Under siege from collection agencies

[Giveitblackmore]

Hi there - my first post and not my happiest! If I may explain my situation.

 

My financial situation has suddenly taken a turn for the worst and I find myself unable to keep up repayments on my six credit cards.

 

I took advice from CAB and wrote a holding letter to all my creditors including my bank to ask them to fill out the CAB creditors questionnaire and send back the original credit agreement that I have with them. Only AMEX returned the form and noone the credit agreement. I sent another letter requesting the Credit agreement a week letter and nothing.

 

A couple of weeks later and after counsultation with CAB I prepared my financial statement and an offer of repayment - this was sent a week ago.

 

I have had nothing back from them as yet but plenty of calls from RMA/Mercers and Newman and Co.

 

I have managed to explain the situation to RMA and Mercers for MBNA and Barclaycard and they are holding off for the minute but Newman and Co have sent me a letter with a referral fee of over £1100 stating this was as detailed in the original credit agreement which was nine years ago.

 

I have written back to them ( I will not talk to them as they do not listen and have the bedside manner of a charging rhino) to explain that I have been following procedure and cannot agree payments until I have replies from all my creditors.

 

The CAB have been very helpful but I find myself in receipt of endless letters, default letters, collection agency threats on an almost daily basis and its wearing me down.

 

Can anyone bring their experience to bear on this and advise me on whether I am doing the right thing or not?

 

Thanks very much

 

GIB

[Undercover-Elsa]

Hi Giveitblackmore

Welcome to CAG

When you requested copies of the consumer credit agreements, did you make it a formal request under the Consumer Credit Act 1974, and enclose a PO for £1 with each request etc?

Is so, and they did not provide a valid signed docyument, then after 12 + 2 days you could legally have withheld payment until they did comply.

Have a look at our CCA template letter here and let us know if that's similar to what you sent.

Elsa xx

[Giveitblackmore]

Hi Elsa and thank you for your reply.

 

No it was nothing like this it was a request as part of an overall holding letter given to me by the CAB. Am I now able to send your letter?

 

Thanks again

 

GIB

[Undercover-Elsa]

Hi,

Right, you need to send one to each Credit Card or Loan Account. Don't give them your signature (they can get creative!) just send a PO, not cheque, for £1 with each and print your name on the letter .

Send recorded delivery and keep all the receipts as proof.

This is where you'll need to get really organised and write down on each receipt which account it relates to.

Start a folder with sections for each account and start keeping all correspondence (only deal with them in writing from now on).

Once the 12 +2 days has passed you can choose to withhold payment legally if you wish. (That's your choice) until they do. Send the requests to whoever is chasing you for the money at the moment, to make them prove they have the right to collect the debt.

This should give you some breathing space.

Congratulations on taking control

[Mrs E Blackadder]

Hi. I was in exactly the same position as you about 3 years ago. All my balances were being passed to the likes of Mercers and Newman & Co, but unlike you I did not have the sense to find this place! I could have saved thousands, and I mean thousands, if only I had known about things like CCA and SARs. Please listen to the advice given here and ask as many questions as it takes to sort things out, because believe me you really will be able to get things under control on your terms. It will take a bit of nerve to stand up to these DCAs and their tactics, but trust me when I say that you can when armed with the right information.

 

Please don't panic (easier said than done, I know) but you have taken a massive step in the right direction. You have already done the right thing by only communicating in writing. It doesn't guarantee that they won't still try to harrass you by 'phone, but it does mean that you have more of a leg to stand on if you want to then do them for harrassment.

 

Good luck. The people on here are an absolute mine of information and, when armend with information you will begin to find you have power

[Giveitblackmore]

Brilliant thank you very much Elsa. I'll post how I get on.

 

Should I send the letter to both credit provider and debt agencies btw?

 

GIB

[Undercover-Elsa]

It will also help if you look through your own old paperwork and try to find any letters from the original company headed Default Notice Under the Consumer Credit Act 1974 etc (plus envelopes they came in if still there) and any letters terminating the accounts. (If they didn't follow the rules re the Default Notice it's quite a strong card up your sleeve)

You'll need to start a seperate thread for each account once you start getting replies, to avoid confusion.

When you do, I'd recommend starting them in the debt industry forum HERE .

Anything else you need to know, just shout

[Undercover-Elsa]

Just send to whoever is chasing you for each one at the moment.

 

Another thing..are there likely to be unfair charges on these accounts eg overlimit fees etc? If so we can keep that as a backup plan for those that do manage to find the agreements

[Giveitblackmore]

Thanks Elsa - top advice!!

[Giveitblackmore]

Thank you Mrs. E Blackadder - I'm hoping the long winter evenings will just fly by!

[noomill060]

Hi giveitblackmore- I was also in the same situation as youself 3 years ago. CAG quite literally turned my life around. All my CC companies and their DCAs ran away screaming in the end.

 

Then I started to chase them for charges etc...

 

I suprised myself how ruthless, calculating and vindictive I could become...

[Undercover-Elsa]

LOL not suprising..it rubs off and you have to fight fire with fire .

I've toughened up no end since I came to CAG..after a sudden blaze of light and the realisation that you can't eat a clean credit file.

[Giveitblackmore]

Hi guys and again thank you so much for the advice you have given already.

 

I have sent off letters recorded delivery as recommended - I am continuing to be chased on the phone but am ignoring this.

 

Couple of things

 

Firstly I have had no responses from any of my creditors to my offer of payment sent two weeks ago - other than continued letters of default, statements etc.

 

Interestingly enough and independently of the latest letters I have just sent I have received today two of the original CCA's from MBNA and Nat West cards and a letter from American express saying that the CCA was enclosed but it wasnt!

 

Mercers are sending nasty nasty letters on behalf of AMEX threatening court action unless I settle the whole sum - this doesnt scare me but it is a bit confusing as to who to write to and how long all this will be held off as tey continue to ignore my letters!

 

If and when I get the CCA's or responses ot my offer of payment - what next?

 

What happens if I dont get a reply to my offers of payment - can they carry on and action their threats?

 

 

Thanks

 

GIB

[Giveitblackmore]

Just send to whoever is chasing you for each one at the moment.

 

Another thing..are there likely to be unfair charges on these accounts eg overlimit fees etc? If so we can keep that as a backup plan for those that do manage to find the agreements

 

Hi Elsa - yes there are over limit fees on a number of these accounts

 

 

GIB

[Giveitblackmore]

I sent account in dispute letters last week - still being hounded to death although ignoring all non written communication - in light of recent posts about CCA tactics - do I just hold tight and wait to see what their responses are?

 

Ta

 

GIB

[jetbags]

I sent account in dispute letters last week - still being hounded to death although ignoring all non written communication - in light of recent posts about CCA tactics - do I just hold tight and wait to see what their responses are?

 

Ta

 

GIB

 

 

Ok It's paper trail time....... you will need an A4 ringbinder and dividers as your going to start accumalating lots of paer ( evidence) which will hopefully secure your exit from these issues...

 

Right you have sent the account in dispute letters, good, that at least will hold off all enforcement untill proof is provided.

Now send them another letter stating that they do not have your permission to contact you in any way unless it is in writing, this will then go into your shiny new file....

 

Next send out the SAR and do not sign them whatever you do, signatures can be cut/pasted the same as pictures to show you signed something when you didn't !

Sit back and wait for the return of all SAR documentation, they have 28 days only so mark it on a calendar.

ANY communication from them must be logged in your file, if they call you on the phone, accept the call and then immediately hang up, do not speak to them. This will then show up on your phone bill and support a claim for harrasment/intimidation.

 

Scan all documentation very close, they love faking documents, check phone numbers, names etc etc to validate.

If you find anything suspicious keep it in the file it's worth gold to you.

 

At the moment that's all you need to be doing, when the SAR's come back let us know what the contents are and we will take it from there.

Accounts in dispute cannot be enforced/collected so ignore all the hot air threats they will give you, just keep ALL communications to prove your case.

Don't worry, they have a long way to go to prove anything, most companies cannot supply any info and after a while give up.

 

J.

[Giveitblackmore]

Thank you so much for your support - very much appreciated.

 

I have had one reply to dispiute letter from Newman and Co with regard to AMEX. Amex had previously sent me a signed application from (dated 2000) and a copy of a creit agreement unsigned hence my dispute letter.

 

Received this morning from Newman and co......

--------------

Further to your letter of 8th October regarding your alleged dispute

 

We note from our clients records that a copy of your application and the T's and C's peraining to this were in fact sent to you directly by our client on 22nd September.

 

As such we do not beleive that this account is in dispute nor has our client defaulted on their obligations

 

The debt is payable in full and legal action may be taken should a reasonable offer of payment not be forthcoming.

I trust this makes the matter clear

 

-------------------------------------------

 

Any thoughts?

 

GIB

[sillygirl1]

Write back stating that you have been advised by CAB to only offer £1 as a token payment, there is a letter in the templates here that you can use.

 

They are being very stupid if they do go for court action, you can prove by the paper trail that you have told them of your situation.

 

Under no circumstances offer anything other than a token payment to "them who shout the loudest" as it only makes them even more aggressive.

[Giveitblackmore]

Thanks Silly girl,

 

As I hve pointed out in other threads and to my eternal regret:eek: Before I discovererd the wonderful world of CAG - the CAB had advised me to do I&E and offers of payment to each creditor which I did. Newmans/AMEX have not responded at all to this. Does this affect my ability to do as you suggest with the £1?

 

Thanks

 

GIB