Help with Debt Collectors, Please.

[oscaro]

please help me i have 4 defaults and want them removed my life changed and these store hp and store cards are a nightmare i reduced my payments to the best i could afford at the time but the companies just decided to default them then sell the debts on as quickly as possible never bothered to tell me this next thing robinsons way aktiv kapital fredrickson who i only found out about today dont no who i am but are taking money out of my bank each month aktiv are willing to send the agreements out soon as poss he also says the the agreement does not state that failure to pay will result in the debt being sold onto another company please help as im new to this cheers ,oscaro

[maroondevo52]

Hello and Welcome, oscaro.

 

I'll start a new thread for you in the appropriate Forum.

 

Regards.

 

Scott.

[clemma]

You need to send a CCA request off to these DCA's to check they have the right to collect anything!! Cancel your DD's straight away (as you have no control over them). If you want to continue payments, set up standing orders, or use the payslips that they send.

 

This is the letter you need:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Dear Sir/Madam

 

Re: Account no: xxxxxxxx

 

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(6) 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.

 

 

 

Yours etc

 

PRINT do not sign the letters. Enclose a £1 postal order and send it off by recorded delivery - then you have the proof they received it.

 

If, after 12+2 working days you get no response, or the CCA is not a valid one , then you can write to them and put the account into dispute. You can then do one of the following - stop all payments, pay them what you want (like a £1 a month) or offer them a full and final settlement. Without a valid CCA they can't do much!

 

If they are valid, then you will have to write to them letting them know what you can afford - and hope they accept it.

[lilly white]

Ok

 

Wellcome To Cag.

 

Can You Post One At A Time.

 

We Need To Know What They Are Store Card Credit Cards Hp

 

How Old

[oscaro]

next directory is first started 2002 paid faithfully lost job i reduced my payments they them must defaulted account in 2006 next thing robinson way has bought the debt leaving my balance with next at 0 i phoned next today 2 see if it states in contract they can sell on the debt they say they will send agreement in post

[oscaro]

2 argos store card started 2003 defaulted 2006 i saw cabot financial on my credit report foned them today they told me 2 fone fredrickson whatever they dont no me or vice versa

[clemma]

The 3 already mentioned can be CCA'd......Argos are not the best with agreements - fuzzybobble (a CAGger) has got rid of many a DCA trying to chase his Argos "debt". Next catalogue - not too sure, but if they are anything like Littlewoods, then CCA's are non-existent

[oscaro]

3and 4 aktiv kapital used to b ge capital paid both faithfully and due to unforeseen circumstances reduced payments were made

and defaults added debt then sold onto aktiv whom i foned today they will send me both agreements out in post he states there is nothing on agreement saying failure to make payment willl result in this debt being sold onto a third party i hope ive made myself clear many thanks

[oscaro]

thanks what is a dca

[clemma]

Debt Collection Agency

[oscaro]

thankyou can any of these debts be written off as i dont have any agreements with these dca s cheers

[clemma]

No - the debts will still exist. No agreement just means they cannot take this through the courts.

[debt4get]

2 argos store card started 2003 defaulted 2006 i saw cabot financial on my credit report foned them today they told me 2 fone fredrickson whatever they dont no me or vice versa

fredrickson are a dca as are cabots, both well known on this site, never ever ring any of these dca's it is the one thing you will be told time and time again, only deal with them by letter.. if they ring and ring you refuse to answer security and send them a harrasment letter available in templates

make sure you cca argos and post up whatever they send you with your details blanked out so people on here can help you out

most of all dont worry all these idiots can do is empty threats, ignore them, send the requests.... sit back and wait