Advice Please

[DebtDog]

I will try and keep this as short as possible but if it gets a bit long, I apologise now. Trying to give as much info as I can in as brief a pageful of text as I can.

 

Approximately two and a half years ago, we tried to get an IVA through Payplan....long story short, it was rejected by LTSB to owned most of the debt as their strategy was to refuse all IVA regardless of the money involved. (I was told this by their insolvency dept when we contacted them on the day the IVA failed). Payplan also had us making token payments during the IVA preparation period.

 

After it failed the LTSB Insolvency Dept told us they would pull all debt back from DCA and get back to us. Until a couple of months ago we were STILL getting DCA letters, still telling LTSB Ins Dept about them and still being told not to worry, nothing would happen and everything would be sorted once they had it all pulled back.

 

IN the interim I did make some token gesture payments of £10 to Eversheds LLP...I think I paid £10 per month over 12 months (£120).

 

18 months ago we moved house and the DCA's lost track of us. That was until the other day when a letter arrived from Fairfax, on behalf of Max Rec, reference Eversheds threatening immediate payment.

 

Also in the interim, my other half was diagnosed with and is being treated for a rather serious condition and has been on sick for 7 momths now.

 

I have again contacted Payplan and am getting last few months income together....

 

Here are my questions.....as none of my original debts were actually with Eversheds LLP (I think it was a Paypal Card with GE Money) and even though I did make token payments...can I still CCA Fairfax/Max Recovery as I did not actually owe the money to Eversheds with them being a DCA in the first place? (I did not know about CCA back then)?

If I can MIGHT this get them off my back?

 

How the hell did Fairfax find us when no-one else has? We are NOT on the electoral roll, our home telephone IS X directory. Do they have LEGAL access to DVLA/PNC or mobile telephone company records?

 

Will prob have more questions but these are the ones bothering me tonight.

 

Thanks In Advance

[Delta-Charlie-76]

Can you tell us what sort of debt this please?

[DebtDog]

I think that this one originates on a Paypal (GE Money)credit card.

[Delta-Charlie-76]

Ok, my next question is when did you take out this account?

[DebtDog]

The original card was obtained erm...guessing a bit....about 3+ years ago..if not longer

[Hardupnotfedup]

It is not too late to put in a CCA request, send recorded and a £1 postal order and do not sign it.

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/581-cca-request-letter.

 

Apparently any company with legitimate business can get info from DVLA for £4.50,

[DebtDog]

and I can still do this even though I did make some token payments? That is not seen as acknowledging the debt?

 

Thanks for the info on DVLA.

[Delta-Charlie-76]

After reading your original post again (sorry, sore eyes), I don't see why you shouldn't send a CCA request off to who ever is chasing for this alleged debt be it Fairfax, Eversheds...whoever. They have 12 Working Days plus 2 for Delivery to comply, should they fail to send you your AGreement you can then send them a 'Account in Dispute' Letter. Send any letter recorded delivery, keep proof of posting and do not sign letter, just print your name.

 

Should they send you anything, post it up on here so that one of the experts can take a look at it.

 

GOLDEN RULE: Do not speak to these companies over the phone, keep all correspondence in writing.

[DebtDog]

LOL,

Know what you mean about sore eyes...same here.

I never speak to anyone on the phone anymore form DCA...I ignore all unknown calls, any unknown numbers and trace them on "who calls me" before I even contemplate returning a call. I will prepare the CCA letters tomorrow...thanks:)

 

 

 

Further thought on DVLA....I would have thought that they were covered by the Data Protection Act....apparently not if you can buy the info for £4.50 but it's good to know.

[Delta-Charlie-76]

You can ask for a copy of your Consumer Credit Agreement at anytime, makes no difference if you've been making token payments or not!

[Delta-Charlie-76]

I still get the odd call off of a particularyl persistant DCA, I just enjoy listening to them blow their stack when I refuse to go through security!

[DebtDog]

Aaah!!

 

One just hopes that they fall on their ar*es and cannot provide it, hence no proof of debt? Or am I making too simple an assumption there?

[DebtDog]

When I do get calls it's always on my mobile...Home Number XD....

 

If they want to pay for calls to a mobile that's fine by me. I have no voicemail switched on either so they do not have the pleasure of leaving me messages.

[Hardupnotfedup]

and I can still do this even though I did make some token payments? That is not seen as acknowledging the debt?

Thanks for the info on DVLA.

 

What do you mean by this statement? If you do not owe the money, why are you sending token payments?

[Delta-Charlie-76]

Please tell me you're not paying these scumbags by Direct Debit!

[DebtDog]

Have not paid anything in over 12 months...I sent cheques when I was. Dated cheques so they could only cash one at once per month.

[DebtDog]

I sent the token payments to get them off my back....did not know about CCA at the time.

[Delta-Charlie-76]

If they have no agreement, then they don't get paid, simple! They haven't proved that you owe them money, did you get a Notice of Assignment?

[Jasper1965]

 

How the hell did Fairfax find us when no-one else has? We are NOT on the electoral roll, our home telephone IS X directory. Do they have LEGAL access to DVLA/PNC or mobile telephone company records?

 

Will prob have more questions but these are the ones bothering me tonight.

 

Thanks In Advance

 

DVLA? - Yes good old government dept will flog your details to pretty well anyone for a few euros to prop up the failed fiscal policies of the last 15 years.

 

PNC? - No, I suspect one or two might have a little inside info but this can never be legal and you did stipulate legal.

 

mobile phone numbers - yes there's a directory of mobnums out there now.

 

Ex directory doesn't mean they can't get it, the gas co, the leccy board the post office, what about your nectar card and boots reward card, they all trade in data.:cool:

 

Best wishes to your OH

 

Threatening immediate repayment means what exactly? How are they going to accomplish that, if you had a million pounds in tenners and waved it under their noses they wouldn't actually be able to take one penny of it as that would be theft. It's just another threat which when you stand back and read from a distance is as empty as all the others these lowlife companies come out with.

 

Choice is yours, CCA the DCA who've written or file under 'ignore' for the moment as it may be a fishing trip and they may just be seeking confirmation that it is the right address for you.

 

Personally I'd go straight for a CCA and don't take any nonsense about them not being the creditor when they fail to provide an agreement.

[DebtDog]

OH one last question for tonight if I may?

 

Do CCA letters have to have my "current" address on? Reason for asking is I could CCA all creditors....even those that do not appear to know we moved if I do not need to include current address....(We have mail forwarding still in place from old address)

[Delta-Charlie-76]

Sorry DebtDog, my computer is running slow tonight aswell as my brain.

 

Paying them to get them off your back etc, I did that before I found CAG, you have come to the right place, you will get all the advice you need on this forum & by the way welcome to CAG!!!

[Delta-Charlie-76]

Yes, put your current address on your letters.

[DebtDog]

Unsure about NIA

[DebtDog]

If I give my current address, they DEF know where I am though don't they? If their letter is "fishing" I would be confirming it.

 

 

 

Oh THANK YOU for the welcome and your help so far:)

[Delta-Charlie-76]

If you write to them asking for proof that you owe them anything, they will need to send it to you direct, you don't want their letters going to another address, trust me! If its a fishing trip, you send them a CCA request or a 'prove it' letter, they usually go away.