORT TO REPRESENT

 

Re:− Account/Reference Number

 

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

 

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

We understand a copy of our credit agreement should be supplied within 12 working days.

 

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

 

you need to enclose a payment fee of £1 best to use a postal order if you can. Also, don't sign the letter just print your name at the bottom

 

 

kind regards,

shane

[Gingerbaby]

Hi

I am now over the 12 days for the CCA request from AIC and the Debt Managers and also now at the end of the 30days whereby i believe they commit a criminal offence, Does anyone know what i ahopuld do now or do i need not take any further action until they contact me

[steven4064]

I think you should write to AIC and tell them that they have failed to comply with their obligations under s77(1) of the Consumer Credit Act 1974 and they may not enforce the debt by virtue of s77(4). Further, because they have failed to rectify this situation within the statutory period of 30 days tey have committed an offence (also under s77(4)), a fact that you will communicate to the FOS, OFT and local trading standards. You will also make it known to the court should civil proceedings be initaited by either side.

 

Tell them that you do not acknowledge any debt to them and that you now consider the matter closed.

[Gingerbaby]

Thanks or this that is great not vey good a letter writing does anyone have any good strongly worded templates i could use

[steven4064]

There isn't a template. Try this:

Your address

 

Their address

 

Date

 

Dear Sirs

 

Re: Account number XXXXXX

 

I wrote to you on date requesting a copy of the exedcuted agreement for the above account pursuant to s77(1) of the Consumer Credit Act 1974. You have failed to comply within the statutory period of 12 days.

 

Under s77(4) of the Act you may therefore not enforce the account and, further, since you have not complied within the additional statutory period of 1 calendar month, you have committed an offence under s77(4) of the Act. I intend to make this fact known to the Financial Ombudsman, the Office of Fair Trading and my local Trading Standards office. Should you commence civil proceedings against me, I will also make this known to the court as it constitutes a complete defence.

 

In the absence of an executed agreement, I acknowledge no debt to you.

 

I trust that the matter is now closed.

 

Yours sincerely

 

Gingerbaby

Print your name but do not sign the letter.