me & the OH's debt

[lickthewallfatboy]

nice one....

[Bill Shidding]

Hi, I agree with the above but -

 

And you got a termination notice, but no default notice? That being the case, it would be a particularly foolish outfit that would instigate court action.

 

Generally this would be true where it relates to a "running account credit" agreement, but if the agreement relates to a loan, and that the agreed repayment period has expired, then the creditor does not need to rely upon a DN or TN. The reason given would be that the creditor is no longer seeking a "remedy" and is only seeking repayment of arrears.

 

The creditor would need to fulfill his obligations under CCA06, SEC 86 B or C. In default of fulfilling these requirements, the sanction is non-enforceability of the agreement.

 

However, if the borrower had promptly accepted the TN, then the case would fail for the repayment of full arrears. The creditor would be limited to claiming arrears accrued up to the date of the borrowers acceptance of the termination.

 

Bill

[lickthewallfatboy]

now sending out letters with a 60% discount of the "debt" and a few well chosen words about how times are so hard for "their customers"

 

 

no. 1 -60% of nothing is still nothing

 

no 2 -I am not one of their "customers"-I am a recipient of endless streams of empty threats and junk mail from a company I have absolutely no relationship with,or am remotely interested in

 

nice try,Reigate reprobates!!

[PGH7447]

Jealous, they havent written to me since November when I asked them if the application form was what they would rely on in court.

[alfwithhair]

Jealous, they havent written to me since November when I asked them if the application form was what they would rely on in court.

 

I asked them the same question aroundabout Nov 09, they said yes it was, so told them would see them there. Not heard nowt since LOL

 

They made me there once in a liftime offer of 60% off too, but conveniently the letter arrived 2 days after the deadline for accepting it.

 

I am waiting for the 99% off deal, them I will accept, will be worth £2 to get rip of the idiots

[debt4get]

yeah i am waiting for the 99.9% one...cos its the only way they are gonna get anything

[Pepperoni]

Had a nice letter from 1st credit today saying they understand that my circumstances had changed, phoned them and asked what they knew that I didn't! Turns out they were referring to the fact that I had cleared my overdraft on an old account that I couldn't close because i couldn't pay it off. I explained that my brother had paid it because of the extortionate charges Halifax were going to enforce which would have just accrued more debt and that I would be paying him back when I could. She then launched into what you have done is illegal you should have divided those funds between your creditors we will pass this to our solicitors! Funny a couple of months ago I was a valued customer! She kept telling me 'we know you are a homeowner' at least they didn't threaten the bailiffs as they did 12 months ago! I informed her i would be contacting Payplan and Citizens Advice and put the phone down. A quick call to Payplan confirmed I had not done anything illegal as she suggested but had I not had that to turn to it probably would have freaked me out. I wonder where 1st credit recruit the people who work for them because the majority that I have dealt with are not very nice makes you wonder how they sleep at night!

[debt4get]

what are you paying 1st credit for? also never ever phone these people, as you have found out they lie.... this causes unnecessary stress..and like you said you had to ring payplan, cab, in order to get some sort of closure and truth...

have you cca'd them..are they entitled to collect money from you?

[Ell-enn]

makes you wonder how they sleep at night!

 

Vampires don't sleep at night !

[Pepperoni]

My original debt was with Morgan Stanley I had an arrangement with them and they so nicely passed it on to 1st credit!

[debt4get]

1st thing to do then is to send a cca request to 1st crudit... enclose a pound postal order do not sign letter...they have 12 + 2 days to comply if they do not you need not offer payment nor may they ask for any... if they happen to send the agreement post on here and people will advise you on whether the agreement is enforceable or not

[debt4get]

To Whom It May Concern:

 

Your Reference: Agreement Number:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

 

With reference to the above account, I request that you send me a true copy of this Credit Agreement before I will correspond further on this matter.

 

This is my right under the legislation contained within Section 77 (1) and Section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my Credit Agreement on request.

 

Your obligation also extends to providing me with a statement of account. I enclose a £1 Postal Order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my Credit Agreement should be supplied within 12 working days from the date of this letter.

 

I also understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the Agreement under these sections of the Act.

 

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

 

 

1. True copy of original Credit Agreement

2. Statement of Account

3. Copy of the executed Deed Of Assignment from the Original Creditor and Thames Credit Limited.

4. Fair Processing Notice.

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed Credit Agreement within 12 + 2 working days of a proper Consumer Credit Agreement request.

If you fail to comply with a legitimate request the account enters a default situation

 

As you are aware, a Credit Agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act and therefore is a complete defence to any court claim that is issued.

 

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment - Administration Of Justice Act 1970, Protection From Harassment Act 1997, Communications Act 2003. If you continue to harass me by telephone I will report you to OFCOM, Trading Standards and The Office Of Fair Trading, meaning that you will be liable to a substantial fine

 

May I remind you, there is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, Police attendance.

yours

 

Edited January 16, 2010 by debt4get

[Pepperoni]

I've been paying them for the last 12 months without any problems till this latest letter and they are only getting the barest minimum!

[Uptotheneck]

So if you owe them nothing and they offer you a 60% discount, does that mean they owe you money??

 

 

Regards

 

David

[lickthewallfatboy]

that sounds good.

[lickthewallfatboy]

can anyone point me to the section 10 template?

 

I'm doing my head in looking but can't see one

 

cheers

[sam614]

do you mean this

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/583-letter-to-request-the-halt-on-the-processing-of-your-data

 

sam

[lickthewallfatboy]

that's the jobby sam

 

thanks!

[lickthewallfatboy]

anyone encountered this team of supermen/women?

 

"Tracewatch" collects the uncollectable

 

"Tracewatch" collects the uncollectable

 

Accounts that have been passed through a number of DCAs who have failed to obtain a successful collection result are often passed back to the client who may then write the debt off. This is obviously a sub-optimal solution but in many cases, the only option left to the client.

 

Most of these accounts consist of gone-away cases where traditional trace related activities have failed to generate any positive result. However, our experience suggests that over a longer period of time than is normally associated with the traditional collection cycle, these debtors can surface again. As such, we have found that they may become vulnerable to a range of advanced tracing techniques performed over a longer period of time.

 

In response to this, Debt Managers, in association with a number of its major clients, has developed a proven methodology and collection process that delivers positive collection results on portfolios of previously uncollectible debt. We have called this collection product "Tracewatch".

 

Several of our major clients have passed us portfolios of accounts that had been through the collections process with a number of different DCAs, which they were going to write-off as bad debt. We load these accounts onto our debt recovery system where they begin to flow through our “Tracewatch” strategy. This strategy relies on a range of tracing techniques performed at regular intervals over a long period of time. We discuss this period of time with the client, but it is typically months, even years. In many cases, debtors that have not responded to tracing activities in the past will resurface at other addresses as they attempt to gain credit, loan or a mortgage. Our experience shows that the “Tracewatch” process is able to locate and identify these debtors. Once we have made contact with the debtor we are able to place them on a normal collection strategy and negotiate settlements or payments.

 

"Tracewatch" is proven to deliver outstanding results on previously uncollectible debt.

 

 

 

that's put me right off me dinner

[F_DCAs]

Now, is this part of Hillesden's 'Debt Surveillance Program'?

 

Remember - the chickens and the turkeys are watching you...

[phil_nottingham]

Am that scared ive just wet myself!!

[seanamarts]

 

Remember - the chickens and the turkeys are watching you...

 

Are those the ones in green duffel coats,wellies and constantly looking at you with their binoculars, with a note pad stuck under their arm, er.. wing;)

[F_DCAs]

They have walkie-talkies and tape recorders as well. And you need to watch those telescopes pointing downwards from upstairs windows.

[ODC]

This strategy relies on a range of tracing techniques performed at regular intervals over a long period of time. We discuss this period of time with the client, but it is typically months, even years.

 

Just so long as its less than 6 years your muppets because My Limitation Act 1980 trumps your TRACEYwatch

[Pinky69]

More evidence of DCAs in panic, running round like headless chickens looking for the debtors. Erm - we are here and you have failed. It's amazing what they come up with when they go to the lav for the communal pee pee.