about to tackle a mountain of debt.. or do i just go bankcrupt?

[debt4get]

no need to send one to westcott as they have given up...keep letter safe... you can send one to lowells..they know the time limits and should keep to them

[whitedog33]

when you say 'given up', what happens to the debt,, ??

[debt4get]

nothing in effect...it has been returned to oc....westcott have said they are no longer collecting and returned it to oc....the debt still exists...it justs looks like they do not have the correct paperwork to pursue it in law.....in effect case closed

[babybear39]

The OC could sell it again though so keep westcot's letter very safe to send a copy to the next lot of pond life to come chasing if neccessary

[babybear39]

Oh, BTW, Licensee's on the OFT info means holders of a consumer credit licence which would be the DCAs or OCs chasing you for any alleged debt

[Bazooka Boo]

I would send Westsnot this http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/585-letter-following-up-after-a-debt-collection-agency-has-closed-its-files-

 

Unless anyone else has other opinions?

 

And to think your first thought was to go BR:shock:

 

See what happens when you learn your rights and begin hitting them head on!

 

Well done,

[whitedog33]

yes thankyou all.. Am now awaiting my credit files with the intention of cleaning them up, plus now about to send 1st of 2 capquest CCA requests..

 

will keep posting..

[whitedog33]

okay, received another letter from Lowell stating 'we are in receipt of correspondance,' and 'your account has been placed on hold,' and 'There is no need,, to write to us again regarding this matter.' I'm guessing this is a 'we don't have the paperwork we need' letter and I intend to send the failure to supply letter anyway..?

[rebel11]

whitedog33

 

Have got got PPI and late charges on any of your credit card accounts that you could claim back with interest?

[whitedog33]

also 2 queries; does it matter at all that public holidays meant that the letter posted on the 30th reached them on the 3rd, i'm guessing not it's 12+2 days from the 30th right?

2nd It seems both this letter (failure to supply on CCA request) and the 'after account closed' letters are quite in your face, am a bit worried about that, just want my credit score back as peacefully as poss thank u ..?

[whitedog33]

thanks rebel.. PPI please clarify, yes probably a **** load of interest and charges but i'm not even sure i could find the paper work, can i ask them to provide statements same as a bank account.?

[babybear39]

For CCA requests the timescale is 12 + 2 WORKING DAYS.

 

To reclaim charges you need to request a SAR from the original creditor. The fee is £10.

[rebel11]

You can find Templates on this sight.

[whitedog33]

So i can hit the original creditor, in this case cap 1, for SAR for any charges levied on the acc? I know this is branching into different teritory here but, since the OFT test case what's the coo, are any charges still classed as unlawful, can i claim them back from a cc acc?

[cerberusalert]

The OFT test case related to banks and overdrafts etc not credit cards so you can still reclaim them.

[whitedog33]

Okay, thanks all once m ore for your support, couldn't do this without you.

 

So far no credit file has arrived, Experian no response and equifax 2 seperate requests to confirm my new address... only sent call credit last week so,, that's okay. any advice on an appropriate way to chase my credit file at experian..?

 

have sent a default letter today to Lowell concerning the Cap 1 debt. Am thinking I will chase Cap 1 for charges to be repaid. ( I had some luck with reclaiming abbey charges 3 years ago b4 the test case etc..)

 

If they don't respond is it likely they'll remove entries on my credit file, can i force them ? If the debt is in default, which it now is, hooray! and they cannot sell it on or claim on it,, what happens next..??

 

thanks all again... the journey continues but am excited now instead of lost..

[babybear39]

Can only advise being persistant with experian.

 

You can go either way on the crap 1 account. Claim your charges back OR go the unenforceable/non compliance of CCA route. It's impossible to call anything yet on this as you only just notified lowlife that you consider them to be defaulting on your CCA request. Do you have any idea of how much unfair charges could be on the account? if you don't have a full set of statements etc. you should SAR crap 1 as soon as you decide which way

[debt4get]

Okay, thanks all once m ore for your support, couldn't do this without you.

 

 

 

If they don't respond is it likely they'll remove entries on my credit file, can i force them ? If the debt is in default, which it now is, hooray! and they cannot sell it on or claim on it,, what happens next..?

 

it is highly unlikely they will remove defaults from credit file..as to can you force them? well you could initiate court action yourself..the problem is..is that although the debts are unenforceable because of the paperwork this doesnt mean they dont exist...and stopping them trashing your file is difficult....they will eventually drop off after 6 years anyway...

[whitedog33]

i'll look into my statements and add up the charges, this will take a while cos theyre in boxes..

Need that credit file... so i can see who has defaulted my file in the past and when. and when they might stop affecting things..

 

So a debt may just stay around until 6 years old?

also if a DCA commits an offence what does it mean..?

[babybear39]

Sadly, due to the implementation of the CPUTR 2008 in to UK law, the criminal offence no longer applies to non compliance of a CCA request

 

The breach of OFT guidlines and the CPUTR that the DCA/OC commit if they fail to furnish within the 12 + 2 working day timescale should at all times be reported to TS, the OFT your MP and anyone else you think should know, if they recommence collection activity

[whitedog33]

so basically, they've failed to provide a CCA within the 12 + 2 working days. I've notified them that the account is in default which means it will stay with them but they cannot chase me for it. Nor can they default my credit file any further. So is that it,??

[debt4get]

so basically, they've failed to provide a CCA within the 12 + 2 working days. I've notified them that the account is in default which means it will stay with them but they cannot chase me for it. Nor can they default my credit file any further. So is that it,??

basically thats is it..you are now safe in the knowledge they cannot enforce said debt..take court action etc etc..but they can default your credit file...remember unenforceability does not mean debt doesnt exist...it does..it is just unenforceable

[whitedog33]

hello everybody, new developments ,,,

the 2 summits of my mountain are owned by lowell, an old 2005 cap 1 cc, and, capquest an 11grand loan.

 

the first, lowell's is now in default and i received a letter last week stating that they haven't received a cca from cap 1 but that cap1 are looking for it 'retreiving the paperwork,' and once they Lowell receive it they'll post me a copy and want payment in full. So can they do that.?

 

secondly, i have asked capquest for a cca, they go into default today and they're letter states 'we can confirm we are in receipt of the' cca and 'in accordance with the data protection Act 1998' require me to contact them to confirm 'important security information. We will be unable to send' ..'until you have doen this.'

 

Do I call i'm not into telephone calls and will not undersign a debt by giving my date of birth to these guys, but do they have a legal standpoint here?

 

thankyou as always..

 

w

[debt4get]

they nearly always state that once they have found cca they require full payment...well what they want and what they get are 2 different things...this is sent in order to frighten and worry you..accept it for what it is just another one of their boring threatograms...capquest were happy to harrass you when they believed you were the debtor..yet want more info before sending the cca...wait for time limit to be up and then put account into default...end of...dont ring em..and no they dont have a legal standpoint here...there is a letter on here telling them they were happy to deal with you before you asked for cca..so why not now..ignore em..send in dispute letter after deadline

[whitedog33]

thanks debt4get