Ruthbridge

[kentguy76]

I had a call from these people yesterday saying that I owed them £2057 and has got me worried. I fell onto hard times and couldnt afford to pay the debt. I last made a payment in 2003/4. The guy on the phone said if I dont come to an agreement they will start bankcruptcy proceedings against me on friday. What can I do?

[maroondevo52]

Hi,

 

What sort of debt was it ?

 

Regards.

 

Scott.

[kentguy76]

they said it was egg, so maybe a credit card

[maroondevo52]

Hi,

 

Ask for your CCA, letter 'N' in the library..........

 

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

 

Send it with a £1 postal order and send it recorded.

Also don't sign the letter.

 

Are there any charges you could reclaim ?

 

Regards.

 

Scott.

[kentguy76]

Should I email them my intent and tell them to keep all contact in writing?

[Nottsdave]

Hi

 

Do as Maroondevo says send the letter.

 

Nothing else just send the letter for starters.

 

Notts

[kentguy76]

ok will do. thanks guys

[rory32]

The guy on the phone said if I dont come to an agreement they will start bankcruptcy proceedings against me on friday.

This is simply a scare tactic. They will tell you any old rubbish over the phone that they would not dare put in writing. It's standard practice for them to threaten everything from bankruptcy to selling the family pets. From now on keep all communication in writing only - do not enter into conversations with them if they phone you.

 

I would also add that if it is an Egg credit card agreement it is highly likely that it is legally unenforceable.

 

DCA's have no legal powers whatsoever and you should treat this bunch with the contempt that they deserve. You require no academic qualifications to work for a DCA (although you do appear to require certain personality traits).

[pmhcfc]

they said it was egg, so maybe a credit card

 

These muppets are the worst - and they only ever seem to get involved when a debt is statute barred. Don't speak to them on the phone again - not ever!

 

Send the CCA - as and when they comply to it, then a SAR will be next - to see if there are any charges to reclaim - then you can go from there...in the meantime the debt may become statute barred if it isn't already.

 

Might be an idea to add to the CCA request that the payment enclosed is not to be used as payment toward any alleged debt.

[kentguy76]

what if they can provide me with the details from the CCA request. What do I do next?

[maroondevo52]

what if they can provide me with the details from the CCA request. What do I do next?

 

Post it up on this thread, so people can have a look

Remember to omit all personal details

 

Regards.

 

Scott.

[42man]

Hi Kg.....any further developments on this ? they never usually respond to any letters you send.....and will continue with their threats, If you haven't made a payment for 6 years (or acknowledged the debt in 6 years) then it will be statute barred...did they respond to your request for an agreement ? if they haven't supplied the agreement after 12+2 working days of your original request then this is the next letter to send (recorded) EDIT to suit...

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[kentguy76]

Is there anyway of finding out if debt is statue barred and what steps i need to take to clean up/remove them from my credit file.

3 out of the 4 creditors have failed to supply me with a cca which I asked for and the one that did took 6 weeks in doing so.

 

Any advice would be handy

 

 

Thanks

[maroondevo52]

Hi,

 

You'd have to find out when the last payment was made, sending a SAR to the Origional Creditor, should sort that out, unless you've been paying a DCA.

 

Regards.

 

Scott.