Aic

[Fred Bassett]

Ok here's the next theoretical question. What would happed if AIC had bought the debt from Lloyds and couldn't provide a CCA and would I still owe the full amount or the amount the DCA purchased it for? Lots and lots of questions....

 

Joolzy, you'd still owe the full amount, but it would be easier to negotiate a reduced settlement if that's what you chose to do.

 

Personally, I would wait and see what happens. If they can't provide a CCA, you've got them by the short and curlies and you can run the show from now on.

 

Regards.

 

Fred

[Desperate Daniella]

Hi Joolzy,

 

I agree totally with what Fred says above, but once AIC hand it back (as they usually do if anyone dares to stand up to them) you will see that the 'debt' drops down to the original figure. Do keep the text because you may be able to report them for breaching data protection laws and if you can get in touch with the people whose details they sent you they could have a field day!!

[Guest INSOLVENCYMAN1]

Hi Joolzy, im an insolvency practitioner, firstly why are you requesting the original agreement? and have you made any offer of repayment?

[Desperate Daniella]

Hi Insolvencyman1,

 

Like most of us here, Joolzy would like to see her original agreement to see what she actually allegedly signed up to. I have at least one agreement where what was quoted originally as the APR is very different to the APR actually used.

 

It is our right under CCA 1974 to see our agreements. If companies are refusing to supply the copies of these agreements it may well be because they are aware that they are flawed.

 

When we get our copies of our original agreements we can see if we owe anything - or if we have been overcharged.

 

DD

[joolzy]

Hi Insolvency man, please see above as to the explanation for the cca. I have offered a payment plan (including income and expenditure etc) firstly to Lloyds and then eventually to AIC all of which have been ignored. I have made every effort to try and get this flipping debt paid off but I just keep getting passed from one agency to another and i've had enough now and am fighting back.

JK

[Guest INSOLVENCYMAN1]

Well Joolzy, i have loads of experience on this field, firstly there is a lot of information or so called advice that is out of date, ie the CCA1974 is vastly different to the CCA2006 so be careful what advice you take from this site as quite a lot seems to be uneducated or simply copied from other people, a bit like chinese whispers, some is good advice some is complete rubbish. I have clients that have had dealings with Allied International Credit in the past, here is some information you will need to know, AIC will not take you to court... the are NOT solicitors however they do have solicitors that they will pass your account to, if memory serve me right they use HG Legal services (but dont quote me on that as may DCA's have more than 1 firm working for them)

LLOYDS's solicitors are Sachari Clark and Mitchell, AIC might even just advise LLOYDS to use them if they feel court action is the way forward.

 

I notice you owe £13k, this is a sizable sum, so i doubt that either Lloyds or AIC will let this go lightly, i would strongly recommend that you contact either the Credit Consumer Counseling Service or Payplan.

I would advise to call either of the above as soon as possible before you end up getting a statutory demand, if you do happen to get a Statutory Demand you will only have 18 days to appeal against it.

 

Hope this is of some help

Edited May 20, 2009 by INSOLVENCYMAN1

[payback68]

Subbing to this one having dealt with AIC.

[Desperate Daniella]

There are solicitors who help on this site, and others who have a lot of knowledge which has helped a considerable number of people WIN court cases against creditors who cannot provide credit agreements which are compliant with CCA 1974. For a new poster to describe others on this site as "uneducated" is downright rude.

 

Why are you on this site anyway, Insolvencyman? Are you touting for business, or do you have friends at AIC? I notice the only other thread you have posted on is another AIC thread.

 

Your references to solicitors used by Lloyds and AIC, and your "doubt that Lloyds or AIC will let this go lightly" are designed to frighten Joolzy and other people reading this thread.

 

Your kind of "help" is not what CAG is about.

 

And AIC are probably the worst form of pondlife out there. They tell downright lies, threaten, frighten and intimidate. Do you work there?

[itstheone]

oh my! insolvencyman1, i think you been rumbled. Contact cccs or payplan? aren't they on the side of the cc companies? My mate had aic chasing him and they turned out to be all bluster and no trousers, he totally ignored them and they went away.

[Desperate Daniella]

Absolutely right, itstheone.

 

Unfortunately, not everyone is as strong as your mate and there are people out there who aren't on CAG who are being terrified to death by AIC. They nearly drove me to suicide by their threats and intimidation. I am completely serious about this. I thank God that I discovered CAG - people on this site literally do save lives. Now I would know how to handle AIC, but last year I didn't and they had me sobbing and begging down the phone, and I bet they were loving every minute of it. Total pondlife, as I said above.

 

Daniella

[twofoot]

I suggest you ignore this insolvency geezer. He is obviously from the other side. You will get sound advice on here so don't be worried by him.

F(EDIT) empty head wants shooting. Maybe this is the DCA's latest tactic, to cause confusion and worry people.

Edited May 22, 2009 by freakyleaky
language

[itstheone]

Too true

 

@DD

My mate wasn't strong he just had a real 'head in the sand' 18 months. So much so that one of the dca got a ccj and CO against him before he knew what had happened. They rushed it to court so fast they must have known the cca wasn't enforcable.

In fact we cca'd them in february this year and it still hasn't turned up.

[2Grumpy]

Yes CCA 2006 is vastly different to CCA1974. Fortunately credit taken out before CCA2006 came into affect is covered by CCA 1974, not CCA2006.

 

Unless AIC have bought the debt, they can't take you to court, only Lloyds can. Lloyds won't have sold the debt yet.

 

I smell a troll and I want to change my name to big billy goat gruff

 

However, CCCS or Payplan may be useful if they cough up the CCA

 

Grumpy (who would rather be a goat than a dwarf this morning. - what was I on last night?)

[Bill Shidding]

Hi all

Having been "driven" to this site myself, the Op has my sympathies. Regardless of which DCA is "trying to negotiate" with you, they are all the same, and each should be dealt with equal contempt. Unless you have the temerity / knowlegde to face these people on the phone, you are severly disadvantaged (AND THEY KNOW IT). This is why a lot of the DCA employees are young, nieve and hungry for their bonus, therefore indifferent to causing distress.

My best advice is to read, learn and prepare. You may have to make a well informed and balanced decision at some stage.

 

Yes CCA 2006 is vastly different to CCA1974

 

Technically, CCA2006 is CCA1974.

The newish CCA2006 is a large amendment to CCA1974 (IMHO to favour our struggling lenders).

 

 

AIC will not take you to court

 

Correct, they probably wont. They dont OWN the alleged debt, if they are asking you to pay them directly, ask for the NOA as well.

 

Bill

[Guest INSOLVENCYMAN1]

Right ok, well firstly... and this one goes out to you Desperate Dan.

I am not on the "other side" as i have been accused, however i will admit that I may or may not have worked sub contract with Payplan in the past! but without prejudice i also gave advice to call CCCS, they will both do the same service and free of charge. Also as i feel i must address the issue of doing this for my own financial gain, Joolzy i believe you have been refused for an IVA, so how exactly could i benefit from trying to put her through another one! Also until next year i wont be qualified in DRO's, so as you can see i have nothing to gain.

 

The reason for my last post is because, correct me if im wrong, but Joolzy seems like the kind of person that just wants to pay her debt hassle free over a period of months, but every one else on this site seems to be trying to convince her to try and get the debt written off etc etc.

 

JOOLZY Take note of this next part cause it might just help you.

THIS IS COPYIED AND PASTED FROM 'DEBT MANAGEMENT TODAY'

 

"Judges have taken a “landmark” decision to put on hold over 100,000 claims from borrowers trying to write-off their credit card and loan debts.

 

At a hearing last week at Chester Country Court, Judge Derek Halbert announced the decision to freeze all cases pending the outcome of a few “carefully” chosen test cases.

 

Borrowers will now have to continue to repay their loans until the judiciary system decides how to manage the huge volume of cases that have been brought in front of judges in recent months.

 

The claims management sector has grown substantially since the onset of the recession, with indebted borrowers being told they can get their debt written off due to loopholes in the law. However, this ruling will deliver a significant blow to the increasing number of claims management firms.

 

Daniella Lipszyc, a solicitor with law firm Ultimate Law has welcomed the move, saying: “After a number of early wins, many claims management companies have jumped on the band wagon, promising desperate consumers that they can write off credit card balances.

 

“In reality, cases have simply ground to a halt as banks and lenders up their game and become more clued up on the Consumer Credit Act and subsidiary legislation. It’s now extremely inappropriate and misleading for any company to promise to write off balances in light of this judicial move.”

 

Controversial claims management companies have already reacted to the ruling, with some firms hastily withdrawing from the market.

 

One claims management company, Credit Wise, has already announced that it is leaving the Consumer Credit Agreement claims market, in order to focus on the safer activities of handling Payment Protection Insurance misselling claims.

 

A spokesman for Credit Wise commented: “The Courts are reviewing the manner in which they treat these claims and we do not feel it is appropriate for us to promote these products any further.”

 

The group added that it expected other companies to follow their lead in the coming months."

 

 

 

 

 

 

So as you can see my advice to Joolzy was very appropriate and here is why>>>

 

1. if you creditors take you to court your agreement will be set aside until l the test case is resolved and you will be ordered to continue repayments.

 

2. If the judges rule in favor of the consumer after the test case's (this might be years!! (think how long the bank charges scenario has gone on for!!) then that will mean almost every agreement ever made pre 2006 will be unenforceable, this will end up in the liquidation of every major lender in the UK established before 2006/7!!! this isn't going to happen!

 

Also before shooting me down, all i said was that SOME advice given was rubbish, not all, Desperate Dan you have given good advice, the advice in question that i was talking about was the clown that advised "if AIC take you to court it will cost them money" ehhh no it wont.

 

Hope this clears a few things up.

 

Cheers.

[Bill Shidding]

Hi Insolvencyman

 

if AIC take you to court it will cost them money" ehhh no it wont.

 

Are you suggesting AIC don't have to pay court fees?

[smouk]

So as you can see my advice to Joolzy was very appropriate and here is why>>>

 

1. if you creditors take you to court your agreement will be set aside until l the test case is resolved and you will be ordered to continue repayments.

 

2. If the judges rule in favor of the consumer after the test case's (this might be years!! (think how long the bank charges scenario has gone on for!!) then that will mean almost every agreement ever made pre 2006 will be unenforceable, this will end up in the liquidation of every major lender in the UK established before 2006/7!!! this isn't going to happen!

See coverage of this subject elsewhere within the bounds of CAG. Keep the storm in the teacup, it looks a little gassy if you let it out.

....the advice in question that i was talking about was the clown that advised "if AIC take you to court it will cost them money" ehhh no it wont.

Oh yes it will.

[Bill Shidding]

Snap SMOUK

[smouk]

[harrassed senior]

Not wishing to 'butt in' but I thought the above was directed at the dirth of companies that have sprung up taking peoples' money and promising them they would get rid of their debts.

 

I believe there is another thread on this very subject, showing other media material which goes on to show that this is very much directed at the commercial debt marketeers and not individuals.

[Guest INSOLVENCYMAN1]

Bill, As stated.... i think by yourself... AIC don't own the debt... so no it wont cost them a penny!

if you are taken to court by the lender and they achieve a judgment against you then you will be liable not the lender.

if the creditor applied for a statutory demand it would however cost £1500.

 

Anything else you want to know Bill?

[smouk]

....the advice in question that i was talking about was the clown that advised "if AIC take you to court it will cost them money" ehhh no it wont.

 

If AIC don't own the debt then they won't take it to court.

 

...if you are taken to court by the lender and IF the achieve a judgment against you then you will be liable not the lender.

 

Such a genius, we are surely honoured.

[Bill Shidding]

Hi Insolvencyman.

 

If AIC dont own the debt, they wont be issuing proceedings. I see. So there is no legal entitlement conferred on the debtor to pay AIC anyway.

 

I wish you luck in your chosen career. I can tell you have the perfect attitude to be very successful.

 

Bill

[Guest INSOLVENCYMAN1]

Smouk, You seem to want to butt in at every opportunity here. in my 2nd to last post would you not agree with any points raised?

 

Also humour me and tell me what you do for a living? and hows your credit rating going? worried about the future? ha ha im beginning to enjoy this

[Guest INSOLVENCYMAN1]

Bill same questions to you, i bet you struggle to get a tescos club card!