Egg and their little lackies- Collect Direct UK

[seriously fed up]

In my personal opinion, for the little that its worth, you should tell them to go forth and multiply.

You have to realise that DCAs are employed by banks to collect the debts that their "call centres" havent managed to shake off the trees. Their responsibility is to their client (and in fairness that is the legal situation - their contract is with the bank) not with you. In terms of filling out their income and outgoings forms, my advice would be

 

1. tell them to get lost (especially the ones who insist they can only do this over the phone and never in writing - I mean are you going to remember ALL your outgoings in one phone call? And where is the proof? Dont tell me that they havent thought of that. Yes they will make threats - whatever they have to say to get the money that you might/not have. One of the best bits of advice that I got was just to put the phone down. Or better still make it clear to them that you will NOT discuss this matter on the phone, but only in writing.Or - if you want a laugh - give them the runaround on the "security questions". There are some funny examples on this forum) But do go to somewhere like your local CAB - THEY will have YOUR interests at heart which a bank or DCA wont - their job is to get as much money out of you as quickly as possible. For the CAB YOU are THEIR client - quite different. Once I am out of this - and I hope to be in the next few months - I plan to make a small contribution to my local CAB - not for the help they gave me (that's their job) but just for helping me to keep going. ;-)
   
2. but before doing that (or at the same time), make sure that they (and I mean the banks) have the legal right to collect. I have been - indeed i suppose i still am - in the place that you are now - loads of creditors and not enough income to pay it. I have CCAd (asked for a copy of the Consumer Credit Act agreement) for ALL my credit cards (there were 18!) and to date I have only ONE that would stand up in Court. Some of them havent even replied. Mostly its just sad and pathetic. One lot sent me a few days ago a glossy ffs list of T&Cs and tried to tell me this was an executed credit card agreement in terms of the Consumer Credit Act. This is another skill you have to acquire - ignoring their lies, because, and this goes back to what I said about the relationship between banks and DCAs, their job is to get as much money out of you as possible as quickly as possible. But once they get the idea that you have some kind of idea of YOUR rights, it gets a bit easier. For me its got a LOT quieter I can tell you. I have established in two cases that they dont have it (but they are looking!) - they have owned up. Most wont do that. Egg - and they are one of the 18 - seem to be looking to carry on regardless despite the fact that their paperwork is wanting in at least three requirements of the Consumer Credit Act. Fortunately, most are taking a more sensible approach.
   

Go to this page The Consumer Forums - Debt collectors and you will find the kind of letters you will need - adapt them to your circumstances.But first have a look at the forums where others are dealing with the same creditors that you are. You can often pick up interesting ideas.

Good luck - really its not as bad as it seems

[seriously fed up]

In outline the letters are fine - ie here's some money, neither of us are on completely sure ground, please go away. But, if paying them, make sure you get a letter confirming its in full and final settlement. Dont just send them money. In any caseSomeone told me that the Banks make a profit even if they only get 10% back of what is owed and for sure they are only getting 20% or so if they sell them on to a DCA.

The second one is a bit more warlike. I have used this one and they have gone away. Its whether they will stay away that is the worrying thing, or do you end up going round the loop again in a year for instance either with the lender or another DCA.

If you can run to it, I would think first of all about the first one. But if you are sure of your ground, I would give serious consideration to number 2.

I wouldnt bet on getting the CCAs btw - as I said I have asked for 18, and only got back one that would stand up in court, and you want to see some of what has been sent to me. You would scarcely believe it - the last one was a glossy set of current T&Cs - and that sir is your executed agreement. Either they are stupid or think I am. But more often than not its the roaring silence that gets you.

[seriously fed up]

Just one thing to watch is collecting on unlawful fees at the same time as denying the debt as there is no CCA. The logic is that how can you reclaim fees on an account whose existence you are disputing?

Personally I dont quite see it like that. I think there is another argument which says that if they (the banks) dont have the agreement then they have no basis to have taken your money anyway. But I know the other view is quite widely held. Anyone else - more knowledgeable than I - care to comment?

Re Nat West and Mint (which btw are both RBS ultimately) good luck in getting yoru dosh - it will be well worthwhile if you can do it. But dont imagine they will just roll over and hand it back. I have a claim against a bank for £1600 which they just wont pay out on (best I have got them to is £300) - the credit limit was no more than £600 too. I have done quite well getting repayments and never had to go to Court once. I think I might have to on this one though.

Btw, recorded delivery is the recommended route, but I dont usually use it and havent had many problems. However, one bunch of commedians clearly werent going to take any cognisance without going down the recorded delivery route, so I sent them another CCA request recorded delivery. I have a certificate from the Post Office that it has been delivered by them, but no signature and they still claim not to have received it. Its another world you are entering into Keasby.