Am I dealing with DCA or CC provider? Both are requesting money!

[bettyboo30]

I have fallen behind with payments to a credit card but have been paying a token amount, as and when I can. I made a larger payment 7 weeks ago.

 

Since March time Albion collections have been requesting a payment schedule, I wrote stating that I would only communicate in writing and that I had been making payments etc. I got no reply.

 

I have received further letters threatening a door step visit and 2 requesting immediate payment of the full amount outstanding.

 

Last week I received a DN from the provider, requesting payment of the arrears within 14 days or further action will be taken, I do not have 14 days to raise any money as the letter took a while to arrive with the bank holiday mail. I also received another letter from Albion requesting full payment. I'm puzzled as to who has the debt now and who I should be paying?? Although, it seems to me they have already taken further action prior to sending the DN.

 

Does anyone know if Albion are part of Halifax/Bank of Scotland?

[Guest Cartaphilus]

Yes, they are Halifax and the other lot. In house. How old is the card? Might be worth CCAing them. So in other words: one and the same not separate; despite what they claim on their letterheads.

 

Although, it seems to me they have already taken further action prior to sending the DN.

 

Might also be worth your while scanning and letting someone on here see if that Default Notice is actually worded properly.

Edited June 9, 2010 by Cartaphilus

[harrassed senior]

How was the DN sent, first or second class, and did they give a date for payment or just 14 days & from when.

 

Make sure that you keep the envelope it came in.

[bettyboo30]

Thank you both

 

I didn't request a CCA but obtained a SAR instead and 2 pages of the agreement, signed in 2006 were included. The agreement looks enforceable to me, although my knowledge is limited. Is there such a thing as an unfair agreement?

 

The envelope has no markings, other than a barcode. Sorry, I mislead you earlier the DN did not state 14 days! (I got muddled up with another DN from the bank). It is dated 27 May and was received on 5 June and payment is requested by 17 June.

 

I've uploaded both the DN and Credit agreement and would sure appreciate any comments

default 1.pdf

default 2.pdf

BOS agree.pdf

bos agree 2.pdf

[Guest Cartaphilus]

That all they sent? Don't know if this would matter but according to the bottom of page 2 it says 'page 3 of 8'.

[bettyboo30]

I noticed there were pages missing but I presumed the missing pages were not of importance, perhaps its the ther way round and thats why they were not sent!

[bettyboo30]

Could someone have a look at the DN and agreement please, I'd be eternally grateful

[Guest Cartaphilus]

its the ther way round and thats why they were not sent!

 

Well, TBH, I would suggest they have sent you an incomplete CCA ... so how are you to read what terms you signed up for? If you see what I mean. Why I mentioned about the missing pages ...

[bettyboo30]

Thank you Cartaphilus , (light bulb moment!) too busy stressing and not seeing the obvious. Apparently the terms and conditions fall out of the realm of the Data Protection Act.

 

I will send of CCA 78 and see if all 8 pages arrive. Could be too late as payment required by Friday so no doubt the account will be off to a DCA.

[Guest Cartaphilus]

See. I wouldn't worry about being stressful, I look forwards to the one day in life when I do not have to be.

[bettyboo30]

Well, TBH, I would suggest they have sent you an incomplete CCA ... so how are you to read what terms you signed up for? If you see what I mean. Why I mentioned about the missing pages ...

 

I won't receive the missing pages, after sending the S78, I received the same documents pages 3 and 4, as included with the SAR with a covering letter stating;

 

they had sent a "reconstituted version of the executed agreement, with both the original and current terms, as there is no requirement to provide a copy of the original signed agreement etc. They enclosed "a copy of the front page proving my signature. The prescribed terms would have been validly incorporated into the agreement on the reverse of the enclosed, sheet or separate attached sheet".

 

They "confirm the agreement complied with the requirements of s60/61 and as such is fully enforceable".

 

Is this a standard response or would the bank have checked for enforceability?

[Guest Cartaphilus]

Sometimes dealing with creditors or DCAs is like playing chess.

 

Someone with far greater knowledge than I will (hopefully) provide an answer for you.