OK - now having to go it alone.... needing help.

[tigger725]

hello everyone.. I have posted on here a few times previously, but now am having to go it alone with regard to mine and my partners 4 debts (3 his, 1 mine)

i will try to keep it short and give information as required, as I dont want to be seen to be waffling..

 

My partner has 3 debts which he got into trouble with about 6 and half years ago... untill last year he was paying them off at an agreed amount.. Then I found this website, and realised that we really should check if the debts are enforcable.

 

His 1st Wescot, have now, after a CCA request (which never got any form of reply) and a Subject Access request (the one where you pay £10) have 'closed his account'.... so dont know where we stand on this??? these are people who have constantly chased him for 6 years, and have now just closed his account... just like that?? where does he stand on this?

 

His 2nd Link, after a CCA request, and them providing an application form, and after the SAR which he did receive some paperwork, but nothing like which was requested, has gone completely quiet... for a good few months now...?

 

His 3rd, Horwich Farrelly/Now Robinson Way, after a CCA request sent a letter stating that they would sent the agreement in due course, and then sent a letter stating that they 'could not provide him with the agreement'... then after the SAR got a lot of paperwork which included all thier records on file of any contact made and such, but then strangely dated AFTER his SAR, there is an email saying that this debt was due to '2 bank accounts and therefore isnt covered by the CCA?? Yet all other paperwork says unsecured loan all over it... I smell a rat perhaps???

 

Now mine... The halifax..... after a CCA request, they provided me with my original application form, and some newly printed terms and conditions... after the SAR they have sent statements and records but still same copy of the Application form... Which is an application form for a Visa card... which they changed (without my approval or informing me) to a Mastercard.. the debt i now owe is on the mastercard.. Is this significant at all?

 

They have chased me though thier in house people, and now they have set wescot on me, to which , after one letter from wescot saying 'by the way we have not taken over your debt'... I received a letter from a solicitor saying that if i dont contact wescot within 10 days they will advise wescot to take me to court.... After reading all on here.. I feel that a 'bemused' letter (as i've seen it called on here) should be sent to wescot... am i right in thinking this??

 

Up untill recently, I had a 'friend' who was charging us £50 a month to help us out with these debts, but after paying a total of £500 and just having this person draft the CCA request letters and the SAR letters, and not really anything much else, apart from 'telling' me what she could do, and how it will all go... I have decided that we had better go it alone... I dont have £50 a month to be throwing at someone who I felt was just keeping us 'there' till greater action was needed... I am upset that its come to this, as i really thought this person was a friend and wanted to help us... but I feel that we should be able to get all the help we need right here....

 

I am really nervous whats going to happen next with all of this, but I would love any advice, input and reassurance....

 

I will get back to everyone on here, and provide any info you need...

 

Thanks in advance... We are going to need your help..

 

Tigger

[dx100uk]

hello everyone.. I have posted on here a few times previously, but now am having to go it alone with regard to mine and my partners 4 debts (3 his, 1 mine)

i will try to keep it short and give information as required, as I dont want to be seen to be waffling..

 

My partner has 3 debts which he got into trouble with about 6 and half years ago... untill last year he was paying them off at an agreed amount.. Then I found this website, and realised that we really should check if the debts are enforcable.

 

His 1st Wescot, have now, after a CCA request (which never got any form of reply) and a Subject Access request (the one where you pay £10) have 'closed his account'.... so dont know where we stand on this??? these are people who have constantly chased him for 6 years, and have now just closed his account... just like that?? where does he stand on this?

 

it means they never had any right to collect money from you in the first, in otherwords, like all DCA's the were unlawfully fleecing you! the money went straight to their pockets.

 

His 2nd Link, after a CCA request, and them providing an application form, and after the SAR which he did receive some paperwork, but nothing like which was requested, has gone completely quiet... for a good few months now...? they know the game is up - no CCA = NO PAY

 

His 3rd, Horwich Farrelly/Now Robinson Way, after a CCA request sent a letter stating that they would sent the agreement in due course, and then sent a letter stating that they 'could not provide him with the agreement'... then after the SAR got a lot of paperwork which included all thier records on file of any contact made and such, but then strangely dated AFTER his SAR, there is an email saying that this debt was due to '2 bank accounts and therefore isnt covered by the CCA?? Yet all other paperwork says unsecured loan all over it... I smell a rat perhaps???

 

yep go with that.

 

Now mine... The halifax..... after a CCA request, they provided me with my original application form, and some newly printed terms and conditions... after the SAR they have sent statements and records but still same copy of the Application form... Which is an application form for a Visa card... which they changed (without my approval or informing me) to a Mastercard.. the debt i now owe is on the mastercard.. Is this significant at all?

 

They have chased me though thier in house people, and now they have set wescot on me, to which , after one letter from wescot saying 'by the way we have not taken over your debt'... I received a letter from a solicitor saying that if i dont contact wescot within 10 days they will advise wescot to take me to court.... After reading all on here.. I feel that a 'bemused' letter (as i've seen it called on here) should be sent to wescot... am i right in thinking this?? why not! confuse them....

 

Up untill recently, I had a 'friend' who was charging us £50 a month to help us out with these debts, but after paying a total of £500 and just having this person draft the CCA request letters and the SAR letters, and not really anything much else, apart from 'telling' me what she could do, and how it will all go... I have decided that we had better go it alone... I dont have £50 a month to be throwing at someone who I felt was just keeping us 'there' till greater action was needed... I am upset that its come to this, as i really thought this person was a friend and wanted to help us... but I feel that we should be able to get all the help we need right here....

 

I am really nervous whats going to happen next with all of this, but I would love any advice, input and reassurance....

 

I will get back to everyone on here, and provide any info you need...

 

Thanks in advance... We are going to need your help..

 

Tigger

 

should help

 

dx

[tigger725]

many thanks dx.... seems the only one 'actively' chasing at the moment is my debt with the Halifax... I just want to be ready for thier next moves, as I'm sorta out of my depth now its got to this point..

Tigger

[spamheed]

If you look at this logically, either the debts are enforceable or they're not.

 

If they are, then eventually they will produce all of the paperwork and take you to court and you will be ordered to pay an amount that you can reasonably afford.

 

If they are not enforceable, they will either hum and har for a while, offering all sorts of vague arguments to prove that the empty crisp packet they have produced is in fact the original agreement.

 

They will then either try to bluff you into giving up, try to pursuade a judge that they have a case, or they will continue to send their rubbish letters for a while and then sell the account on, where it will all start again.

[tigger725]

thanks spamheed.... so you are saying that this cant be sorted out? and this will just run and run ??

 

Nothing i've seen so far equates to an enforcebale agreement, and I will not be giving up... We would be more than happy to pay for legitimate debts, and should it ever come to that, we would pay them what we could afford per month. What we dont like is that esp in my other halves cases, he really cant remember how and why they started chasing him, esp link as these appeared some time after the other two. He had just gone through a messy divorce and didnt keep track of things, and in typical blokes style (sorry blokes) he cant remember many things I ask him about what happened....

 

I have issues with mine, as I applied for a visa card, and yet there is 2 aco****s showing on my halifax banking STILL.. the visa card that they have provided the application for (thier complicance with the CCA request apparently) and then the Mastercard of which the debt is on... ? I never applied for a mastercard, yet they changed it without my knowing.

 

Am hoping the people on here can help me work out what to do next..

 

thanks

 

Tigger

[lickthewallfatboy]

things to tend to drag on when it comes to DCA's

 

you just develop a thick skin and they eventually go away

 

once you clear the 6 years without acknowledgement,they haven't got a chance,even if they had one to begin with

[tigger725]

thanks lickthewallfatboy (what can i shorten that to? lol)...

 

When you say without acknowledgment ? what exactly is that?..... does that start from the CCA request date? or do you have to put that in writing?

I've heard of this 6 years thing, but i thought that was 6 years from the last default noted on your credit file??

 

I just want to do things in the right way, as if in the future, there was something that I should have done, and didnt... we would be kicking ourselves....

 

Thanks again..

[dx100uk]

the 6yrs statue barring clock starts ticking from the last date 'you' made a financial transaction on the A/C.

 

dx

[tigger725]

thanks dx for clarifying...

[lickthewallfatboy]

or acknowledged the debt in writing

 

and you can call me LTWF

 

most round here do!

[tigger725]

thanks LTWF.. hehe..

 

we payments stopped about 15-18months ago... and i will have to check my letters for if it was stated that we did not acknowledge the debt...

 

Can anyone direct me to a decent 'bemused' letter to send to Wescot for my debt... ie i have CCA'd halifax and they have not complied, yet they are still touting my debt around for collection, when they shouldnt be??

 

Have had some very funny letters from RW tho... its nearly christmas, offer of whtever you pay to them, they will same amount off... ie pay off debt for half its value..

 

Thanks so much for your help everyone... its good to know we are not alone..

 

tigger

[dx100uk]

no cca = no pay!

 

as for the rest, if they are offering discounts, then that only means one thing.........they have no rights to demand anything....

 

dx

[tigger725]

thanks dx... just been reading up on OC selling debts on to DCA's... I have not responded to Wescot or any other in house DCA's , I have always (but not for months now) dealt with the halifax... upon reading these other threads, it says that once a debt is sold, then you are not to acknowlegd anything with the DCA's as this forms a contract with them... How does my other half stand on this, as he DID agree to a payment plan with them, of all he could afford at the time. Even though we have done a CCA requesto n his 3 DCA's and none hvave complied, are all his debts still enforceable as he verbally entered into an agreement with his DCA's at the time?.... I'm a bit confused now... are we to find out if the DCA's collecting his debts are doing so legally, ie if they can prove that they have purchased them? or is the CCA enough, even though my other half has acknowleged the debts years ago?

 

thanking you

tigger

[dx100uk]

matter not what he has said or done, anyone, be it a dca or the oc NEEDS a enforceable CCA to legally collect on a debt.

 

as for this ........forming a contract...wherever that came from is utter bull..

 

dx

[tigger725]

ooh ok thanks dx...

 

Do i need to CCA request Wescot now though, even though I have already CCA'd the Halifax? or does my original CCA to OC count?

 

Tigger

[dx100uk]

not needed then

can you scan it up via photobucket removing pers inf?

let take a look see if it is enforceable.

 

dx

[tigger725]

hiya... try this link.. this from when i originally posted here last year.. let me know if it works..

 

http://i373.photobucket.com/albums/oo171/tigger72/applicationforum.jpg

 

thats all i received, and a new printout of terms and conditions.

 

let me know what you think..

thanks

tigger

[tigger725]

it has the card number of my OLD visa card scrawled in pen at the top... not the card number of the NEW mastercard one which has the debt on currently....

 

Also it has income details on, and I was unemploed at the time? they have presumed i was working although it was my ex husband at the time..?Tigger

[mabski]

well for starters it clearly states that its an application form not an actual credit agreement.

i can only see one signature on it not both parties and the prescribed terms are not on it. so i think its unenforacble

but im sure someone more knowledgable will be along shortly to rip it to shreads

[tigger725]

hiya mabski, well thats all they sent last year and after one follow up letter they still state it complies with the CCA request...and have subsequently shipped me out to Wescot after a couple of in house DCA's..

 

My other halves only 'credit agreement' that he has been sent is also similar, an application form...

 

tigger

[dx100uk]

in all honesty prob best to just ignore them now.

that cca is pants as you have guessed

dx

[mabski]

well as far as im aware a credit agreement MUST have both parties signature, amount of credit,repayment terms, interest rate and they must be all on the same document.

the one you have only has your signature and nothing else so i'd say its unenforcable but like i said im sure someone will be along to confirm it

[tigger725]

thanks dx and mabski, the 'friend' who was helping us, told us it didnt comply...and all the reading i've done on here lately points to the same... i just didnt want to miss doing something we should now... and landing ourselves in trouble...

 

The SAR from halifax had the same docment enlcosed... i think i will send a letter to wescot about it being in dispute, in reply to thier solicitors letter threatening legal action in 10 days time... or do you think i should stay quiet?

 

many thanks for all your help,,, its VERY much appreciated indeed..

 

tigger