Old Debts

[loring]

Hi everyone ,

I am new to the forum but I have a few old debts which still hang over me since my divorce in 1995.

(a) I have a credit card debt for £3000 with Capital One and sold on to Capquest. I have made a nominal pay to Capquest since 1996 and still receive letters threating to take me to court and/or sen in the bailiffs. The default no longer shows on my credit so my questions are:- should I try to reclaim bank charges and how could i get the debt cancelled. I am 64 years old and am no longer able to work due to disability.

 

(b) I have a credit card debt with RBS for £5000 which was sold to Wescot who issued a default notice. The default should be removed in December this year. If I started the process for reclaiming bank charges can they keep my default on file after December or could they persue me for the outstanding balance. How could I go about getting this debt cancelled.

I would appreciate any advice to help me get rid of these debts.

Loring

[maroondevo52]

Hello and Welcome, loring.

 

I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.

[cerberusalert]

Send them both a CCA request to see whether these alleged debts are indeed enforceable http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter my bet is they're not

 

If they're not you do not have to continue paying anything.

 

Once the default is six years old it will drop off your file & they cannot add a second one.

[diddydicky]

Send them both a CCA request to see whether these alleged debts are indeed enforceable http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter my bet is they're not

 

If they're not you do not have to continue paying anything.

 

Once the default is six years old it will drop off your file & they cannot add a second one.

 

and put out of your mind their threats about sending in baliffs- this CANNOT be done without first obtaining a court judgement and only then if you fail to comply to the courts orders as to how you will pay (usually by small instalments)

[loring]

Thanks for the respones

I have sent out CCa requests and will post again when or if I receive responses

 

loring

[gezwee]

Loring, sorry if this appears personal but do you have any asset to protect.... property etc?

 

As you are a youngster you may be best suited to looking for a write off - have effected same for my mother.

 

If you are aware of charges DSAR them, understood if this is to much for you and you are from the era of trust for the bankers. Sometimes it can appear to be a lot of work for very little return..... do you have a son or daughter that could act for you as its a long winded process and enough to make a saint swear at times when you should be enjoying the fruits of a lifetimes work.

 

Mum was far too trusting with some of the toerag DCA's.... not that I'm saying service any old debts but who the hell is going to spend £1500.00 bankrupting a pensioner with no assets.............If you have ANY property get some guidance first, if you have children that you love and cherish it may be advisable to transfer to them now. Please, please, please seek some local guidance and act accordingly. Do not be intimidated by an 'adviser' who does not speak a common language with you and knows sod all beyond the latest weather news and script for eastenders.

 

Above all, take care and do not be intimidated by these idiots

 

Regards

 

Gezwee

Edited July 13, 2009 by gezwee

[loring]

Hi gezew

Thanks for your post.

The only asset which I will have is my personal pension which I could take in 2 years time .Currently the fund is valued around £150,000. However I fear that if the Banks/DCA's become aware of this they would attempt to take it from me. I am unsure exactly of what the law on this is but I suspect it might favour the Banks. I have 2 children still in education and would obviously like to be in a position to assist them financially rather than help the Banks/DCA's. This is the reason I wish to sort out what to do about the old debts.

Loring

[loring]

Could someone clarify the situation with respect to bank charges. I have 2 defaulted credit cards, I dont think I had any charges on them until I defaulted. Since the default it appears that each year the debt on each account goes up but I was told the interest was on hold. So are these some sort of charge either levied by Capital One Bank/Capquest and Wescot who state they have bought the other Debt from RBS debt in total. If this is the case am I allowed to claim back these charges. Please note these were only applied after I defaulted on the payments. I am still waiting for the CCA'S but should I proceed with SAR'S to confirm what the charges are. Looking through the forum I am am not sure if I will ever get the CCA'S as the cards were taken out around 1995. I dont want to spend £20.00 for SAR'S if there are no contracts

Be glad to have some advice.

[gezwee]

Hi Loring

 

1.Pension fund, assume this is annuity purchase. Returns are pretty poor at the moment and you'll possibly be looking to take close to maximum lump sum at earliest opportunity. Would suggest it would be prudent for you to take some legal guidance on this matter. I am unsure if they could seek any security against the fund as it stands but best guess is that they would look to seek a charge over any future benefit it provides.

 

2.Credit cards - given the age of the accounts its probable that the original creditor will have destroyed history by now so SAR will throw up nothing in your favour, never say never though,so if you do want to invest the £20.00 and can afford it it wouldnt do any harm.

I think you will need to SAR the DCA's involved as this will highlight where the charges have arisen from - could honestly be anything, some seem to infer that interest has halted but it suddenly reappears from day 1 on reaching litigation.

 

Hopefully, unless you signed anything from the DCA's, the OC having destroyed your history file would not have passed anything remotely resembling an agreement to them. Would sit tight and wait, if they come back with nothing they can ask for nothing.

 

Good luck

 

Gezwee

[loring]

Hi everyone

I have received this letter from Wescot after I sent them a CCA request and a SAR about an old account I had with Goldfish. I enclosed the ststutory fees when I wrote to them. When I could not pay the required monthly payments to Goldfish they agreed a much reduced payment but then they closed the account and sold the debt to Wescot. Wescott immediately put a default notice on my credit file although I still made the reduced monthly payment to them.

It would appear from the Wescot's letter they have no information on the account and all they have sent me is a statement showing how much I have paid them since 2005.

I wouls appreciate some feedback from the experienced posters on the forum as to how I should respond to the letter. I would like to tell them payments to them are now ended are now finished and I wish to reclaim bank charges.

I attach a copy of the 2 page letter

 

http://img98.imageshack.us/img98/8761/img007mvh.jpg

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[cerberusalert]

The SAR should have gone to the original creditor, Wescott will have very little information.

[loring]

Hi

Goldfish assigned the debt in total to Wescot who wrote to me in 2003 to say that all payments, correspondence and queries had to be sent to them. One of the requests I made to Wescot's was to supply me a copy of the deed of assignment so that I could confirm they now actually owned the debt as they previously told me.

Should I now send another SAR to Goldfish

 

Loring

[cerberusalert]

Yes because they would not have passed that data to Wescot, Goldfish are required to keep the information for six years after the a/c is closed under the Data Protection & the Money Laundering Acts.

[loring]

Hi

Thats interesting since the 6years runs out in November this year should I let things be till Goldfish get rid of the information they may have and then the debt would become unenforcable as no one would have any records

Loring

[angry cat]

Yes because they would not have passed that data to Wescot, Goldfish are required to keep the information for six years after the a/c is closed under the Data Protection & the Money Laundering Acts.

 

Pity, that RBS do not follow these rules!!!!

 

AC

[loring]

Hi

Can anyone direct me as to where I can find the address for Goldfish Credit Card as I need to to send them a SAR and a CCA request. I have been looking through the forum and done a google search and cannot find it

Loring

[gezwee]

Hi Loring

 

I'd be inclined to use the address listed on the information commissioners website. It is incumbent upon all data controllers to notify the ICO of any changes of address.

 

Pretty sure Goldfish is just a Barclaycard trading name now.

 

Just had a look and the ICO sites down until Monday the 10th August. Wouldnt do any harm to call them on 01625 545740 to confirm you have the correct address.

 

Gezwee

[gezwee]

Loring

 

Meant to add.......... Try reading through Wescotts response again -

 

No, they do not have a compliant agreement, regardless of Eggs duties to year 6 do you not find it odd that on transfer of all rights during 2003 Wescotts did not request copy to allow them to enjoy future rights?

 

It is only your goodwill to date that has allowed them to enjoy any collection activity.

 

Old statements........... old hat, they always throw this one in - what old statements have you received, what evidence is there to support this?

 

Deed of assignment..... you can only usually press for this at court, best to ask for notice of assignment in SAR.

 

I think you need to take a step back and look at everything carefully, if a stranger writes and asks for money every month but cannot provide evidence of debt would you be so quick to pay them?

 

Be assured this won't go away, like most DCA's they'll keep on and on, very much depends on you and how you react to threats from nobodies.

 

As you've already stated, you have nothing they can seek security of.

 

You only have to note their cringeworthy begging request for your signature to understand what they are all about......... they've corresponded with you and taken your money since 2003 but at the first sign that you may be fighting back they need your signature!!

 

Up to you how you play it, if its a case of a £1.00 a month for a quiet life and no expectation of litigation by all means carry on. If on the other hand its constant threats and pressure to pay more to a debt which legally may not exist you need to ask yourself if you are up the task of contradicting their every correspondence and being assured enough to put the phone down on them every time they call.

 

Gezwee

[loring]

Hi Gezwee

I will continue to pay them the nominal £2.00 per month and if they start pushing again for more money or a settlement I will go for unenforceability with no money because I dont think the agreement will be found

 

Loring

[gezwee]

Hi Loring

 

Don't think anybody would fault you for taking this stance.

 

Its a minimal sum for a minimal risk and at your tender years I'd be inclined to take the soft option too.

 

If you ever feel threatened get straight back on here or PM me and I'll help you set the world to rights :grin:

 

Don't forget to protect that pension fund and seek some guidance, last thing I want is to see the kids suffer because of a greedy DCA sneaking in by the backdoor....... pretty sure its a simple sign off to secure any future benefit to the kids but ask fund manager/s for info and they'll happily supply.

[loring]

Hi

I requested a copy of my credit agreement form Mint (RBS).I have received this letter and the attachments which are attached. The letter is written in language which I find difficult to interpret.I think they are saying that this is the copy of the original agreement. I have made some observations which are as follows:

The page which looks like an application form appears to have banner at the top which shows a Visa box on one side and RBS Advanta box on the other side. If you look closely at this area of the form you can see a faint line accross the page which suggests that maybe this section has been cut and pasted on the form. The print in the bottom left hand side of the form is minute an blurred, but with a magnifying glass it reads in the Data Protection that this is a "form" whilst inthe box below that it states that it is a credit agreement. Can this page be both things.

The other pages of terms and conditions appear to be dated around 2005 as the credit limit quoted £6100 was the limit at that time. The print on these documents is also minuteand blurred, but with a magnifying glass I can see terms and interest rates which look like the prescribed terms. I need someone to look at the this and if possible confirm whether it is indeed a true copy of the origanal agreement. My signature and the other information given by me on the "application" is all correct.

I also note that 2 pages of the terms are copied in landscape and look like they are part of a brochure which is folded 3 times, while the other 2 pages are printed in portrait and come from another document.

 

 

 

 

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[gezwee]

Hi Loring

 

Looks like an application form to me but I'm no expert on your position with this.

 

Best bet would be to PM one of the site team to bring to their attention or try creditcardmug who's pretty good at this stuff.

 

Personally, I know what I would do but whats good for me may not be suitable for you or your circumstances.

 

Whatever happens at least you have found this site so know your rights and can stand up for yourself.

 

Hope you get the answers you need and wish you the best of luck with whatever choices you make.

[loring]

Hi

I have been making token payments of £2.00 per month on my RBS credit card for 4 years. Every 6 months they ask me to complete a financial statement, which I do. I have now received a letter from them asking for a financial statement, a medical certificate and my mobile phone number. Do I have to provide them this information.

Loring

[cerberusalert]

Do I have to provide them this information.

A resounding NO.

[cerberusalert]

Have you disputed this a/c yet? Because what they've sent you is not worth the paper it's printed on.