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    • Hello   I agree with dx100uk.   Send them a CCA request which is a request for them to produce the original agreement that gives rise to the debt.  They have a limited amount of time (I think around fifteen days) to send you the document.   Here are the possible follow-ons from that:   1. They don't respond within 15 days and so you are legally entitled to stop paying until they do send a response. 2. They send a letter saying they have gone back to the original creditor to ask for the document and they need more time.  You (legally) stop paying after fifteen days and don't pay them again until they send proof. (This is the most likely first response as they wont have any of your documentation as they bought your debt as part of 1000 others on a spreadsheet on a CD ROM or USB stick). 3. They send you something that looks like a contract or which might be something else that they want you to think is the contract within the time frame.   After either of the above  whatever they send you should be referred back here for an assessment as they will often send you unsigned documents or made up bits of nonsense.  Even if the contract turns out to be the genuine one it still might not be enforceable due to errors made by the creditor at the time of signing.   The only potential downside to the above is that they could try to damage your credit record but probably it is as much damaged as it can be by this debt already so nothing else they can do will make it worse.   Following on from the above you can continue to not pay them.  I would setup an on-line savings account and pay yourself the money instead which has the advantage of creating a resource in case you need to resume payments in the future.   They may send you further letters either inducing you to resume payments by threat or by offering you a deal.  If the document is not valid then the only deal you need to take is the one you unilaterally entered into at T plus 15 days when you agreed with yourself not to pay them another penny.   It is not impossible that they will send you a letter saying the debt is unenforceable (miraculously I have actually seen one!) and asking you to pay anyway which you will of course ignore as you should not be giving any member of this low life industry any encouragement.  
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Ghettosmurffette

**HELP** Hardship claim to Abbey, replied with debt recovery agency

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Hi knowledgeable people,

 

Sorry if my post is a bit long winded, Ive tried to explain it as best as I can :D

 

Ive got a student account with Abbey national, which I was claiming back charges for, my case was stayed due to the test case back in early 2008. Was still using the account for my wages, bills etc, however in Sept 2008 my overdraft was reduced from £1900 to just £500, with only 1 months notice. (Apparently you can only have the student overdraft 1 year after you have graduated)

 

Anyways I informed them I couldn't pay the difference back in full, which there response was tough and reduced it, causing me to be overdrawn and incuring charges ever since, to the tune of £460 to date. To make matters worse I lost my job in Oct 2008, and have been unemployed ever since and have not made a payment to that account since Sept 2008.

 

In April 2009 I put in a claim for hardship to Abbey, they replied two weeks later with what seems like the standard response that they were looking into my case and gave me some case ref numbers and info on debt problems.

 

Since then I hadn’t heard from Abbey, however I recently received a letter from a debt recover agency called Moorcroft, stating they are acting on behalf of abbey, and the letter is a ‘notice of intended litigation’ for and overdue debt of £2152.64

 

At this point Im not really sure what to do, what Ive read on hear is that Abbey are supposed to send me a ‘notice of default’ (which I have not received) before any litigation and that they cant pursue payment because the account is in dispute. However I am worried that since I haven’t made any payments to the account since Sept last year they can?

 

Anyone have any ideas…Thanks in advance for any help you can offer :-)

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First of all I would tell moorcroft to get stuffed to be honest since the account is already subject to a legal case(OFT test case).

Did you look at other graduate accounts at that time?(this is an aside).

Do you have priority debt arrears(mortgage/rent, council tax, utilities)?


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Hi yourbank,

 

Thanks for getting back to me, telling Moorcroft to get stuffed was my thinking also :D

 

No I didnt look at other graduate accounts, though in hindsight i probabley should of. The only debts I have are credit cards, Im still living at home with parents, I was paying them rent until I became umemployed. To be honest I wasnt really sure how successful my hardship claim was gonna be because Im still living at home.

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Without priority debts its a non starter, so if you have already sent your list of charges to the bank then as you are unemployed then you need to start a claim for the charges at court via an N1 form. You also need an EX160 which means it will cost you nothing to file the claim. It will be stayed but everytime the DCA comes a calling you say get stuffed with a reference number :)


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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thanks for the advice..well I have already filed a claim for the charges prior to sept 2008, which has been stayed, but Im gonna put in another claim for the charges since sept 2008 till now which is £460.

 

So just to clarify, i can just write to moorcroft, with the previous ref no. of my first claim?

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thanks for the advice..well I have already filed a claim for the charges prior to sept 2008, which has been stayed, but Im gonna put in another claim for the charges since sept 2008 till now which is £460.

 

So just to clarify, i can just write to moorcroft, with the previous ref no. of my first claim?

Yep


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Hi, thanks again

 

Sorry to pester you again, is there a letter template for saying your account in dispute, I have been looking cant seem to find one.

 

Also just checked my credit file and abbey has put a default notice on my file...so the battle continues

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.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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