Interim Orders??

[Tigi]

I have a debt from a previous marriage which I was unable to keep payments up with in 2005, I came to an agreement with the credit card and loan company via a Debt Collection Agency called Rockwell. They accepted my offer of £10 per month on each account, the letters accepting this showing amounts of £2839.01 and £15681.05 both of these together come to £18520.06 of which I have been paying since November 2005 and have paid £960 back. Bearing in mind this has been acceptable with Rockwell up until now and I recently received a letter out of the blue from a company called Fenton Cooper who are apparently a sister company of Rockwell demanding full payment of the debt but now the debt stands at £18843.88 which is more than it was before and they havent taken into consideration my payments made to Rockwell. When I phoned and questioned this they said that they were no longer happy with the amount that I was paying and are obtaining a Interim order against my property unless I paid the debt off in full in 5 days or if I paid it back over two years at £750 a month which I dont have, I explained this to them and offered to pay £65 for 25 Years which would get paid off in my lifetime and when I was no longer on maternity leave I would arrange to increase payments. They have rejected this and said they are still going to obtain a Interim Order on my property, this isnt a CCJ and was only a agreement set up with Debt Collections I have never defaulted either. They also said that they were putting monthly interest on and thats why the amount had now gone up they were never doing this for the past 5 years either.

 

Please can you confirm where I stand on this and how I stop this happening as this has caused major upset to myself as I am trying everything possible to stop this from happening by offering more money, bearing in mind that this house im in isnt solely mine either and belongs partly to housing assocation and has no equaty in it even if they did force me to sell it. I dont know if anyone has template letters either

 

Thanks

[dx100uk]

hehe..... welcome to the world of DCA's......

 

firstly NEVER TALK TO A DCA ON THE PHONE.

 

they will threaten everything inc murdering your cat......

 

they have NO LEGAL POWERS. ignore them

request everything in writting only and putthe phone down.

 

you are under NO legal obligation to answer any of their questions.

 

as for the interest, thats unlawful for a DCA to add unless they have a CCJ, [which would not be in their name anyhow so will mean stuff all!]

and also they cannot add charges.

 

dx

 

has this debt every gone to court?

[Tigi]

Hi ya

 

Nope this debt has never ever gone to court as they replied to my letter back in 2005 and accepted my offer of payment of £20 a month seperated by both accounts, I have never defaulted on this agreement. However they have just realised that I will never pay it off in my lifetime and now want to secure it on my property as a Interim Order and are threatening to make me sell it via the courts unless I pay it off in two years, this has obviously caused major upset to me as I have a 9 week old son and a 4 year old.

[dx100uk]

well sadly they can threaten all they like, they can do nothing to you.

they certainly CANNOT get an interim order against your property, they are talking rubbish.

sadly thats one of the pitfalls of talking to DCA's on the phone, it can never be proved they said that.

 

now time to attack back.

 

i would fire off a CCA request to the little buggers

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

then sit back and wait for the 14 working days, cause i bet they wont have one, if they dont then you can stop paying...as simple as that!

 

doesn't make the debt go away, but it will make it unenforcable, and until they do produce a valid CCA they cannot go to court either..

 

good luck

 

and ignore those phone calls !

 

dx

[Huff&Puff]

Methinks their greed will be their undoing yet again, and are about to turn a regular payment into zilch

[Tigi]

okies so basically am I write in saying:

 

1. I have to have had a ccj on the debt

2. have to have defaulted before they can obtain my property

3. right in saying they cant do it as it was never a secured loan and was taken out before i even had a property

4. cant decline my reasonable offer

[Huff&Puff]

Unfortunately thy can do it. IMO it is completely wrong, but there have been many cases of them getting charging order on an unsecured loan

 

They do need to get a court order first though, and they won't get that without valid CCA, so send off the CCA request and see what they come back with.

[sillygirl1]

As you have a steady payment record that aca be used in your favour AGAINST them, their greed has sent yet another person to us and as the loan was from 1995 I bet the whole agreement (should one be found) is pretty much unenforceable...

[gezwee]

okies so basically am I write in saying:

 

1. I have to have had a ccj on the debt

2. have to have defaulted before they can obtain my property

3. right in saying they cant do it as it was never a secured loan and was taken out before i even had a property

4. cant decline my reasonable offer

 

Hi Tigi

 

You need to get the CCA request off first before even thinking about their idle threats.

 

One for each account, S77 for the loan and S78 for the credit card. Send recorded del, don't sign the requests just print your name and attach £1.00 postal orders to each.

 

Don't speak to them on the phone and don't get tied up in matters outside of the CCA. First and foremost they must prove an agreement exists, without this their claim would fail at the first hurdle.

 

No CCJ, no chance of a charging order.

 

Wait to see what if anything comes back and post it up here for some of the others to take a look at (remove identifiers first though).

 

If no response in 14 days send them the dispute letter for each account.

 

Entirely up to you then if you continue paying or not, they're not entitled to ask nor are you obliged to pay.

 

As for the interest charges, they would have to show an enforceable regulated agreement correctly assigned to them before applying anything to an alleged account.

 

Unfortunately for them it would be within the remit of a District Judge to decide and not one of their snot nosed chimps.

 

Gez

[dx100uk]

just remember:

no DCA can add interest NOR add any charges to any debt on their books [unless they have a CCJ in THEIR name & the CCJ specifically states it in the judges orders]

 

even if they have a valid CCA , its not their by name so again CANNOT add charges nor interest. ONLY the OC can do that

 

dx

[Tigi]

Hi Guys

 

Well ive been a very busy bee today:

 

Ive logged a case with consummer credit councilling service.

 

Logged a complaint with the office of fair trading and the financial ombusman who is going to write to them.

[dx100uk]

go on you

 

well done

 

dx

[Tigi]

Guys hows this letter

 

Please freeze all action on this account as I am currently in contact with Consumer Credit Counselling Service and I have an appointment with them on 20th October 2009. Reference 1291278.

I would also like to point out that I already have an agreement set up on this account with a different debt collection agency that are still taking payment and haven’t written to me to review my account nor stipulated that it has been taken over by anyone else, this agreement has been set up since 7th November 2005 and no default payments have been made.

I would like to inform you that I have made an extra payment this month to make it up to £65 a month to the debt collection agency in question. I have suggested on several occasions to the debt collection agency that I would like to make this offer so that the debt is paid within my lifetime and is currently all that I can afford at the present time due to me being on maternity leave, however I would like to point out that the amount that you are saying is not the amount of the debt either and interest was frozen at the point of the agreement with the debt collection agency that I am paying, because you are being unreasonable with me by claiming that I pay the debt off in full or pay it over two years which is not possible, nor is the agreement with yourselves I have contacted the Office of Fair Trading Ref SE773158 and the Financial Ombudsman Ref 8928297 who I believe will be in contact with you shortly.

I would also like you to provide a true copy of my original agreement (CCA) together with any other relevant documentation within 14 days of this letter under the s.77(1) consumer credit act 1974. 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 previsions of s.77(6) will apply.

[bigegg]

Too much info.

 

Forget about ANYTHING which you have paid, or been said in the past, just send them someting like:

 

I ACKNOWLEDGE NO DEBT TO YOUR COMPANY.

 

Please supply me with any Credit Agreement relating to this ALLEGED debt.

I enclose £1, which is the statutory fee under the consumer credit act 1974.

I am aware you must reply within 12 days of receipt of this letter.

 

DO NOT ADMIT YOU OWE ANY MONEY from this point on - you are trying to make THEM prove you owe it.

[bigegg]

If they don't reply in 12 days, (+ 2 for postage, and it's working days - mon-fri). Then you stop paying. If you can go six years without paying or acknowledging the debt, then it becomes "statute barred", and no court can force you to pay (whether they find the agreement or not).

The sooner you refuse to acknowledge the debt, the sooner it will go away.

If they send you the CCA, you'll be no worse off than you were, PLUS you have consumer action group on your side.

 

but really: DO NOT ACKNOWLEDGE THE DEBT, SEND THE CCA REQUEST

 

and don't talk to them on the phone. EVER