what do i need to do

[mysterious_moon]

me and my husband have between us have made a mess of things. we have been with debt management agencies in the past but i would rather deal with it myself, because i find that after a while i don't know where we are with debts. either they get missed off when they were plainly added. some debt management agencies refuse to take debt under a certain amount. our debt ranges from about £40 to nearly £7000. there must be about between 15 and 20 debt in total. at the moment i am only paying the debts which are under a court order. i think that is about 3/4 of them. i am including a list of debts,:

GEOFFREY GOSS =HFC

FREDRICKSON INTERNATIONAL LTD=THE ROYAL BANK OF SCOTLAND

APEX CREDIT MANAGEMENT CAHOOT

CONNAUGHT COLLECTIONS UK LTD MBNA

LINK FINANCIAL LIMITED county court judgement

GEOFFREY PARKER BOURNE E.ON

WESCOT CREDIT SERVICES HSBC

LITTLEWOODS

HOLIDAY COTTAGES (WELCOME COTTAGES) county court judgement

EQUIDEBT BARCLAYS

HOWARD COHEN NEXT DIRECTORY county court judgement

SCOTCALL DEBT COLLECTING SERVICES BRITISH TELECOM

BUCHANANCLARK + WELLS TELEFONICA O2

FREDRICKSON INTERNATIONAL LTD TISCALI UK LIMITED

EAST OF ENGLAND TRADE PROTECTION SOCIETY HUGHES TV & AUDIO

MOORCROFT DEBT RECOVERY LIMITED THREE

CALL SERVE LITTLEWOODS

INTRUM JUSTITIA PAYPAL

 

i think that is all of them.

any thoughts please in what i should do next. i have tried payplan in the past but had a bad experience with. they didn't update our information when requested. and we have also been with Baines and Ernst and i stopped paying them because of the fees.

thanks for listening.

[clemma]

You can start by sending a CCA request to those that are credit cards, loans and Littlewoods. The one's with the CCJ's you MUST keep paying. This is the letter you need:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

Dear Sir/Madam

 

Re: Account no: xxxxxxxx

 

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.

 

 

 

Yours etc

 

PRINT do not sign and send them recorded delivery to whoever is currently dealing with the accounts. Send a £1 postal order not a cheque. They have 12+2 working days to respond. If you get no response, or the documents they send are unenforceable/wrong, post back here for further help.

[clemma]

Any you have for overdrafts/mobile phones you can send a SAR (which costs £10) to see if there are any charges etc., that can be claimed back. It will also show if you actually owe the money the DCA's say you do.

[mysterious_moon]

thanx for replying i will give this ago, will have to wait a couple days before i send them. need some ink in the printer lol. at least then i will feel as if i am going forward.

[andynsue]

Hi Mysterious,

Just a quick note, make sure you keep copies of everything you send in proper order because with all your different debts it may get confusing. You will want to know at exactly what stage you are at any time with each one.

Believe me it does help!

[mysterious_moon]

i kept any letters that come through. and if i write any letter i keep copies of it before i send it.

[mysterious_moon]

on tuesday the deadline will be up to for replies from some of the creditors i sent the cca requests to. What is the next step from here.

 

i had a reply from Bryan carter solicitors(RBS debt) saying that the have been instructed to take no further action against me and have closed the file. (which i have took as a positive).

 

from Robinson way (EX-HFC bank) this response: i have been to trying to contact you by phone. it may be in your best interests to ring me. ( i don't think so) and have not complied with what i asked.

 

moorcroft (cahoot) sent this:

 

I refer to your recent correspondence. we are continuing to seek to obtain a copy of the consumer credit agreement that you requested. our systems provide for reviews to be sent to our client on a regular basis and this we are continuing do. i will contact you again just as soon as the agreement has been made available to ourselves and confirm that at this stage the account had been placed on hold and that we will not seek to enforce the debt until such time as the agreement is obtained.

 

in the meantime however we believe that it may be of assistance to all parties if we also take this opportunity to ensure that any potential areas of dispute are addressed prior to any possible court action or further investigation. please could you give an indication of the information you will be providing, when giving evidence to the court or providing information to the relevant statutory authorities in relation to the alleged subject matter of the account.

 

please could you provide this information by return. we believe that this is a simple request that will assisti ensuring that all possible areas of dispute are identified as quickly as possible and potential costs and delays kept to a minimum level.

 

I am not replying to this because i haven't received the information i requested .

 

What is the next letter i should send.

 

Ellen

[clemma]

On Tuesday you can send the dispute letter to them:

 

Dear Sir/Madam

 

I DO NOT ACKNOWLEDGE ANY DEBT

 

ACCOUNT IN DISPUTE

 

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 is now in default as of **DATE**.(12+2 days after you sent the CCA request)

 

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 therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

[mysterious_moon]

thanx i did try looking for it but was getting confused

[mysterious_moon]

is that the same letter if i haven't heard from them. or do i just remove this bit:Thank you for your letter of xx/xx/xx, the contents of which have been noted.

[clemma]

is that the same letter if i haven't heard from them. or do i just remove this bit:Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

Just remove that bit

[mysterious_moon]

ok thanx will get them ready to send for tuesday

[mysterious_moon]

i have heard from tesco personal finance (bryan carter= rbs loan) with a copy of the consumer credit agreement i signed in 2005. the letter was dated yesterday, which means they are out of the 12 +2 days to reply. i thought that the letter from bryan carter was too positive. any advice about what to do.

[mysterious_moon]

i have heard from tesco personal finance (bryan carter= rbs loan) with a copy of the consumer credit agreement i signed in 2005. the letter was dated yesterday, which means they are out of the 12 +2 days to reply. i thought that the letter from bryan carter was too positive. any advice about what to do.

 

anyone?

[IdaInFife]

do you have a scanner? can you scan it and upload the alleged agreement to here using photobucket? deleting any personal details

 

ida x