Threat to include interest

[stripper]

What is the best way to handle this problem:

I have a defaulted CC and have been paying the OC on an agreed basis since the default in early 2003

A request for an increase has been made but I explained that it is not poss.They want an Income & Expenditure from me.I sent one last year(Reluctantly)I said that my circumstances have not changed since the last one and that I do not have to comply.The response was that they will reintroduce interest back into the balance.

I have requested that they put in writing that they want an I&E statement.I have not requested a CCA 77/79.Should I do this at this stage or will it aggrevate them more?

It seems to me to be a threat and gives them a new twist to getting info from me,and ultimately more money.

I assume that they can re-introduce the interest and I would then be faced with an increasing debt.What would be my best approach here as I cannot afford more but I don't want an increase .

Thanks

Stripper

[jon888999]

What is the best way to handle this problem:

I have a defaulted CC and have been paying the OC on an agreed basis since the default in early 2003

A request for an increase has been made but I explained that it is not poss.They want an Income & Expenditure from me.I sent one last year(Reluctantly)I said that my circumstances have not changed since the last one and that I do not have to comply.The response was that they will reintroduce interest back into the balance.

I have requested that they put in writing that they want an I&E statement.I have not requested a CCA 77/79.Should I do this at this stage or will it aggrevate them more?

It seems to me to be a threat and gives them a new twist to getting info from me,and ultimately more money.

I assume that they can re-introduce the interest and I would then be faced with an increasing debt.What would be my best approach here as I cannot afford more but I don't want an increase .

Thanks

Stripper

Go for a CCA request. Amex tried this with me and I refused to give them i&e so they threatened court action, so I CCA'D them. Couldn't provide an agreement so now they get nothing, haven't paid them since July 2008. I haven't heard a word from them since January last year.

They really need to learn no to be greedy!

JON

[harrassed senior]

They are not entitled to I & E and only a Court has a legal right to request one.

 

I agree with Jon, go for the CCA.

[maroondevo52]

I'd agree, also check out the charges.

[stripper]

Ok

Thanks for that

I am on it now

Stripper

[stripper]

Ooops one more request

Whats the best /latest letter for cca?

[stripper]

Is there a latest version CCA request letter that I can crib please:

[debt4get]

CONSUMER CREDIT ACT 1974

Xxxxxxx

Xxxxxxx

Xxxxxx

Date xx/xx/xx

 

 

 

To Whom It May Concern:

 

Your Reference: Agreement Number:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

With reference to the above account, I request that you send me a true copy of this Credit Agreement before I will correspond further on this matter.

 

This is my right under the legislation contained within Section 77 (1) and Section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my Credit Agreement on request.

Your obligation also extends to providing me with a statement of account. I enclose a £1 Postal Order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my Credit Agreement should be supplied within 12 working days from the date of this letter.

I also understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the Agreement under these sections of the Act.

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

1. True copy of original Credit Agreement

2. Statement of Account

3. Copy of the executed Deed Of Assignment

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed Credit Agreement within 12 + 2 working days of a proper Consumer Credit Agreement request.

As you are aware, a Credit Agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Further to the above, please ensure that any contact by you is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment - Administration of Justice Act 1970, Protection from Harassment Act 1997, and Communications Act 2003. If you continue to harass me by telephone I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine

I look forward to hearing from you within the statutory time limit.

 

Yours faithfully

 

 

 

hope it helps

[stripper]

Thanks much appreciated

Stripper

[stripper]

If my CCA comes back correct and I cant pay more but they decide to add interest.Can I refuse the increase and continue with my current amount.What could be the action that the OC may take and how can this be dealt with?

Otherwise whats stopping them calling for an increase everytime they fancy.

Stripper

[stripper]

Any response greatfully appreciated.

Within reason!!

Thanks

Stripper

[jon888999]

If my CCA comes back correct and I cant pay more but they decide to add interest.Can I refuse the increase and continue with my current amount.What could be the action that the OC may take and how can this be dealt with?

Otherwise whats stopping them calling for an increase everytime they fancy.

Stripper

 

I'd would wait and see what you get back. You need to be firm with this and stick to your guns. You'll be surprised how quiet the DCA'S go when they realise that they can't bully you.

When did you open the original account and who is it with?

I know it's hard but don't worry about getting an enforceable agreement we can deal with that in the unlikely event that you get one!

Jon

[stripper]

Hi Jon,its with Natwest opened in 2002.They send monthly statements and Im sure they will have the orig docs as they never sold the account on.

Stripper

[jon888999]

Hi Jon,its with Natwest opened in 2002.They send monthly statements and Im sure they will have the orig docs as they never sold the account on.

Stripper

 

Don't worry yet, out of 12 accounts onlt 3 of mine have ever been sold on, that's since 2005

[stripper]

Thanks Jon

My original question still remains unanswered:If my CCA comes back correct and I cant pay more but they decide to add interest.Can I refuse the increase and continue with my current amount.What could be the action that the OC may take and how can this be dealt with?

Otherwise whats stopping them calling for an increase everytime they fancy.

What do you reckon with this situation?

Stripper

[jon888999]

Don't worry yet, out of 12 accounts onlt 3 of mine have ever been sold on, that's since 2005

They can call and ask for increases, you just say no. They soon give up when they know that you won't be bullied.

You need to stop them calling, so to be honest the easiest way is to change your phone no and be EX directory, be careful who you give it to. Get used to giving an incorrect no, unless you definitely want to be called back.

[debt4get]

Thanks Jon

My original question still remains unanswered:If my CCA comes back correct and I cant pay more but they decide to add interest.Can I refuse the increase and continue with my current amount.What could be the action that the OC may take and how can this be dealt with?

Otherwise whats stopping them calling for an increase everytime they fancy.

What do you reckon with this situation?

Stripper

you can pay what you can afford..do not be bullied into paying anymore...my attitude with them is if they do not stop the interest then i will be paying them zilch....their choice...remember once it passes to the dca then they should not be adding interest or charges to the debt....worst case scenario..they take you to court..judge will only order you to pay what you can afford and the interest would be stopped immediately anyway...this adding interest to a person who is already having problems paying is nonesense..but then since when did the banks and credit industry care about its customers...i treat them the way they treat me....and then they still have to come up with an enforceable agreement

[Fred Bassett]

Halifax tried this one on me when I was in a DMP with the CCCS. The result was that I found this site, requested my CCA which turned out to be a big steaming pile of dung and I haven't paid them a penny for about 2 years.

 

I've just made them a F&F offer of 5%, just to get rid of it.

 

These people just never know when to stop. They haven't changed their practices at all for decades and even now they haven't cottoned on the the enlightened age of the internet, where groups like this are available to help people become aware of their rights and how to fight back.

 

They're dinosaurs and we all know what happened to them.

 

Fred

Edited April 27, 2010 by Fred Bassett

[stripper]

This site gives the best supportive help that you could wish for.I for one would have suffered financially and the rest, if it were not for all you wonderful Caggers.A whole multitude of such up to date advice and knowledge.Brilliant.

Thank you

[Fred Bassett]

This site gives the best supportive help that you could wish for.I for one would have suffered financially and the rest, if it were not for all you wonderful Caggers.A whole multitude of such up to date advice and knowledge.Brilliant.

Thank you

 

Well said stripper. I feel exactly the same way. I've started the ball rolling now in a bid to rid myself of my debts. I'm in a very strong position with most of them because so many are completely unenforceable. Of the others, well only one is giving me any real concern and I'm hoping that within the next week I'll get a letter which will enable me to deal with that one as well.

 

If it weren't for the CAG, I would still be in a DMP, scraping by on the bare minimum, with 6 years still to go and creditors on my back every 6 months.

 

I've said all along that I will settle my debts and I will, but now it will be on my terms. One day, hopefully in the not-too-distant future, I will be debt free. It won't happen quickly, but when it does I will still continue to frequent these boards to try and pass on the benefit of what I have learned in the past few years.

 

Regards.

 

Fred

[stripper]

This site gives light at the end of the tunnel.

Stripper

[stripper]

I do have another question:If I request a CCA and it is received OK.Does this automatically get their backs up (remember I am still dealing with the OC)and then they really start hounding you?

If thats the case then of course I need to take a different approach but when things have been quiete for many years,is requesting a CCA the best route or just refuse to pay more when they come back once again.

its bloody difficult to get this balanced.I would appreciate some more advice and experience here.I am dealing with Natwest.Debt is since 2002 and defaulted early 2003.I dont want to rock the boat but I cant pay more and thats it.

Thanks

Stripper

[Fred Bassett]

I do have another question:If I request a CCA and it is received OK.Does this automatically get their backs up (remember I am still dealing with the OC)and then they really start hounding you?

If thats the case then of course I need to take a different approach but when things have been quiete for many years,is requesting a CCA the best route or just refuse to pay more when they come back once again.

its bloody difficult to get this balanced.I would appreciate some more advice and experience here.I am dealing with Natwest.Debt is since 2002 and defaulted early 2003.I dont want to rock the boat but I cant pay more and thats it.

Thanks

Stripper

 

Stripper,

 

If you are paying all you can then that's it, it's as simple as that. They could, in theory, take you to court, but what happens then? You demonstrate to the Judge that you are paying all you can afford and they walk away looking stupid. So send off your CCA requests. It won't do you any harm and you might even benefit from it.

 

Regards.

 

Fred

[stripper]

Thanks Fred

Stripper

[debt4get]

asking for your cca is YOUR legal right...they are already asking you for more money refusing to stop interest....to hell whether it upsets them or not....as Fred has said..he will settle his debts but on his terms....you soon learn on here that most of these companies back down when you start to press your rights...who knows you may even have an unenforceable agreement..then the boot is most definitely on the other foot