How to proceed when correct data supplied via CCA

[FlyboyAgain]

This thread is an offshoot of my one on DCA's but deals with how to proceed when your creditor finally, after much prevarication and searching, supplies you with the correct agreement with the PTS and terms on same document.

 

I have received such and am curious now how to proceed, as the debt is now enforceable again. What is the action, now, from the DCA/bank, and how do I protect myself from the launching an attempt at full recovery?

[no-angel]

hi. received a letter from Marlin financial services telling me that my debt to Yorkshire has now been passed to them. if I dont contact them I should expect enforcment action and one of their 'feild agents' may call on me. As first contact, should I reply in writing requesting a CCA ? as telephoning just leaves you open to bullying and more telephone calls. Any advice on dealing with these bloodsuckers would be appreciated. Cheers

[FlyboyAgain]

hi. received a letter from Marlin financial services telling me that my debt to Yorkshire has now been passed to them. if I dont contact them I should expect enforcment action and one of their 'feild agents' may call on me. As first contact, should I reply in writing requesting a CCA ? as telephoning just leaves you open to bullying and more telephone calls. Any advice on dealing with these bloodsuckers would be appreciated. Cheers

 

Do not speak to them on the phone: they will only harass and intimidate you into paying more than you can afford! Insist all corresp is dealt with by letter and tell them that if the persist in contacting you at home (log the calls) write to them stating that this behaviour constitutes harassment under ss1&2 of the Protection from Harassment Act 1997. Tell them your first stop will be the police and make sure you tell them thatyou will name the person speaking/writing to yo.

 

Secondly, yes, CCA them , first.

Edited May 27, 2009 by FlyboyAgain
incorrect data

[FlyboyAgain]

It is important to keep abreast of what's happening and not to ignore correspondence. Also, they cannot call at your home without you inviting them ! Do not agree to such a visit under any terms! They have no right.

 

Search around here with regard to that. The main thing is that you need to take control and not be frightened of them any longer. They have reaped the whirlwind.

[FlyboyAgain]

See also s127(2)© of the Communications Act 2003.

 

Now go get 'em!

[no-angel]

thanks for your replies, good to know that I'm doing the correct thing.

Which section do I quote for a credit card ??

 

New to this and dont want them to take advantage of me being a bit green on the subject. CHEERS

Edited May 27, 2009 by no-angel

[FlyboyAgain]

Request under section 78(1) for cards. They have 12(+2) days to reply to this. If they don't, the account is said to be in dispute. You can withhold payment if you wish or continue to pay. Best if you see my thread here:-

 

http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/188216-dca-heavy-handed-over-3.html

 

It's still active but I have received an invaluable amount of assistance from the site team and forumites and I'm happy to help as much as I can.

Edited May 27, 2009 by FlyboyAgain
incorrect wording

[no-angel]

will write a letter today (UNSIGNED) with a £1 postal order and send it recorded delivery. see what happens ??

Thankyou Flyboyagain, didnt expect to get a reply so soon, cant tell you how much better I feel. will let you know how i go on. bye

[IdaInFife]

Hi Fly,

 

Here is a list of template letters you can use to negotiate repayments. if it's the original crediot or inhouse and they are adding interest etc there is a ltter asking them to freeze it. if it's a dca then nothing shoul dbe applied. I would always suggest to make up your own i and e and whme making your offer of payment include the first payment and kepp paying to your schedule if they accept or not.

 

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

 

ida x

[FlyboyAgain]

Thanks, Ida; you're a gem.

 

I was paying reduce payments via a financial statement (which was never good enough for the DCA) and I will revert to that.

[FlyboyAgain]

However, if they start the bullying again I'l stop paying them until the Courts get involved, costs or not. The good news is my wife and I got them on most of the cards! Result!

[IdaInFife]

as long as you make the payments you have proposed and on your time schedule then to be homest they will leave you alone exept for them trying to increase them as if they did take it further the courts are none too happy with them as you would already be paying what they would consider or they might consider less.

 

result on the cards

 

ida x

[no-angel]

Hi Fly, just thought I'd let you know that I sent CCA request letter to Marlin via special delivery. They received it on the 30th May '09, I've got a print out of the signature to prove it. Received a 'REMINDER' letter yesterday, dated 5th June '09. It says ' we note from our records that you have not responded in respect to our previous communications regarding the above debt '.

Clearly I have, I have the Postal Order number receipt also.

Do you think they are trying it on, hoping that I'm actually going to call them ? Do you think I should ignore this letter as I've all the proof that I sent and they received my CCA ? If they received my CCA on the 30th , is it 12 working days +2 ? Will the 25th put them in default of my request? And if so , should I send them a letter stating thisafter the 25th ?

I know i've asked alot of questions but your reply will be v.much appreciated. Cheers, No Angel.

[postggj]

These Letters Are Nothing More Than Computer Generated Mass Mailers

File And Ignore

 

Ref The Cca Request

 

Its 12 Plus 2 For Service

 

I Make That

 

30 May Plus 14

 

Thats

Give Them Some Leeway

 

This Monday Comming

 

15/06/09

 

SHAME

 

THEY KNOW THE LAW

[FlyboyAgain]

as long as you make the payments you have proposed and on your time schedule then to be homest they will leave you alone exept for them trying to increase them as if they did take it further the courts are none too happy with them as you would already be paying what they would consider or they might consider less.

 

result on the cards

 

ida x

 

Yes, Ida, that seems to be the case, after speaking to the bank, yesterday. Suprisingly, the bank has no record of my letter of 1 June thanking (!) them for supplying the correct agreement, copied also to the DCA who appear to be pressing for litiagtion, even though I've reinstated the payment schedule. What an odd bunch.

 

Y'know, these people don't bother me anywhere near what they did at the begining of this year. It's amazing how this forum (and the people on it) and a bit of knowledge about how acts work and should be interperated can boost your confidence and let YOU gain control!

[FlyboyAgain]

Hi Fly, just thought I'd let you know that I sent CCA request letter to Marlin via special delivery. They received it on the 30th May '09, I've got a print out of the signature to prove it. Received a 'REMINDER' letter yesterday, dated 5th June '09. It says ' we note from our records that you have not responded in respect to our previous communications regarding the above debt '.

Clearly I have, I have the Postal Order number receipt also.

Do you think they are trying it on, hoping that I'm actually going to call them ? Do you think I should ignore this letter as I've all the proof that I sent and they received my CCA ? If they received my CCA on the 30th , is it 12 working days +2 ? Will the 25th put them in default of my request? And if so , should I send them a letter stating thisafter the 25th ?

I know i've asked alot of questions but your reply will be v.much appreciated. Cheers, No Angel.

 

Angel, yeh, I have had the same with my monkeys in the past. They're trying to scare you. If they or their client haven't sent the correct documentation (or not managed a reply) then you must write to them stating account in dispute. Wait the full 14 days and send your 'in dispute' letter ON that day; that's what I did. Remember: they are only trying to scare you. Watch out for them lying about not having received you CCA request! Copy your 'in dispute' lettter to your OC, the bank.

[FlyboyAgain]

What I am finding now is that the bank (ex bank, or course!) has started to get involved again. I'm pleased about this, to a degree, because they have let the cat out the bag and inadvertantly exposed DCA lies and misdemeanours. However, they have become all nicey-nice over the phone after years of agressive and condescending phone calls and I know why: they are so sh** scared of losing their money that they're now trying the softly-softly approach, appearing now to being a 'caring' bank! And for every account my wife and I have in dispute with them they have sent a 'keen to resolve concerns' letter. What can this portend for them? They get nixi, that's what!

 

I've reinstated the accounts that have been shown to be correctly set out, as per pre-2004. As for the others, i'll wait for the fat lady to sing. And no amount of fluffy, cuddly HBOS letters and soooothing telephone manner is going to fool me into thinking that I'm not dealing with one of the biggest corporate monsters on the planet!

[no-angel]

Thanks for the support guys. Will let you know whether they decide to acknowledge my CCA, or just pretend they've not received it. Will file this 'REMINDER' under SPEW!! Will send the default letter on the 15th, do you think that I should put a photocopy of the Postal order receipt for £1.00, which has their name printed on it + the special delivery receiving signature in with the default to prove i sent it? Once they default and if they continue to send letters, can i do something about harassment?

Cheers

P.S should I ask for my £1.oo back because they've not used it for the purpose intended ?

Edited June 12, 2009 by no-angel
Adding P.S

[FlyboyAgain]

Yes, attach copy of signature scan. You need to prove that it's been cashed, though.

[no-angel]

Hi Fly, they've sent a letter,saying they receivedmy CCA on the 4th June 09. I know they signed for it on the 30th May. Do I still send the default letter on the 15th, today ? Cheers

[FlyboyAgain]

You go by the date of your letter. I got whining, weeping excuses that CCA letters sometimes 'slip the net' (??) and can also go unaswered for more than two weeks! That's not our concern! As long as it's 12+2 days they've gone beyond. And I presume you've check today's mail? If you have, and the documents are not there with you, send your 'in dispute' letter.

[FlyboyAgain]

Did you ever, as a kid, catch a bully on his/her own and dish out to them what they did to you? Well, this is how it feels with me and my DCA/Bank. Wow, is that bank nice-nicey to me now, even though I'm no longer with them. The DCA are still arrogant, as I suspect yours is. Do Not be frightened by them: they are toothless old dogs who can do nothing but drag you to court! Stick to learning here how to fight them and when you learn like I have done, help others as others here have helped you.

Edited June 15, 2009 by FlyboyAgain
Emphasis