Debt Collector Agency Interest and charges?

[kate999]

Hello,

Apologies if this has been answered on the site before. I am new and struggling to find answers to specific questions.

 

4 Years ago I became disabled and am still unable to work.

 

As a result I am in a large amount of debt.

 

I have arrangements with numerous debt collection agencies when my accounts became defaulted and couldn't keep up the minimum payments.

 

Legally do you have to pay the DCA interest and charges?

They won't freeze the interest and the amount owing is gradually increasing.

 

One company I originally owed £1000 aprox,

despite making minimum monthly payments,

they have added so many charges it is nearly £1500.

 

Can they do this?

 

If I wanted to offer a settlement on any of the accounts, or clear the debt

- do I have to pay either the creditor or DCA interest and charges?

 

Please help and thank you in advance?

[dx100uk]

you firstly need to CCA everyone you are paying to check they have the legal right to demand/accept money from you.

 

on the front of int/fees.

 

if a DCA owns thedebt [and you have had a notice of assignment from them] then yes they can add int/fees inline with the original agreement.

 

if they are just collecting the debt [on behalf of the OC] then NO 'they' cannot add int/fees but the OC can.

 

now , on the these fees/charges

 

you can reclaim ALL charges [+ any interest at THEIR rate] + 8% sta int from the date of each charge tothe date of your reclaim.

 

if any of these debts are as a result of an overdraft, then you cannot ask for a CCA as no credit agreement exists for overdrafts.

 

dx

[Bazooka Boo]

This will be useful info for you also..

Debt from Disability | Debt - Special Situations | The UK Insolvency Helpline

[kate999]

Thanks for the advice, couple of other questions!

1) When the DCA refers to the OC as a "Client" - does that mean they are acting on behalf of the OC? How do I know if they are acting on behalf of the OC or bought the debt?

2) When I started repaying the debt I had no idea about the charges and fees - when I requested this the just sent me a letter telling me that there were XX charges XX fees and XX interest. 50% of the original debt! How can they do this?

 

Thank you so much for everyone's help!

[kate999]

Another query! If I go down the route of reclaiming the charges, do I contact the DCA or OC? Also if I do this and receive the money back can I then go down the Unenforceable CCA? Thank you

[crankiboy82]

i seen this letter but im still looking to see if all the facts are correct on it myself, has a bit about claiming damages, its a subject access request letter.. hope it helps

 

 

Data Protection Act disclosure request

 

 

Dear Sir/Madam

 

ACCOUNT NUMBER: ****************

 

Please supply me with All my personal data you hold including a complete list of transactions and charges (or alternatively a set of statements) relating to my account history with your organisation. I also require a complete breakdown of each Late Payment fee and Over Limit fee charged to this account, or any similar related charges. The complete breakdown of each charge must contain the following:

 

Hourly rate of each member of staff involved with each administration of the fees / charges. The time each member of staff spent on the administration of the fees/charges. Details of the work carried out and completed by each member of staff involved with each administration of the fees/charges. Total cost of the paper, envelopes, ink, and postage of each automated and manually written letter relevant to the issuing of the fees/charges, and any other costs incurred in each fee/charge including other employee’s involvement, their hourly rate, time spent on the involvement, and what their involvement consisted of.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act Subject access request fee.

Furthermore please provide me with a copy of my contracts with you, and a copy of my original terms and conditions. I make this request under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts.

 

I understand that under the Consumer Credit Act 1974 section 78, I am entitled to receive a copy of any credit agreement and a statement of account on request . I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act 1974.

 

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

 

I further understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Please note that the Postal orders I have supplied are NOT to be applied to any alleged debt but used only for purposes supplied.

 

I look forward to hearing from you.

 

Yours faithfully,

 

 

Mr .***************

Enc £1.00 Postal Order ********

£10.00 Postal Order **********

________________

[crankiboy82]

if you have this info it will put u in good stead for a fight if it has to go that way...

[kate999]

Fantastic letter crankiboy - if the the can not provide a CCA can I also go down the reclaim charges avenue, or am I pushing my luck?

[Bazooka Boo]

OK, I will hopefully break it down for you..

 

A DCA is NOT Allowed to add their own interest onto the account Unless they have bought the account and the charges are what you have 'originally' agreed to in the initial agreement with the OC.

 

Everything must be sent to the DCA or company asking for payment, so if it is a DCA, then they should be sent then CCA request, who is the DCA asking for payment? as it is most likely an in house DCA?

 

To reclaim charges you will need to SAR the OC, (bank) which will include the statutory fee of £10. A CCA request to whoever is asking you for money will cost you a £, and they have 14 days in which to reply.

 

In a nutshell, if the debt has not been sold or assigned to them, then they are unable to apply ANY charges to the 'alleged debt'.

[crankiboy82]

hi again, has anyone confirmed for you that the facts in that letter are correct? iv not heard anything myself yet

 

Invalid Default Notices

 

(the link i promised id send, tons of info in there)

 

i would pull ur credit report from all 3 CRAs too, if u want defaults etc removed your gonna need them, only £2 each

[kate999]

How do you get the defaults removed then - is that only when the account is settled?

[kate999]

The link you sent for the invalid default just takes me to the forum - is that right?

[kate999]

Can someone please advise me - when requesting CCA etc and the account has been passed to a DCA - who do I ask for the CCA? DCA or the Original creditor?

[sam614]

DCA for cca;)

[crankiboy82]

yes, it was 140 page thread last time i looked

i just went to the first post and started reading thru it

 

tons of info in there

[crankiboy82]

let me know if you cant find it, its pinky69s thread called invalid default notices i think

[crankiboy82]

as for that letter, iv just found out its pretty much a waste of time, just wanna point out again that when i googled SAR request template letter this was the 1st hit, from this forum

 

if its wrong i reckon it should come down......

[Bazooka Boo]

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

As for getting defaults removed from your CRF, this is difficult, unless the Information on their is incorrect.