What now? - AA credit card

[whatamess]

Hi

Has anyone had any dealings with the AA? I have had a copy of my CCA, which turns out to be enforcable so I have written to them to offer a reduced payment of which i can afford, I paid this last week even though they didnt reply to my letter, they cashed the cheque, but they do not stop calling me, I have sent them a phone call harrasment letter and believe its still thier right to call. This morning i got a letter telling me i have been charge a defult sum does this now mean i have a default on my credit file?

 

Where do i go from here, they are ignoring my letters, with the offer of reduced payments just not too sure what i need to do now, i will still pay the payments each month to them but not sure why they are not responding.

 

Thanks

[Bazooka Boo]

Hi

This morning i got a letter telling me i have been charge a default sum does this now mean i have a default on my credit file?

 

IMHO if you are paying them a reduced amount and they are cashing the cheques then they would be very foolish to take any legal action against you as you are already paying them an amount which you can afford, and a judge is very unlikely to make see in their favour and make you pay more :-|

 

If your worried about your credit file then you can access it for free on the 'annual credit report' you don't need to enter any of your credit card or bank details, this will show you who or what is on your file and if there is anything on there that might be adversely affecting it.

 

Have all the letters you have sent to them been recorded delivery? If so use their complaints procedure to the full until you either receive a satisfactory response and outcome, or it runs its course and ends up in an Alternative Dispute Resolution (ADR)

Write to them again 'telling' them that everything must be in writing and you will not enter into any future phone conversations with them or any of their partners acting on their behalf, all of your calls are recorded and a log of the harassment is being compiled.

If they are still ringing you, why are you still talking to them? You have already sent them the telephone harassment letter but that won't hold any water because your entering into a conversation every time they ring. In future once you realise it's them all you have to say is 'everything in writing' 'everything in writing' and just keep repeating that until they get the message and put the phone down or you get bored and put the phone down.

Take a look at the Protection from Harassment Act 1997

Which clearly states:

(1) A person must not pursue a course of conduct—

(a) which amounts to harassment of another, and

(b) which he knows or ought to know amounts to harassment of the other.

(2) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

(3) Subsection (1) does not apply to a course of conduct if the person who pursued it shows—

(a) that it was pursued for the purpose of preventing or detecting crime,

(b) that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or

© that in the particular circumstances the pursuit of the course of conduct was reasonable.

 

 

And again under the Telecommunications Act 1984 it clearly defines the offence of harassment under that act:

[F1 43. Improper use of public telecommunication system.

— (1) A person who— (a)

sends, by means of a public telecommunication system, a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or

 

(b)

sends by those means, for the purpose of causing annoyance, inconvenience or needless anxiety to another, a message that he knows to be false or persistently makes use for that purpose of a public telecommunication system,

 

 

shall be guilty of an offence and liable on summary conviction to [F2 imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both].

 

The fact that the AA have chosen to ignore your request is liable to add weight in your defence if they were to ever go down the legal route!

 

It definitely is not their right to continue harassing you, you need to stop talking to them over the phone, they'll soon get the message, I would imagine the default sum would be the same as banks charging 30 quid for being 5p overdrawn?

Until they send it to you in writing it is hard to say, but if it is because you are not paying them the initial agreed monthly amount then I would think it is a charge because of this? And as with the banks it may be able to claim this amount back if it is not in proportion to the claimed 'administration'.

 

Start the ball rolling with a formal complaint, then when you receive the first response, which will undoubtedly be the standard template response to all complaints, complain again higher up the chain using their complaints procedure.

[whatamess]

Thanks so much Bazooka Boo for replying to my post. I stopped answering their calls about 2 months ago when i sent them the harrasment letter and i also changed my home phone number, they still call my mobile but luckily can see who it is calling so i just reject the call.

also all letters are sent recorded and have dates that they have recieved all of my letters.

 

I have checked my credit file and i do not have a defult on there only how many missed payments.

 

Do you think its likely they will go down the DCA route?

 

Thanks

[Bazooka Boo]

My concern would be that as you are paying a reduced amount, which they haven't agreed to, they will charge you for this aswell as adding interest.

I would doubt that they would entertain a DCA at the moment as you are paying something toward the debt? Is it a Loan? Car insurance? Credit card?

 

If you have evidence ie. the letters you sent them asking for them to accept a reduced amount, and they have failed to respond to those then I can only suggest having a look at the template letters here and choose one that best suits your situation, maybe letter C for starters, any other suggestion from anyone?

[whatamess]

Thanks again for your advise, Its a loan that i have with them, I am hoping that they will not take it to a DCA as in the future im hoping my situation will change and can start paying again, lets face it if they do take it to a DCA i wont be able to pay them any more then im already paying.

 

I will see if they keep badgering me if so i will send them another letter.

 

Thanks

[whatamess]

Hi

 

This morning i recieved a letter from them saying they are dissapointed that i have ignored there letters and calls, and are wondering if i have any intentions of paying back the debt. If i dont pay within 10 days they are putting a defult on my credit file. Im so stressed out with them they have ignored all my letters and my letter for reduced payments and i have also paid the first installment, i know i should complain to the complaints dept, but i dont feel i have time to do this now. Do you know what letter i can send them to them to ask why they are ignoring me.

 

Thanks

[Bazooka Boo]

This morning i received a letter from them saying they are disappointed that i have ignored there letters and calls, If i don't pay within 10 days they are putting a default on my credit file.

 

If they are ignoring you go to your local CAB take all of the receipts/delivery confirmation for all of the letters you sent recorded delivery, with a copy of the letters you sent to the AA.

They will be able to ring them up and ask them what do they think they are playing at! If they refuse to talk to the CAB then this is another breach of OFT guidelines, but cross that bridge 'if' you come to it.

 

There is a hardship letter you can send them which you can find here clearly it will help you greatly if you can walk into the CAB with an Income and Expenditure (I&E) list already worked out.

Not only can they see that you are unable to keep up with the agreed repayments but it is a reminder for you also.

 

i know i should complain to the complaints dept, but i don't feel i have time to do this now.

Your kidding me, of course you have time, you cannot do more than you have done, you have informed them that you are unable to meet the agreed payments, which they chose to ignore, you then told them what you could comfortably afford to pay instead, which they chose to ignore again, and, hopefully, you are paying 'something' toward the amount outstanding?

 

Do you know what letter i can send them to ask why they are ignoring me.

Have you a copy of their complaints procedure?

Did you take out their 'Credit Care'? Or any of their PPI?

They are regulated under the Financial Services Authority (FSA) and might, might respond if you write to them making a formal complaint that if they do not respond within five working days you will inform the OFT of the complaint and manner in which they treat customers.

AA Complaints Procedure.

That link will take you to their site and their 'complaints procedure'

'If you have a complaint, we really want to hear from you. We welcome your comments, as they give us the opportunity to put things right and improve AA service. We want to deal with your concerns as quickly as possible, so we've set up a three-step procedure to resolve your complaints'.

 

'Step 1: Let your usual point of contact know We need to know the nature of your complaint and how you think the problem should be resolved. You can do this by using the contact details in your Terms and Conditions or Policy document to contact us by telephone, post, fax or email.

We will try and resolve any complaint by the end of the next business day. If we are not able to do this we will write to you within five working days to either:

 

• tell you what we have done to resolve the problem, or
  
• acknowledge your complaint and let you know when you can expect a full response. We will also let you know how to contact the person or team dealing with your case.
  

If our investigations take longer, we will either provide a full response within four weeks, or give you an explanation of the AA's position, with timescales for a full response.

If at any stage you are still not happy for any reason, then this is what you need to do next:

 

Step 2: Follow up with our Customer Support teams

Loans

• for Regulated Issues (relating to payment protection insurance), phone: Customer Services on 0845 606 1651
  
• write to: Customer Care, 4th Floor, Premier House, City Road, Chester CH88 3AN
  

As it states on their site at the bottom,If you are still not satisfied with our final response or after eight weeks, then for some AA products (check the Terms and Conditions or Policy for details, or ask Customer Support), you can contact the Financial Ombudsman Service. The Financial Ombudsman Service will review your complaint, if for any reason you are still dissatisfied. The Financial Ombudsman will only consider your complaint once you have tried to resolve it with us. They can be contacted at: Insurance Division

Financial Ombudsman Service

South Quay Plaza

183 Marsh Wall

London E14 9SR

Telephone 0845 080 1800

Email [email protected]

 

 

However, as they seem to be ignoring you they give you no alternative really!

Try the CAB first, ask their opinion on what would be the best course of action to take, but first the AA needs to enter into some sort of dialogue with you, then you can always complain about them to the relevant agencies in your own time.

[whatamess]

Thanks again for your speedy response, I will write to the complaints department tomorrow see what response I get.

 

Can they acually put a defult on my file if i am paying them something? I know its not the full payment and its only 25% of it but its something, see the reason i am so worried about the default is i work in a bank and im worried i could loose my job if they credit check me and see i have a default.

 

Thanks

[Bazooka Boo]

.

Can they actually put a default on my file if i am paying them something? I know its not the full payment and its only 25% of it but its something

 

Now that is something I am unsure of?? Anyone??

It will be hidden in the mass of small print on the terms and conditions of the loan, unless someone else has knowledge of this then I would ask the CAB. But I 'think' that the terms and conditions of the agreement would be that you would need to pay a set amount per month, then if you fail to pay that amount it then puts the account in default regardless of any amount you are paying toward it. As they would have worked out the interest on the total sum and length of time to pay it back at a set rate per month, it puts a spanner in the works and screws up their calculations if you can't meet those payments.

Which is why you can ask them to agree to a reduced amount per month instead of the agreed amount initially, the fact that they have completely ignored this extremely irritating and frustrating:-x

Try and set up an interview with the CAB, I am certain they can probably clear this all up in a day;)

[whatamess]

I have also noticed the date of the letter is 18th april and i only got it yesterday so 10 days is up today, i dont believe this letter has taken 10 days to reach me, they must have back dated the letter to worry me so i call them.

I will be writting to them today they had better no put that defult on my account.

 

Thanks again

[Bazooka Boo]

I have also noticed the date of the letter is 18th April and i only got it yesterday so 10 days is up today, i don't believe this letter has taken 10 days to reach me, they must have back dated the letter to worry me so i call them.

Was it sent 2nd class? did you keep the envelope as proof?

Just more ammunition to fire back at them, it obviously can't be that important if they send mail 2nd class! That would indicate the level of urgency you need to apply aswell

[whatamess]

Unlucky for me the envolope does not have a post mark on it. I wrote a letter to the complaints dept it was nearly 2 pages long, attached photo copies of all post office receipts where they had signed for the letters to show i have been in contact with them every month since jan, and also attached the letters where im asking for them to accept a reduced payment and also the one where i send the reduced payment to them and note that they have cashed my cheques so to say i have not been in contact with them is utter rubbish in not so many words.

 

I have also asked them to investigate my account by re-reading my letters and listering to recordings of my phone calls to prove i have every intention of paying off my debt. Im am quite proud of the letter lol but weather it will get me anywhere i dont know.

 

Thanks for al your help Bazooka Boo, i will let you know if and when i hear back from them.

[whatamess]

Hi

 

Please bare will me and read try not to fall asleep;) big rant alert

 

AA finanancial are by far the worst company i have had to deal with so far, they are pigs im so annoyed, after countless letters going back to Jan09, first i sent them a letter explaining had no money sent them a budget sheet to show them and offered a £1 token payment which i have been paying for 4 months.. requested my CCA got this turned out to be enforcable, so sent a letter to offer a reduced payment of £30 a month untill we get back on our feet. AA do not reply to any of my letters only send me countlessletters to say that if we dont pay arreres they are taking action and they are dissapointed that i have not been in contact blah blah blahm, ... err HELLO

 

I sent a letter of complait last week, with all my letters and the recipts from the post office (all signed for) to prove i have been in contact since Jan,to which they have replied for the first time in thier lives within 2 days, to say that HAVE replied to all my letters (no they have not) and have asked me for a budget sheet (which i sent to them back in Jan)

Now they are saying they will accept my £30 a month tempory and they will be passing this on to a DCA as i am nearly 7 months in arrerrs... they really dont know what they are talking about, i am 4 months in arrerrs not 7 months and why are they passing me over to DCA? Someone help me with this one please i feel like if i was in front of the person who wrote that letter I really would punch them im so mad.

Thanks Rant over :-|

[weeblewobble]

im dealing with the AA as well, just sent off 2CCA requests to them. In the mean time they are phoning 4 or 5 times a day, i told them the first time they called i was having difficulties and have sent them a letter etc, but they are still calling:mad:

 

looks like i be getting the same treatment as you soon.

[whatamess]

Hi weeblewobble

 

They called me so many times, i changed my home phone number but they still called my mobile but at least i could see who it was calling, I tried speaking to them one guy was so rude to me thats when i stopped speaking.

I also sent the phone call harrasment letter and then didnt work they wrote back to me but said it was their right to call and the calls would continue until the arrers were paid up, honestly they have been the most stressful out of all of them, I hope your CCA turns out to be unenforceable but they are very clever in what they do and how they handle things.

 

They will be getting another letter from me next week because i want proof that they have sent the letters, its my word against theres at the moment but does not look like they are playing the game and are going to passed this onto a DCA anyway so i dont think im going to win this war.

 

Good luck

[blueda]

Hi whatamess, contact the office of fair trading and report this, weeblewobble you might have to do the same, keep us posted.

[whatamess]

Hi whatamess, contact the office of fair trading and report this, weeblewobble you might have to do the same, keep us posted.

 

Hi Blueda, shall i not bother to send AA another letter then? Just report them to OFT?

 

Thanks

[blueda]

Hi Blueda, shall i not bother to send AA another letter then? Just report them to OFT?

 

Thanks

Looks like you have sent enough letters already.