repayment programs

[garythai]

i agreed a repayment program with newmans who were acting on behalf of RBS , i rang them to make the first payment on the agreed date and was told they are no longer dealing with this matter, the debt had been taken from them by a company called ALLIED INTERNATIONAL CREDIT UK LIMITED.

i rang these people who demand instant settlement of the outstaning debt no ifs or buts.

Please if anyone can advise me as to what to do as i need to give them an answer tomorrow 7/12/2009 i have only just found this site and am panicing as i had allready made an aggreement to pay newmans and knew nothing of this other companies involvment untill last thursday 3/12/2009 any advice much appreciated.

[cerberusalert]

What type of debt is it?

[garythai]

sorry i do not undestand this reply

[cerberusalert]

Is it an overdraft, loan or credit card etc.

[garythai]

sorry its a credit card debt

[cerberusalert]

Send AIC a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

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 provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

You should also note that I will only discuss this matter in writing and 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 or any of your associates.

 

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. (Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign

[garythai]

why can someone else intervene when i have made an aggreement to pay on a plan ? i am worried what this new compay are going to do the guy i spoke to sounded quite overbearing

[garythai]

thankyou for that info but he insisted he wants a decision tomorrow evening can i send £1 cheque with a copy of this letter in the morning and if so what do i tell him tomorrow when i have to speak with him i am worried this is to short notice and what they will do

thanks again.

[cerberusalert]

The person you spoke to is a Debt Collection Agency & you should never speak to them on the 'phone everything should be in writing so you have a nice paper trail because, shall I say, they can be somewhat economical with the truth when it comes to what powers they have, what they can do etc. Plus the fact that they will threaten, bully & cojole you into making payments which you cannot afford.

 

The letter above is asking them to prove the debt exists, they have the authority to collect & that it is enforceable. If they cannot do that you can legally withold payments.

 

Have you received a Default Notice & Termination Notice from RBS?

[cerberusalert]

thankyou for that info but he insisted he wants a decision tomorrow evening can i send £1 cheque with a copy of this letter in the morning and if so what do i tell him tomorrow when i have to speak with him i am worried this is to short notice and what they will do

thanks again.

If they 'phone tell them you have written to them & from now on you will only communicate with them in writing then hang up.

[cerberusalert]

can i send £1 cheque with a copy of this letter

A postal order is better, in that way your signature cannot be used for any 'photoshop' purposes. Do not sign the letter either.

[garythai]

hi i am not sure of termination notice as i lost the plot with all the paoer work going through my hand this last year ,if i just write my name on cheque and not sign would this be ok so they can not reproduce signiture ?

[cerberusalert]

If you do not sign a cheque it would be unlikely that your bank will honour it.

[cerberusalert]

hi i am not sure of termination notice as i lost the plot with all the paoer work

Did you keep the Default Notice?

[garythai]

thankyou for your help i will do as you say with postal order but do you think the time scale is to short ?

[cerberusalert]

you think the time scale is to short ?

Nothing is going to happen immediately, DCAs go through a well known series of threatening letters over many weeks before anything will happen.

 

Just concentrate on getting the CCA for now.

[cerberusalert]

Just to explain further, the people like the telephone monkey you spoke to are on commission so it's in his interests to get as much money as fast as possible from you. Obviously he will use every tactic imaginable to try & get your bank details, credit card/direct debit card etc., so you must not give them. If it comes to the point where you have to arrange a payment plan this must be done using Standing Order only. In that way you control how much is taken from your a/c not them. It is not unknown for people to arrange DDs only to find that their a/cs have been cleared out.

[garythai]

thank you for all your help i have the letter typed up and it will be sent in the morning recorded along with the p/o, i will let you know on here what comes back from this as soon as i receive something back .

thanks again

gary.

[Undercover-Elsa]

Hi Gary,

Welcome to CAG

Sound advice above from Cerberusalert.

Just to reiterate- don't be intimidated by these people. Once you've read more on here you'll realise just how much they do lie, cheat and do anything on the phone, to try and trap you into paying. It IS lies however, which is why it's crucial for you to keep everything in writing from now on, as they have to abide by the Office of Fair Trading Debt Collection Guidelines.

It is up to them to prove you owe the debt and that they have a right to collect it.

 

So, ground rules:

• NEVER EVER discuss it on the phone. Refuse to go through security questioning and tell them you will only communicate in writing from now on.
  
• Don't worry!! - despite what they may threaten, they cannot come into your house, take your property or send Bailiffs. (Not without a County Court Judgement and then only if you fail to pay what the judge agrees you can afford). They rarely take court action for this reason- they try and get MORE than the judge would order by bullying you instead.
  
• Start a folder and keep a record of everything. All letters sent, and all letters received, including envelopes (staple them on)
  
• Never sign any correspondence. Hand print your name.
  
• Keep us posted on here for help and support every step of the way
  

Well done for starting to take control.

 

Shout if you need any more help

 

Elsa x

[garythai]

hi guys back again just had a reply from the letter i drafted last week on cerberusalert i will attempt to attach it here for your expert advice, thanks again

gary

[garythai]

this seems to have come out small i hope someone can read it

gary

[cerberusalert]

Can you upload it to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting and then copy & paste the url back here?

[garythai]

don't know if i've done this right but here go's

hope this is it

[garythai]

thats got it hope this helps

[garythai]

ps my letter was dated the 6th not the 10th as they have put