A little complicated (Link, Apex, Payplan, reclaiming fees?)

[jj77]

Hi everyone,

 

there's some great advice on here, but thought i'd try a new thread to see if anyone could advise.

 

A year and a half ago, my repayments on various loans and credit cards were falling behind - all debts accrued to pay my own way through higher education over a 5-year period. Previously i'd managed to keep on top of the payments but was falling behind. I requested payment holidays for 6 months until I was back on a firmer footing, but all creditors refused. I contacted Payplan, who were fantastic in sorting out the initial agreements, and the arrangements went without a hitch.

 

Unfortunately, there seems to have been some mixup with payment dates which i wasn't informed about, which has resulted in a couple of the accounts being passed to DCAs.

 

Don't want to give too many details on a public forum - but currently there's a largish balance which has just been passed to Link. A smaller on with Apex, and much smaller ones with a couple of other creditors that are still with the original creditors. Total is about 10k.

 

I was wondering what options people would recommmend? Obviously looking through other threads on the site, there's an argument that Link and Apex have slightly shaky ground when it comes to reclaiming debts. How would following the CCA route affect the Payplan agreement? And would it be possible to claim charges back from the original creditors now these have been passed onto DCAs?

 

Sorry, know there are a lot of questions there, but thanks in advance for your help.

[cerberusalert]

It is your right to request a CCA at anytime & it has no bearing with Payplan. If there are illegal charges, yes you can claim them back.

[jj77]

Cheers, so it would make sense if i was to CCA each of my creditors (4 total), and then ask Payplan to negotiate with any that return valid agreements?

 

In the meantime, and of course after I've actually sent letters off, would it be valid to ask payplan to stop payment, ow would it be more sensible to ask them to stop after the 28 day period has elapsed?

 

I only ask as if payplan pay to Link or Apex, is it then assumed I agree to the debt?

 

Thanks

[cerberusalert]

After you have sent your requests unsigned & by recorded delivery enclosing a £1 postal order they have 12 + 2 days from receipt to comply. If they fail to do so you are legally entitled to stop paying any creditor who fails to comply.

 

When you receive your CCAs back & have determined whether they are enforcable you have various options. If they are not enforcable you can either stop payment all together or negotiate a full & final payment etc. Although they may not be legally enforcable it doesn't mean that they don't still exist & indeed even if a creditor may not be able to provide a copy of a CCA now it doesn't mean that they cannot produce one in the future.

[cerberusalert]

I only ask as if payplan pay to Link or Apex, is it then assumed I agree to the debt?

 

It doesn't matter, If they fail to produce or fail to produce a valid CCA the debt would become unenforcable.

[jj77]

Brilliant, thanks for your help. Much appreciated,

[jj77]

Entertaining letter arrived today - purporting to be from HSBC, on headed paper no less, but after a bit of digging, appears to be from link. One for the file I believe.

 

I'm being told that if a company can't provide a CCA, then a court may decide that the debt is unenforceable, whereas I was under the impression that is a company couldn't provide a CCA the debt WAS unenforceable.

 

If I was to go for both CCA for checking enforceability of debts and Subject access requests to begin the claim process for charges, would these go to the Original Creditor or the DCA? Or both?

 

Thanks in advance.

[maroondevo52]

Hi,jj77.

 

CCA to the DCA that's chasing you now.

SAR to the Origional Creditor.

 

Regards.

 

Scott.

[jj77]

Great, cheers.

[jj77]

Also, just to check (and a bit of a diversion)

 

Is there any way to uncver the details of the transaction between the original creditor and DCA, such as how much the DCA paid for the debt?

[maroondevo52]

There's no way, you would find that out. IMHO

 

Regards.

 

Scott.

[jj77]

No probs, wasn't holding out much hope there would be really...

 

Thanks though

[jj77]

All going ok so far, but haven't been able to stop Link adding data to my credit reference file.

 

Just got this letter though, appears to be full of nonsense, but just wanted to make sure. Hope someone can tell me if it is rubbish. (Link are now about 3 months post-default on the CCA request)

 

Dear XXX

 

Unfortunately at this time we are unable to supply a copy of your (CCA) agreement however the FOS have made it clear that in situations such as this it is not unreasonable for us to continue reporting a default if it is an accurate reflection of how the account has been paid. The ICO have also made it clear that if a default on a credit file 'accurately reflects the payments on the account' then the fourth principle of the Data Protection Act 1998 has been complied with, and therefore the continuation of reportting the account is acceptable.

 

The Information Commisionner's Office state "...The failure of a creditor to produce a copy of the signed credit agreement is not, on its own, evidence that your debt does not exist or that it is not enforceable, and should therefore not appear of your credit file. If the credit grantor can supply other evidence of the agreement, and you have no evidence to contradcit this then it is likely to be proper for the debt to be recorded on your credit reference file."

 

Therefore if an agreement is not available it does not mean the account is unenforceable and should be deleted from your credit file. The payments you have made towards your account are proof that an agreement exists(?) . Please fill in and return the personal budget plan, which has been sent to you separately so an affordable repayment plan can be organised.

 

End

[cerberusalert]

Basically no CCA = no enforceable debt. It is true they can trash your credit file for six years from the date of the default but as for "payments you have made towards your account are proof that an agreement exists" that is total bollox & in fact they are trying to mislead you which is against OFT guidelines, so they should be reported for that.

 

They know they have an unenforceable agreement on their hands so ignore them. If they continue to pursue make another complaint to the OFT.

[jj77]

Thanks, that's great

 

re: the previous payments, if i'm sending a reply to Link, could someone advise how I should tackle this?

 

Cheers

[cerberusalert]

Send the morons this;

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[jj77]

Superb, thanks. They've had similar in the past and are still trying it on. I'll send it again though!

 

Cheers again