Advice about what to do needed urgently

[yeartoclear]

Hi I stumbled across this site and really hope someone can offer me some advice.

 

From the age of 18 credit was thrown in my face and at 28 I owe roughly 32,000 pound and decided in 2006 that I was getting into more debt trying to keep up repayments and simply stopped paying all of my creditors who are

 

Nat West - Loan - £16,000 which they say on statements £26,000 (I'm assuming interest)

 

Nat West Master Card - £1,600

 

Egg Card - £6,000

 

MBNA - £7,000

 

I have not responded to a single call, letter or knock on the door from any of the above or the subsequent debt collectors. and had not heard a word from any of them in 18 months.

 

I stupidly got a BT landline recently, years of having no credit has not bothered me at all but they did a credit check and bingo I obviously failed and had to pay a deposit up front and have now had letters from some of the above.

 

What should I do??

 

i have been reading that some may be uninforceable due to no CCA, would this be the case with any of the above companies?

 

Am I better contacting them and looking at settlement amounts?...... if so what would I be looking at paying each?

 

Help!!!

[cerberusalert]

First send them 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 working days from receipt, 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.

 

Furthermore, with regards to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

You are reminded of the following under Consumer Protection from Unfair Trading Regulations 2008.

 

Trading Standards can bring about a prosecution if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of the Consumer Protection from Unfair Trading Regulations 2008, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Further to this if it is your intention to arrange a call from your 'Doorstep Collectors', I note that there is only an implied license under English Common Law for certain people 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.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.Be further advised that any further telephone calls from your company will be recorded.

 

(Print in red optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

 

(Print do not sign signature)

[yeartoclear]

Thank you for this information. Do you think that it is possible that some of the compainies who haven't contacted me for 18 months may have written off the debt or is this just wishful thinking?

 

Do you think I should do a credit report to see whats on there before I write to all of my creditors?

[cerberusalert]

Send the CCA request to each of them that contact you, because you applied for credit it has flagged your credit file & the chances are that all of your creditors will contact you eventually, particularly if you are at a different address.

 

Creditors very rarely 'write debts off', they sell them to DCAs and claim tax relief normally.

 

It would be wise to check your credit file to make sure there are no CCJs registered against you.

[yeartoclear]

I have been at the same address for the past 6 years, i haven't moved.

 

What do I do if I have CCJ's?

[cerberusalert]

It's unlikely that there are any but if there are you can have them set aside because you never received the paperwork.

[yeartoclear]

I am assuming Nat West will have CCA's for me as I sat and had load reviews and signed for larger loans with PPI. I'm relucatant to write to them at the moment as I have not had any contact with them for 4 years since I stopped making payments.

 

Before I contact them I would need to have money for some kind of settlement which I don't have, do you have any idea on 16,000 or £26,00, as they are now saying it is what sort of amount I would have to pay as a Full and final payment?

[debbbbsy]

9.Fixed -sum annual statement

The CCA now requires creditors under a regulated fixed sum agreement (with a term of more than 12 months) to provide annual statements. This requirement is contained in a new section 77A of the CCA .Failure to comply with this section will mean that the debtor is not liable to pay interest or other default payments in respect of any period of non compliance when a statement is due, but has not been sent nor will the creditor be able to enforce the agreement during the period. This provision will apply to existing agreements as well as agreements made after commencement of this requirement.

 

If you have not recieved statements, at the very least you can challenge any interest & charges.

[yeartoclear]

Thanks for that information but unfortunately Nat west always send me a statement in February, which I thought was pointless until reading your post as I never hear anything else from them.

[cerberusalert]

I am assuming Nat West will have CCA's for me as I sat and had load reviews and signed for larger loans with PPI. I'm relucatant to write to them at the moment as I have not had any contact with them for 4 years since I stopped making payments.

Wait for them to contact you, but if the orginal loan was for more than £25K it won't be covered by the CCA 1974.

 

You can reclaim the PPI and any unfair charges on these a/cs.

[yeartoclear]

I received a reply from the DCA for Egg (Calbot Financial) they have said

 

'we have requested the information under section 77 and/or 78 from original lender. Please be advised, we do not accept the statutory fee under section 77 and/or 78 of the consumer credit act 1974 and have returned the £1.00 fee sent.

 

we anticipare we will be able to provide the information within 12 days. In the event this is unlikely within the time limints we will write to you again.'

 

Is this normal for them to return the fee? what do I do if they don't respond in 12 days?

[cerberusalert]

Yes it's normal for them to return the fee. If they don't produce the CCA within 12 working days of receiving your request you can put the a/c in dispute and legally withold payment; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[yeartoclear]

I have not received the CCA from them and it has been 12 working days so I have sent the letter you sent the link for. What do I do now?

[cerberusalert]

What do I do now?

You don't have to do anything but wait for them to respond, the ball's in their court now & you have disputed the a/c.

[yeartoclear]

I received a 2 page long letter back from them (I don't have a scanner or I will scan it in) The basically said they are sorry to receive my complaint? and told me the action they had taken ie. contacting egg to request the CCA. They then go on to quote definitions of enforcement and say I did sign a CCA with egg (which I don't honestly think I did) and so the debt would be enforecable at whatever point they obtain it and reasons why they can go to the CRA's with my details and CCJ. They have then given me the total balance I owe and suggested I contact them, they have also included a leaflet for the financial ombudsman should I wish to take it further and qoted different points from it. I don't have the letter to hand but if you need me to put more info on her I can tonight.

 

Should I respond? If so how?

[cerberusalert]

You don't have to do anything, the ball's still in their court until they produce an enforceable CCA. The letter they've sent is just their normal drivel.

[yeartoclear]

So If egg don't provide them with an enforceable CCA ever (I don't think they can) I don't have to do anything else at all?

[yeartoclear]

So If egg don't provide them with an enforceable CCA ever (I don't think they can) I don't have to do anything else at all?

 

What happens to the debt?

[WelshMam2009]

What happens to the debt?

 

The debt still exists and they can still ask you for the money back. An unenforceable agreement simply means that they cannot enforce via the courts...providing the agreement was pre April 2007. Post that date, the court has an element of discretion.

 

Also, whilst there are a number of flaws with Egg agreements (pre and circa 2005 I believe, but don't hold me to that) it doesn't necessarily mean that Egg will concur with your view that the agreement is unenforceable and may commence proceedings regardless. They usually rely on the ignorance of the defendant and/or judge to obtain a CCJ in such circumstances.

 

Oh, and if you don't acknowledge the debt and/or make a payment over a 6 year period then the debt will become statute barred.

[yeartoclear]

Thanks for that info.

By writing to the DCA have I acknowledged the debt? (Its been about 4 years since I made any payments on any of my debts)

 

Do you think I should try to arrange a settlement free with the DCA for egg at this point? If so I owe them , £6,800 how much would I be looking at paying?

[yeartoclear]

can anyone answer this for me?

 

By writing to the DCA have I acknowledged the debt? (Its been about 4 years since I made any payments on any of my debts)

 

Do you think I should try to arrange a settlement free with the DCA for egg at this point? If so I owe them , £6,800 how much would I be looking at paying?

[cerberusalert]

It really depends what you wrote in the letter, if you admitted the debt & they kept the letter then yes it would reset the SB clock.

 

Have they produced an enforceable agreement yet? If they haven't you don't need to make any settlement offer yet.

[yeartoclear]

Since April I have not heard anything from the DCA for Egg or any of the other creditors. I have however decided that I want to wipe the slate clean so I can build up my credit rating so one day I can get a mortgage.

 

What would your recommend I offer as full and final settlement on the debts below

 

Egg - £5860 (No CCA but I would like to get the DCA off my back)

 

MBNA - £6801

 

NatWest Mastercard - £1105.25

 

NatWest Loan - £17,163.56 (with interest £28,263.80)

 

I have not had any contact with these companies since October 2006 but I can get my hands on some money and really would like to get rid of them once and for all so if anyone has made full and final settlements or could give me a rough idea of the % I should offer I would really appreciate it.

 

Thanks

[cerberusalert]

The chances are they have already defaulted your credit file within six months of you first became delinquent, these markers stay on your file for six years and then automatically drop off.

 

A debt becomes Statute Barred after six years (five in Scotland) if you have made no payment, written acknowledgement or if they have obtained a CCJ. After this period they cannot take any enforcement action.

 

Even if you offer a full and final settlement there is no guarantee that they will accept or even remove the defaults from your file, in fact you will more than likely awaken a sleeping tiger & you will be bombarded with demands for payment, they may even try to obtain a CCJ or even bankrupt you.

[yeartoclear]

I don't really understand about the statute barred thing, after 6 years you say they can't enforce it but would they still send letters asking for the money? and sell the debt to other DCA's?

 

I really just want a fresh start without the worry.