Ominous Silence?

[phoenix11]

Whilst it might seem nice not to get the nasty letters, it's now become an ominous silence.

 

I've requested information on the loan (querying where they get that figure from) and I cannot get a reply. Granted it's only been two weeks, but I hadn't had any comms from them before that when I wrote to complain.

 

I've made an offer of £1 per month on the cc account (seeing as I'm on JSA) and heard nothing.

 

I have no method to pay the money in 'good faith' as the accounts have been closed by the bank and I have nothing from the DCA.

 

Is this silence something I should be worried about? Are they plotting behind the scenes and I'm about to fall down a big hole?

 

Should I be escalating this to a formal complaint now or should I first give them a specific date deadline to get back to me? And if they dont' get back to me, what kind of pointy stick of threat can I wave in their general directions?

 

[Nagasis]

It does seem common that everything goes quiet for a few months every now and then. I think its while they are passing the account around to another lowlife dca. (not that the new dca will get anywhere )

[caro]

Make the most of it.

 

Not sure I'd pay anything until they prove you owe the debt.

[phoenix11]

Hi Caro - I can't pay anything and I'm not going to pay on the account I'm disputing.

 

I think there's an outside chance that if they've done what I think they've done, they may have shot themselves in the foot and negated the debt - but I don't want to say why on the forum.

 

I've posted a Q on another thread - it seemed to fit there - but here it is for my own thread:

 

----------------------------------------------------------------

 

Scarlet - if you're still around.

 

s.175 of the Consumer Credit Act 1974 places a duty on a company acting for the creditor to pass on a request under ss.77/78(1). So, as long as you've made your request and AIC have failed to comply within 12 working days, they are in default.

 

If a DCA owns a debt, then s.189 requires them to comply because they are the creditor within the meaning of the act.

Does that rule apply to any information that is requested?

 

ie, if I write to say I am disputing the amount of the debt and require an accounting to show how they've arrived at that figure, does that fall under the same rules?

 

----------------------------------------------------------

 

I should also have asked - how to I get to find out who owns the debt?

 

I have a lot of questions about this passing of debt crap - things which are never explained to the consumer (quelle surprise!) some of which I believe should be challenged.

 

eg - if a bank sells a debt to a dca should we not be entitled to know how much that debt has been sold for? Because if eg a debt of £5000 has been sold for £2000, then the original creditor will have written off £3000. So then the dca is simply bullying the consumer into paying more than they should really have to.

 

Should we not be entitled to know how our debt is being handled - is it being passed on or sold? If it's sold, for how much?

 

There is far too much deceipt being practised.

[caro]

To be honest phoenix I struggle to get my head round this cca stuff, but these link are very informative.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

[phoenix11]

Caro, these boards are fantastic but I think there's a difference with the debt problems people are facing and that of the bank charges.

 

I don't think it's just me getting older. The bank charges were a lot easier to understand with a bit of work - all the legal stuff etc.

 

Essentially, although everyone had their own personal tale, the process was relatively straightforward as it was either one of two choices and a simple matter of then following the templates.

 

With the debt problems it seems that there's a whole load extra mess because it's dealing with so many twists and turns of an industry that is simply not being run within the same 'professional' (by comparison) boundaries and rulse of the banks.

 

In short, the debt collection industry is a nasty, unprofessional cousin that operates in the lowest levels and has historically been allowed to get away with anything - even outside the law, because no-one knew how to stop them - they hit at those who were most vulnerable and had no recourse in law.

 

Now they're finding themselves too much in the limelight, they're not able to change their spots - it's still hyena eat hyena.

 

So, all of us (and how many more who don't know about these forums???) are left to struggle with the mess.

 

Even if we can understand what letter to send and when, the process isn't straightforward - the bastards then twist and turn - the debt goes around and around - they don't have enough rules or processes that they MUST follow in law that helps the consumer - only what is imposed on them to behave themselves and even then, they are happy to break those rules if it gets them the money.

 

So, as I'm reading the threads here, unlike the bank charges, whilst trying to find another person who has the same situation as myself is possible, I keep seeing so many different answers, so many different opinions.

 

It's very understandable why - there is no simple answer because each situation could change at any time - but it means that too many people are still left to cope when they don't know if they're doing things right or not.

 

I'm going to write again to both the dca and the bank. I'd like to know whether I can point out that they've failed to reply for over 2 weeks now and that they're out of time. But I don't know if I can do that effectively. I can't get my head round the 'what happens next'.

 

I don't know if I have to start again and give them another 12 days with the official wording.

 

And whilst that's happening with one debt, I don't know what happening with the other which I have offered to pay £1 per month whilst I'm on JSA.

 

I am going to write to my MP - I want to keep this disgraceful mess on the boil in the public eye. If anyone can think of anything else to keep up the pressure to bring a halt to this obscene practice and make the banks take responsibility for helping people manage their debt, all comments very welcom.

[caro]

This letter should suit your needs. http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

Just keep reading because although no-one will have exactly the same issues as you to deal with, the chances are that you'll find bits and pieces that are relevant all over the place, and bit by bit it will fall into place. The more you learn, the easier it is to deal with things as and when they crop up.

[diddydicky]

Caro, these boards are fantastic but I think there's a difference with the debt problems people are facing and that of the bank charges.

 

I don't think it's just me getting older. The bank charges were a lot easier to understand with a bit of work - all the legal stuff etc.

 

Essentially, although everyone had their own personal tale, the process was relatively straightforward as it was either one of two choices and a simple matter of then following the templates.

 

With the debt problems it seems that there's a whole load extra mess because it's dealing with so many twists and turns of an industry that is simply not being run within the same 'professional' (by comparison) boundaries and rulse of the banks.

 

In short, the debt collection industry is a nasty, unprofessional cousin that operates in the lowest levels and has historically been allowed to get away with anything - even outside the law, because no-one knew how to stop them - they hit at those who were most vulnerable and had no recourse in law.

 

Now they're finding themselves too much in the limelight, they're not able to change their spots - it's still hyena eat hyena.

 

So, all of us (and how many more who don't know about these forums???) are left to struggle with the mess.

 

Even if we can understand what letter to send and when, the process isn't straightforward - the b*****ds then twist and turn - the debt goes around and around - they don't have enough rules or processes that they MUST follow in law that helps the consumer - only what is imposed on them to behave themselves and even then, they are happy to break those rules if it gets them the money.

 

So, as I'm reading the threads here, unlike the bank charges, whilst trying to find another person who has the same situation as myself is possible, I keep seeing so many different answers, so many different opinions.

 

It's very understandable why - there is no simple answer because each situation could change at any time - but it means that too many people are still left to cope when they don't know if they're doing things right or not.

 

I'm going to write again to both the dca and the bank. I'd like to know whether I can point out that they've failed to reply for over 2 weeks now and that they're out of time. But I don't know if I can do that effectively. I can't get my head round the 'what happens next'.

 

I don't know if I have to start again and give them another 12 days with the official wording.

 

And whilst that's happening with one debt, I don't know what happening with the other which I have offered to pay £1 per month whilst I'm on JSA.

 

I am going to write to my MP - I want to keep this disgraceful mess on the boil in the public eye. If anyone can think of anything else to keep up the pressure to bring a halt to this obscene practice and make the banks take responsibility for helping people manage their debt, all comments very welcom.

 

you say you asked them for information

 

was this a s78 CCA request

 

did you send a pound

 

did you send it recorded