A.I.C are coming to get me

[voxvox]

I took a loan out with Lloyds TSB, approx 2 years ago, for £14000. I paid back 3700 of it, but, struggled with the repayments, and entered into a repayment agreement of a lowered monthly amount.

 

i have since missed payments and Lloyds have declared it "bad debt" - i am now receiving letters and (numerous) phone calls from Mr Hamilton at A.I.C. demanding full settlement of the outstanding (10k) for a knock-down price of half (5k), or face legal proceedings.

 

I was made redundant last year and now earn a LOT less. I have explained this to them and have spoken to CCCS (i have a counselling session with them tomorrow) and they told me to inform A.I.C of this impending session, and that after i will be in a position to offer an agreed amount.

i spoke to Mr Hamilton, told him this, gave him my CCCS reference number, and then today, recieved another, differently worded letter, telling me that its final, unless i pay it all immediately, monthly amounts are going to be taken from my wages, directly through my work, via a court case (and i will have to pay the cost of taking it to court)

 

i do not want the embarrassment of this, and desperately want to avoid my work being made aware.

 

I dont know what to do.

I spoke to the CCCS again, and they said to again state to Mr Hamilton @ A.I.C that i will make a suggestion of payment AFTER my counselling session. He is not happy with this, and insists its too late now for any other outcome.

i know i owe money, im trying to get help. but i feel like topping myself.

any help would be hugely appreciated, and the sooner, the better.

[maroondevo52]

Hello and Welcome, voxvox.

 

I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.

[jimdev1976]

Hi, i am sure there wil be people along very shortly to help you in more detail, however to calm you, that guy is probably lying . Never speak to these people on the phone. you insist on everytihng in writing.

Edited July 27, 2009 by maroondevo52
Removed inappropriate words and re-jigged the sentence a bit

[berrylover]

Relax. People who work for companies like AIC are paid to collect money, they get bonuses for the amount they collect. It is not too late to sort this all out.

 

Send AIC this letter, unsigned (as some debt collectors have been known to forge signitures on documents) and by recorded delivery, with a £1 postal order enclosed asking for a copy of your original consumer credit agreement. AIC then have 12+2 working days to respond with the agreement, or the debt becomes unenforcable until they do.

 

NEVER, talk to them on the phone. They are professional bullies for a living.

 

 

 

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY.

 

 

 

Re:

 

 

Dear Sir,

 

With reference to the account above I would be grateful if you could send me a copy of the signed credit agreement.

 

I understand that under the Consumer Credit Act 1974 (sections 77-79); I am entitled to receive a copy of the credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand that a copy of the credit agreement should be received within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Please treat this also as a formal complaint, and send me a copy of your company complaints procedure.

 

Be advised that any further telephone calls from your company will be recorded.

 

I await your written confirmation that this matter is now closed.

 

Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

 

 

I look forward to hearing from you.

 

 

 

 

Then go and make yourself a cuppa and relax. When they reply, and they might send a few threatening letters post them up here and we will help you again.

[the_shadow]

Hi voxVox,

 

You state the loan was taken out approx 2 years ago, its key that you know the date... was it after April 2007.

 

As to AIC, as other people have mentioned they are on bonuses for getting money paid fast, they dont care about you or your situation.

 

If you have informed them that you are speaking to a debt counselling service then they need to give you 30days cooling off period as the government agreed with the industry a couple of months ago.

 

Keep everything in writing, they will never threaten you in writing like they do on the phone and get that S77 CCA request off that berrylover has supplied.

 

S.

[Azuma]

I took a loan out with Lloyds TSB, approx 2 years ago, for £14000. I paid back 3700 of it, but, struggled with the repayments, and entered into a repayment agreement of a lowered monthly amount.

 

i have since missed payments and Lloyds have declared it "bad debt" - i am now receiving letters and (numerous) phone calls from Mr Hamilton at A.I.C. demanding full settlement of the outstanding (10k) for a knock-down price of half (5k), or face legal proceedings.

 

I was made redundant last year and now earn a LOT less. I have explained this to them and have spoken to CCCS (i have a counselling session with them tomorrow) and they told me to inform A.I.C of this impending session, and that after i will be in a position to offer an agreed amount.

i spoke to Mr Hamilton, told him this, gave him my CCCS reference number, and then today, recieved another, differently worded letter, telling me that its final, unless i pay it all immediately, monthly amounts are going to be taken from my wages, directly through my work, via a court case (and i will have to pay the cost of taking it to court)

 

i do not want the embarrassment of this, and desperately want to avoid my work being made aware.

 

I dont know what to do.

I spoke to the CCCS again, and they said to again state to Mr Hamilton @ A.I.C that i will make a suggestion of payment AFTER my counselling session. He is not happy with this, and insists its too late now for any other outcome.

i know i owe money, im trying to get help. but i feel like topping myself.

any help would be hugely appreciated, and the sooner, the better.

 

Man, it's a shame to see someone so upset due to the shocking tactics of DCA's.

 

First off, do not be intimidated by these people, it's ALOT easier to deal with them in writing, plus you have a papertrail and documentation of proof of what has been discussed, there is a template you can send which states they can only contact you in writing on the forum somewhere.

 

Second, IF this did go to court (not likely) the judge will realise your circumstances (i think they get you to do a 'means test') in which case you will only be obliged to pay back what you can afford.

 

If i was you, i would reuqest they only deal in writing from now on, this way you can post any responses up here for people to get a better understanding of where you are.

 

In conclusion, DO NOT get worked up about this, people on this forum are pretty much all in the same boat, the only difference is that they have learnt not to fret needlessly.

 

Send a letter asking them to deal only in writing, then you can write to them requesting that they accept an agreement of monthly installments, if they then refuse, you have something to take to court (should it come to that, unlikely though) to show the judge you HAVE tried to resolve the matter, but the DCA were not willing to accept an agreement that was within your means.

 

You should not feel like you need to harm yourself, believe me this WILL work itself out one way or another, in my experience the people on this site are invaluble sources of information.

 

Good Luck, and i hope this has somewhat calmed your fears.

 

Any one else able to expand?

 

Az

[voxvox]

thanks guys.

i appreciate your speedy assistance. i feel so trapped, and mentally, not in a great place - all because of Mr Hamilton @ A.I.C

 

I will send that letter to him in the morning - as of this thursday i am not going to be around for the best part of two weeks - will i need to speak to A.I.C within that 12day period...??

And is anything stopping them from just calling Lloyds and ask for the correct consumer credit agreement?

[Azuma]

You do not need to do anything within the 12 day period Vox, it's their responsibility to respond within that time.

They might contact Lloyds, but i have found that 99% of the time, they cannot get the CCA, just send the letter and let us know when they respond, we can help you more then.

 

In the mean time, DO NOT WORRY!!! it's a typical tactic to scare people into paying them, happens all the time Vox, just chill out and await a response ok?

 

Az

[berrylover]

thanks guys.

i appreciate your speedy assistance. i feel so trapped, and mentally, not in a great place - all because of Mr Hamilton @ A.I.C

 

I will send that letter to him in the morning - as of this thursday i am not going to be around for the best part of two weeks - will i need to speak to A.I.C within that 12day period...??

And is anything stopping them from just calling Lloyds and ask for the correct consumer credit agreement?

 

You never need to "speak" to Mr Hamilton again. Once they receive that letter if they phone you then that is harrassment. You have asked for them to deal only in writing now, you will find that their bully boy tactics are a lot more diluted when you have written proof of what they say.

 

They will probably send you letters saying "we MAY take you to court" etc, but the key word is "may". They won't in most cases.

 

Lloyds will not do anything now, they have sold the debt to AIC and so its not their problem anymore.

[Azuma]

You never need to "speak" to Mr Hamilton again. Once they receive that letter if they phone you then that is harrassment. You have asked for them to deal only in writing now, you will find that their bully boy tactics are a lot more diluted when you have written proof of what they say.

 

They will probably send you letters saying "we MAY take you to court" etc, but the key word is "may". They won't in most cases.

 

Lloyds will not do anything now, they have sold the debt to AIC and so its not their problem anymore.

 

SNAP!!

 

Vox, as people have said, do not fret, i know it's a scary thing, i have been there myself, when my son was only a week old i got responses like that from DCA's. Thanks to good advice on this site, i was able to get on with my life, be a dad, work, and be happy again.

 

You need not worry, it's like a croc with no teeth, looks scary but has nothing to back it up.

 

hope this settles the stress a little.

 

Az

[berrylover]

I was there two, 13 months ago. Was ready to chuck everything in. Now I phone Debt Collectors up for a laugh because I know that they are toothless. I even took one to court myself in December because they harrassed me and didn't have any proof I owed the debt (they had the wrong person but wouldn't leave me alone) and won!

 

This site and others will empower you to not be intimidated by people like "Mr Hamilton" who has absolutely no right to make you feel like this. We have all been where you are now, and we are taking control.

 

Get that letter sent away tomorrow, and let us know what they send you back.

[voxvox]

Shadow - i believe i took the loan out in April or may 2007. will have to check for certain. may i ask why?

 

Az, You have no idea how much it "settles the stress"

 

if i could personally shake your hands right now (all of you) then i would.

i feel a million times better already.

is it normal to suddenly feel a bit stupid for getting so worked up!?

 

this site is a lifesaver, in so many ways.

i will continue to keep you all updated with my situation

[berrylover]

Cool. Don't worry too much about the dates. Lets see what AIC come back with eh. In the meantime, chill. Just think, you never need to speak to Mr Hamilton again, and even if he does phone you, you can simply put the phone down on him. Happy days!

[voxvox]

If you have informed them that you are speaking to a debt counselling service then they need to give you 30days cooling off period as the government agreed with the industry a couple of months ago.

 

S.

 

 

Can anyone elaborate on this please!?... the 30day cooling off period.

where can i find info on this?

[Azuma]

Shadow - i believe i took the loan out in April or may 2007. will have to check for certain. may i ask why?

 

Az, You have no idea how much it "settles the stress"

 

if i could personally shake your hands right now (all of you) then i would.

i feel a million times better already.

is it normal to suddenly feel a bit stupid for getting so worked up!?

 

this site is a lifesaver, in so many ways.

i will continue to keep you all updated with my situation

 

I'm glad you feel better Vox, it's payment enough that we can help i'm sure all will agree with me there.

 

don't feel stupid for being worked up, the important thing is that you have taken a pro - active approach to this, i'm just glad we can help.

 

with regards to the cooling off period, i believe this refers to the DCA having to give you this grace period to get your affairs in order, not sure how much anyone can elaborate on this.

 

The main thing is to send everything people have mentioned on here and see what they come back with, that way we can all be in a better position to help further.

 

In the mean time, please do not worry! nothing will happen in the interim, they might try and scare you into thinking it will, but as mentioned previously, the subtle use of the word "May, and Could" is their way of hiding the truth. Which in most cases, is that they haven't got a leg to stand on, but would advise you otherwise.

 

By the way, if you lived near me mate, i'd take you out for a pint to chill (on me of course! lol) the "hand shake" would be un-necessary :D:D

[the_shadow]

Can anyone elaborate on this please!?... the 30day cooling off period.

where can i find info on this?

 

BBC news website... hope its ok to link here

 

BBC NEWS | Business | Debtors get 'breathing space' vow

 

 

As to the date of the agreements, its just that post April 2007 CCA2006 changes requirements on the creditor.

 

S.

[voxvox]

Az - thats too kind mate, really. (im a cider drinker anyway )

 

you're all restoring my faith in human-kind - no one ever seems to want to help others these days, its testament to yourselves that you are on here offering guidance and help without even declaring your own real names - proof itself that it is not being offered merely for any selfish reason. And it shocks me that decent human beings like yourselves are also ones who have been treated in the same manner that i have with creditors etc.

 

i cant thank you all enough.

 

im going to look into this 30 day cool-off and see if it can help buy a bit of time - as i said, i wont be here for a while.

and when im back, if i post back on here with Mr Hamilton's responses, I hope you are all as forthcoming as you have been today. Something tells me you will be.

[Azuma]

Az - thats too kind mate, really. (im a cider drinker anyway )

 

you're all restoring my faith in human-kind - no one ever seems to want to help others these days, its testament to yourselves that you are on here offering guidance and help without even declaring your own real names - proof itself that it is not being offered merely for any selfish reason. And it shocks me that decent human beings like yourselves are also ones who have been treated in the same manner that i have with creditors etc.

 

i cant thank you all enough.

 

im going to look into this 30 day cool-off and see if it can help buy a bit of time - as i said, i wont be here for a while.

and when im back, if i post back on here with Mr Hamilton's responses, I hope you are all as forthcoming as you have been today. Something tells me you will be.

 

Always mate, hopefully by the time you get back they would have responded (you'll notice the wording is a lot more relaxed) in which case, post it up here and we can provide more assistance.

 

Have a nice RELAXING time wherever you are going to be for two weeks, do not think about this at all Vox and we'll look forward to giving you more ammo

 

best of luck buddy.

 

p.s. i'll get the cider ready

 

AzumA

[the_shadow]

p.s. i'll get the cider ready

 

AzumA

 

 

MMMMmmm did someone mention cider

 

S.

[Azuma]

MMMMmmm did someone mention cider

 

S.

 

Of course you'll be invited also Shadow, it'll be a Caggers meeting or something? lol

[berrylover]

Can you move it up North though. I wanna come too.

 

Get the letter posted before you go. Then you know that by the time you get back its being dealt with.

[voxvox]

Hi all. I'm back. Hope you are all well, ive had a lovely break and now its back to reality.

I got home to ZERO horribly worded letters - never thought it were possible!

Further to the letter i sent them (thanks berrylover) A.I.C have NOT sent me a CCA - the only response i got from them was a copy of their complaints procedure.

What do i do now?.......

[the_shadow]

Hi all. I'm back. Hope you are all well, ive had a lovely break and now its back to reality.

I got home to ZERO horribly worded letters - never thought it were possible!

Further to the letter i sent them (thanks berrylover) A.I.C have NOT sent me a CCA - the only response i got from them was a copy of their complaints procedure.

What do i do now?.......

 

Enjoy the quiet

 

S.

[voxvox]

enjoy the quiet! excellent! do i wait for them to respond?

im speaking with the cccs tomorrow regarding repayment plans - what should i tell them!? Can A.I.C still enforce the debt?

[the_shadow]

enjoy the quiet! excellent! do i wait for them to respond?

im speaking with the cccs tomorrow regarding repayment plans - what should i tell them!? Can A.I.C still enforce the debt?

 

Until they respond to the s78 request its unenforceable... however once/if they do respond then as this agreement is likely to be post April2007 it will not be covered by the "missing prescribed terms" as pre-april 2007 agreements, thus if they have something with your signature on it, that'll be enough to make it enforceable.

 

s.