Calder Financial

[marke32]

Hi everyone

 

I know there's already threads about this just cant find em.

 

Can anyone direct me to a template letter to ask for a copy of my credit agreement and also one to send if I do not receive a copy in the set time or at all.

 

Thanks all

Mark

[cerberusalert]

You'll find them all here; The Consumer Forums - Debt collectors

[marke32]

Hi everyone

 

I am sorry If this has been covered as I am sure it has somewhere I just can't seem to find it there's so much to take in here.

 

I sent 2 letters to collection agencies asking for a true copy of my credit agreement on the 17TH Dec. I have had one letter back acknowledging receipt and telling me they have sent off for it. Today I received a standard collection letter asking for full payment with no reference to my letter asking for a copy of my credit agreement and saying interest will continue to be added this company is calder financial acting on behalf of Barclays I believe.

My question is do I respond to this letter? or wait until 30 days have elapsed then contact them?

Any advice would be great.

Hope all the great people here have a good year and everything works out.

[noogie]

did you send you request recorded delivery if so write back informing them that you have written asking for an agreement and for them to refer back to the OC. This will keep them from you, the 30 days will have gone and take it forward from there.

After thirty days use the next letter failiur to supply

[dcakiller]

complain to oft and trading standards they must not press for colection untill they have completed your request.

[marke32]

did you send you request recorded delivery if so write back informing them that you have written asking for an agreement and for them to refer back to the OC. This will keep them from you, the 30 days will have gone and take it forward from there.

After thirty days use the next letter failiur to supply

 

yes i posted recorded and its been signed for

[silverfox1961]

Hi, the 30 days no longer applies. They have 12+2 working days to respond and if they fail to do so, you may(if you wish) put the account into dispute.

[marke32]

Hi, the 30 days no longer applies. They have 12+2 working days to respond and if they fail to do so, you may(if you wish) put the account into dispute.

 

By respond do you mean just acknowledge my letter?? The other company I wrote to have done that and said they consider it to be in dispute until they have provided my copy of agreement.

[silverfox1961]

No, they have the 12+2 to send you your agreement and if they don't the A/C in dispute letter is the way to go. Letter 20 here:

 

The Consumer Forums - Debt collectors

[marke32]

No, they have the 12+2 to send you your agreement and if they don't the A/C in dispute letter is the way to go. Letter 20 here:

 

The Consumer Forums - Debt collectors

 

 

Right I see so I can type letters to both and send them next week with the letter 20 then.

 

Just a couple of questions is the 12 + 2 working days?

 

Do I count those from the day they signed for it or the date I posted it?

 

What happens if they send a copy of agreement after 12 + 2 have elapsed?

[silverfox1961]

The 12+2 is 2 days for delivery and then 12 WORKING days so don't include weekends or bank holidays.

 

If they send you an agreement after the 12 +2 then they could begin to enforce the debt again but of course that's IF they send it and IF it is a valid agreement. So many are duff and you might be one of the lucky ones.

 

Just a case of wait and see.

[marke32]

The 12+2 is 2 days for delivery and then 12 WORKING days so don't include weekends or bank holidays.

 

If they send you an agreement after the 12 +2 then they could begin to enforce the debt again but of course that's IF they send it and IF it is a valid agreement. So many are duff and you might be one of the lucky ones.

 

Just a case of wait and see.

 

well the probelm is I sent template letters saying they had 28 days to respond obviously outdated info, does this matter or not?

[silverfox1961]

That's the problem with a site this huge, there will be some info that is way out of date.

 

Personally I don't think it matters as the law states 12 working days but those that know DCA tactics, the DCA will try to use it against you. You could hold off a few more days if you are feeling charitable.

[marke32]

That's the problem with a site this huge, there will be some info that is way out of date.

 

Personally I don't think it matters as the law states 12 working days but those that know DCA tactics, the DCA will try to use it against you. You could hold off a few more days if you are feeling charitable.

 

Yeah I know, well I'll just see if I hear anything over the next week or so. I am going to send a letter though to the company that has just sent me another letter asking for payment, to refer them to my orignal letter asking for a copy of my agreement.

[marke32]

Hi everyone

 

I have a letter from a collection company telling me they have received my request for a copy of my agreement and my account is on hold and no collection activity will occur until the matter is resolved. However today I have received a letter fro them albeit a different debt saying I have not responded to their initial letters and they have set up a repayment plan for me for a crazy sum and will consider it accepted if I do not reply.

 

Have they broken some law by doing this?

 

Should I ignore and wait for the outcome of my request for agreement copy?

 

Thanks

Mark

[UnitedFront]

What debt is it for? And have you been in contact with them about this specific debt?

 

As far as I am aware, they cannot just ASSUME that you have accepted their offer.

 

More info on this specific debt would be helpful; if it is a completely new debt that hasn't been mentioned in this thread then perhaps start a fresh thread specifically for this one?

 

Cheers

UF

[marke32]

It is a bank loan for £7,500 I sent them a recorded letter asking for a copy of my original credit agreement. They sent me a letter from the compliance dept that acknowledges this and says my account has been placed on hold and no further collection activity will occur until it is resolved.

Today I got a letter from the same company only the collections dept saying they had not received any reply to their letters and so they have set up a payment plan of £443 a month and will consider this acceptable if they dont get a reply.

 

So do Ii just wait and see if I get my copy of agreement? or do I reply to this letter from collections and tell them about my letter from their compliance dept? It seems one doesn't know what the other is doing!

[UnitedFront]

Haha that sounds exactly right for a scummy DCA!! Often I think one doesn't know what IT is doing... let alone what another is doing!!

 

You can either sit tight and wait, or you can fire them a letter stating your dissatisfaction that they are still contacting you without first providing you with the requestion documents and that at the present time you firmly reject their "offer".

 

I always opt for the latter option, just so if it get to court I can show that I have always maintained communication. Also showing that you have not defaulted on an agreement; as you never agreed to it!

 

But these are just my opinions; the way you proceed is your decision depending on how you feel about the situation.

 

Hope this helps.

Cheers.

UF

[marke32]

I'll do the same as you today, I know what you mean about the idiots not knowing what they are doing. Get this about a week after the oft lost their case witht the banks I got a smug letter from hsbs saying my charges were fair and I wouldnt be getting a refund. But I GOT them all back 20 months earlier (£1000) because I was suffering financial hardship, So I sent them a letter back thanking them lol

 

thanks for your advice I'm very grateful

 

Mark

[UnitedFront]

haha that sounds about right! They really are something else! A law unto themselves.... or so they think!!

 

No problems mate, my pleasure.

 

Cheers.

UF

[UnitedFront]

Also, just whilst I think about it; I'm sure you know but never sign any of your letters and ensure they are sent recorded delivery.

 

Cheers.

UF

[marke32]

yeah I just type my name and always recorded cheers!

[marke32]

Hi everyone

 

I just wondered if the collection agency do not provide a copy of my agreement, is it correct that when it is in dispute they must remove all entries regarding this debt from my credit file?

[silverfox1961]

Hi,

Unfortunately not. The recent McGuffick case and the Information Commissioner put paid to that

[marke32]

I'm not familiar with that case, but how can they put info on your credit file about a debt they can't prove exists? doesn't sound right to me. Anyway that makes the letter template (failure to comply) on here out of date then, who updates them if anyone?

 

cheers

Mark