General advice needed please not sure which way to go.....

[joload]

I have a DMP w ith payplan and am just looking into maybe reclaiming some bank charges with my creditors but reading on here maybe I should start asking for alot more.

 

I really do not know where to start.

 

Should I first be asking for a signed CCA beofre I go down the reclaiming chages route.

 

I have

 

2 accounts with HSBC now taken over by DLC

1 account and 1 credit card with smile now with fredrickson

1 loan with A&L now with Tessera

1 credit card with egg

1 credit card with MBNA

1 credit card with CITA now cabot

1 credit card with Lloyds

 

 

I know it is alot debts made when I was with my ex and now is all onmy shoulders but I have now taken my head out of the sand and want to see the light rather than tread water or sink further. I have claimed charges before with HSBC and Smile so but wasn't sure which way to go first.

 

Any advise would be greatfully appreciated.

[dx100uk]

i'd go the cca route first.

it will make them put their cards on the table

 

wont stop any reclaims, they can be used to lower the outstanding balances.

once you know where you stand

 

dont forget to look at ppi too

 

dx

[joload]

Thank you - Citi contacted me of theire own back and asked if I was satisfied with their PPI - then put a complaint in on my behalf and refunded me £200.00 for it.

 

Not sure if I had PPI on others but I guess when I get to the reclaiming stage the statements will show that.

 

I was afraid that because I was on a DMP and making regular monthly payments to them it would prevent me going down the CCA route or might make them more aggressive in their contacing me for repayment.

[cerberusalert]

Being on a DMP doesn't prevent you from requesting a CCA, you can do that at any time. Although if you discover that any of the CCAs are unenforceable and wish to cease payment to them some DMPs can get a bit stroppy, particularly the 'charitable' ones like CCCS who are funded by the finance industry anyhow.

[loobyloo85]

I would suggest that if you are interested in claiming back your bank charges, that you send the relevant letters and the subject access requests. Although you are in a DMP, this wont affect anything, but if you do get any money back, you would need to inform your DMP company as the balance left owing will be much less, and they may be able to lower your monthly payment.

[joload]

Just printed all the requests for signed credit agreement off and ill send tomorrow once I have bought the postal orders.

 

Just a quick question - do I only do this for credit cards and loans or can Ido it for bank accounts too where overdraft is owing?

 

Many thanks in advance

[cerberusalert]

With a bank a/c you would need to send a SAR which costs £10 http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

[joload]

Thank you I will do that the for my bank accounts and that letter requests all the bank charges too so 2 birds with 1 stone

 

and for the loans and credit ards its this one qwith £1 PO am I right?

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

[cerberusalert]

With a SAR if you have multiple a/cs with the same bank it will cover them all, just stipulate on your request what information you want.

 

and for the loans and credit ards its this one qwith £1 PO am I right?

Yes

[joload]

Hello again

 

I have received my Egg card credit agreement back - can someone advise me how to read throu and check it and what steps I need to take next with this agreement.

 

I have read on a thread somewhere that there are flaws in egg card agreements prior to 2005 but now cannot find the thread

 

I can scan and upload after work

[42man]

This was the one you were looking for JL - http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html

[joload]

So I sent all the requests off with the £1 postal order and only had the credit agreement from egg back - it is 14 days tomorrow - should I give an extra few days to take into account for thepostal strikes?

 

Thenis the next step to send an account in dispute letter?

 

I am in a DMP - should I ask them to stop paymenst to the ones who haven't obliged and sent me anything back?

[cerberusalert]

Thenis the next step to send an account in dispute letter?

Yes http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

I am in a DMP - should I ask them to stop paymenst to the ones who haven't obliged and sent me anything back?

As I said in post #4 some DMPs can get stroppy and insist you keep up payments or they won't manage the a/c, but it's something you can do yourself anyway.