Byrom and Keeley DMP Providers - Friends or Foes

[Bazooka Boo]

Checking my diary from last year I believe that this would have allowed sufficient time to rectify...

[penmarine]

Hi everyone,

with the DCAs that have replied to my CCA requests with either no agreement held,

we are still trying to find it or they have sent reconstituted copies,

should I send them Full and Final Payment letters as per the template on the CAG library?

 

It just makes sense to get them settled when I have the chance.

If so what percentage would be recommended to start with?

I was thinking 10% for the DCA blaggers

. Cheers PM

[Bazooka Boo]

You have to consider whether these DCA's do indeed own the accounts first, or are they simply acting on behalf of their clients?

 

If they have bought the debt, including all rights and properties under the Law of Property act, then as they will have paid as little as 6 pence in the pound for it, 10% is not the first offer you should make, offer less, then you need to negotiate the pitfalls of a F&F payment, they must confirm IN WRITING that whatever you pay is accepted as F&F, they will not pass or sell on the remainder of the debt, they must remove all adverse data from your CRF, and mark it a satisfied, failure to do any of the previous then the F&F offer is worthless.

 

http://www.voltimum.co.uk/news/2312/cm/the-law----full-and-final-settlement-.html

[penmarine]

Hi BB, I've read the link, makes sense as does in writing bit, no passing or selling on the remainder of debt etc. How do I find out if they actually own the debt or are just acting on behalf of the OC as they haven't conformed to the CCA which would have include a NOA etc? 

 

I've bastardised the Full and Final Payment template that is on here with some of the points BB brought up.

 

I was going to use the template below, could someone have a gander and suggest any deletions/additions that may be of help before I send a couple off. Cheers PM A donation will be most forthcoming to the site once I save a bit and mag to grid some of these DCAs once and for all! Thank you PM

 

NAME HERE

ADDRESS HERE

DDMMYY

 

DCA/OC Address Here

Dear Sir/Madam

 

Re: Either DCA reference number or OC account number (Depends on who owns the debt)

I write with reference to the money which you are claiming on the above account.

 

I can confirm that I am unable to offer to pay the money which I owe in full. However, I can raise £xxx and I want to offer this as an ex−gratia payment in FULL AND FINAL settlement of the account. This offer is made on the clear understanding that, if accepted, you comply with the following:

1. Neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever.

2. I will be released from any liability in regard to the difference from the outstanding balance to the FULL and FINAL PAYMENT offered above e.g. Outstanding amount £2500, FULL and FINAL PAYMENT OFFERED £200. I will be released from any liability for the difference of £2300.

3. You must remove all adverse data from my Credit Reference File to include the following Credit Reference Agencies and any other agencies that you have registered my personal credit information with:

Experian

Equifax

CallCredit

4. You will make an entry on any Credit Reference Agency file relating to the above account as “SATISFIED” in full.

Payment can be made within 2 weeks of receiving your written agreement of this offer and method of payment.

 

We look forward to receiving your reply.

 

Yours faithfully

 

 

MY NAME

[Bazooka Boo]

It's a pretty safe bet that if the debts are relatively new, less than a year say, then they will still be with the OC or their in-house DCA, if it is with the likes of Robinson Way, Moorcroft, Mackenzie Hall and the like, then you need to read their letters carefully, they might say, they are acting on behalf of their client, or, our client knows of no valid reason blah blah blah, but the easiest way is to request a CCA, then that will normally sort the wheat from the chaff, and they will either state that they have asked their client for the info, or simply run out of time never return anything, and flog it onto another lowlife.

 

Short of sending a SAR with a tenner to the OC that is the easiest and cheapest way of finding out, IMO. Have you ever received a 'Statement of Account'?

[penmarine]

Yes, I strangely enough actually got one today from LINK Financial (an old debt over 9 years ago MBNA, if I remember without looking).

 

It had the payments that I'd made from July 09 timeish to last month, then the £1 for the CCA and £1 token payment before I put the account into dispute.

 

I did get a statement of account from Unreliable Collections (Simply Be) with a reconstituted agreement (the paperwork is on an earlier post, well the covering letter and agreement). But with Unreliable they did send a copy of all payments made on the account since opening, if this is a statement of account?

 

As for the rest, the state of play is as follows:

IQOR (Next) - CCA reply stated the OC didn't have a copy of the agreement, Acct now in Dispute.

They had sent copy statements of monthly statements, one does say I've breached the credit agreement that doesn't exist!!!

 

Robinson Way (HSBC) - They are still trying to get the paperwork, doesn't say where from. Acct now in Dispute.

They will contact me.

 

LINK - As above, Acct now in Dispute. They will contact me.

 

AIC - Have requested the Agreement from LloydsTSB. Still waiting. Acct now in Dispute.

 

Unreliable Collections - As above, Acct now in Dispute. Not heard anything from them they are still working for Simply Be as I keep getting mail from them, heaping on monthly charges.

 

1st Crud - They have ignored my Acct In Dispute Letter, and keep sending me Installment Default Notices demanding full payment.

I

've just done CCA's to CrapOne and Aqua, as they are piling the charges on aswell, so they can blow me aswell.

 

However to get my credit file in some sort of order, I'm quite willing to do a Full and Final Payment.

 

I know most of my old defaults have passed the 6 year mark (still waiting for my credit report), however the newer ones are from late 08/early 09, however it's better to have them satisfied, then still be hoovering around

 

. And as you say if the older debts have been sold for 6p to the £1, some of my offers will be pretty low.

 

Your thoughts appreciated. PM

[Bazooka Boo]

No, IMO PM, I wouldn't send them anything regarding F&F which states that you agree you owe the money, in every correspondence it is much better to advise that "I do not acknowledge any such debt"

 

Until that is, they do have strict proof, and leave you with zero wriggle room.

 

I've just woke up so head isn't exactly thinking right, so let me try and be a little clearer, if your offering a F&F then simply state that you will pay X amount in F&F payment on the condition that they remove any adverse data from your CRF, mark your file as settled, DO NOT pass on the remainder of the alleged debt or sell it on, and that the offer expires in 10 days say, you will only pay this F&F offer on receipt of their written response and acceptance of all of the above terms.

 

And the F&F is paid by a third party, hopefully that is the correct order, I'll check for a F&F template, wait out.

 

OK I stand corrected, here is a template I have found, but I am dubious about admitting the debt still....

http://www.consumeractiongroup.co.uk/forum/showthread.php?20758-Creditors-and-DCAs-Letter-Templates-Budget-Planner&p=162363&viewfull=1#post162363

Edited August 11, 2010 by Bazooka Boo
Added link

[penmarine]

Hi BB the link won't work, I think it's the same one that I bastardised yesterday.

 

I seem to get letters everyday now, not that it bothers me anymore (cheers CAG).

 

Got a postal copy of my Credit Report with my current address on today.

Now I was expected a small South American rainforest, neatly packed in a box with my extra old debts and the newer ones.

 

To my surprise I got about 6 pages, with current bank account details, current credit agreements (nil), linked addresses etc and it was only showing 1 default with Crap One.

 

Now I know my older debts (that are still under DCAs) are not showing on there at all, these defaulted over 6 years ago now, nor does it show that I was on a DMP or that I was paying any money at all to the DCAs (up until I found this website anyway).

 

It also does not show some of my more recent defaults from 08/09 (except CrapOne).

 

Is this usual, as I was expecting to see LINK, ROBINSON WAY etc etc on there showing me making payments, but nothing.

Not that I'm complaining 

 

I checked my Experian credit report aswell, it didn't have my current address on (so I emailed them to change it) and there was nothing. Not even the Crap One default.

 

My question (now that I've bored you all) is there some reason why the DCAs and payments are missing, as I allegely still owe them the money, so technically they should show up?

 

I thought I'd keep to my thread instead of putting it on another one, so all the information is together. PM

[penmarine]

Hi guys and girls,

found my original CCA from CrapOne

, doesn't have signature block on and refers to paragraphs that aren't there. I

s it pukka, not sure about the prescribed terms bit either.

Input appreciated.

 

On another note, the long haired colonel, neglecting to tell me about another debt she's been hiding has reared it's head.

It's from MLS which I think is part of Moorcroft.

 

The letter came Oct 2009 but she's just told me about it.

Should she just ignore it?

 

I'm thinking yes because she hasn't had another letter off them since?

 

And finally I've put up a PPI rebate letter from LTSB stating a £70ish refund.

Is it right, from reading on the PPI forums I don't think it is, will put it there if someone thinks it's better me moving it.

 

I've already SARd LTSB this is just a bit of paperwork I've actually still got. Cheers PM

http://i783.photobucket.com/albums/yy115/penmarine/LTSBPPIRebate-1.jpg

http://i783.photobucket.com/albums/yy115/penmarine/MOORCROFTMLSLtr.jpg

http://i783.photobucket.com/albums/yy115/penmarine/craponecca.jpg

[penmarine]

Hi again,

as things go it's quiet on some of my DCAs at the moment.

 

Got the following from Robinson Way today, only took them 2 weeks to deliver it aswell.

 

The letter reads as follows:

FORMAL DEMAND FOR PAYMENT

As we have now purchased the above debt we are authorised to recover the full amount due, quoted above.

This is a formal notice of intended court action we intend to take unless you pay, or agree an arrangement to pay, the sum you owe.

 

If court action is taken and a court considers your failure to pay to be due to your refusal or neglect to pay, an order for repayment may be made. If you fail to pay in accordance with a court payment order, the following may occur:

 

A process of enforcement by court officers

An order for deductions from your earnings

An unpaid Court Order may make future credit difficult to obtain.

THIS DEBT WILL NOT GO AWAY - IT MAKES SENSE TO PAY IN FULL - NOW. You can pay by calling us blah blah blah.

Signed by the computer generated collections manager.

 

The Upper Cased wording is how it appears on the letter.

 

Now I see this as another threat o gram for the following reasons:

The account is still in dispute and has been since July 2010.

No CCA sent and the OC was asked for it by the DCA prior to July 2010 aswell.

 

How can they take me to court without serving the paperwork on me, in the prescribed way?

They'll be hard pushed to have it hand delivered to my doorstep!

 

They state they have now purchased the debt (15 Oct 10 date of the letter),

I thought they'd purchased it back in 2003 when I originally defaulted???

 

Now I'm awaiting my DSAR from the OC which should come soon via the post,

should I wait out and see if they have Notice of Assignments in there etc before replying or just not reply as the Account is in Dispute and no CCA has appeared.

 

Though it might do with my DSAR!

Thoughts and opinions welcome. PM

[ScarletPimpernel]

Just another template from the threatomatic.

 

You might want to send a letter (headed 'Formal Complaint' to Robinson Way pointing out that the matter remains in dispute and you consider their continued collection activity a breach of the OFT Guidance, but it'll probably make no difference; RW rarely send anything other than templates.

[penmarine]

Cheers SP, I thought that. I don't think I'll waste any more money on Rec'd delivery to them unless I have too. I have a paper trail as long as my arm for these mugs and their inability to do things correctly. PM

[Bazooka Boo]

Yep as SP says, it's the standard threatogramme on it's usual cycle, ignore Or send a copy of it straight back to them 2nd class.

[penmarine]

Hi Guy and Girls,

again I open my grid saying the ocean is quiet and a tsunami comes along.

 

Got my DSAR info back today from HSBC.

Not what I expected and I think I need a degree to understand the rainforest of paperwork they sent me.

 

There was however no CCA included in regard to a couple of loans I had with them or a credit card I had with them.

No interest charges or banks charges (unless it's part of the rainforest).

 

There was no NOA to the 1st DCS (MCS) back in the day of 2002 either, which from reading on here I would have expected.

There is a Statement of Account of payments to MCS before it was sold onto Robinson Way though.

 

Now seeing as my CCA to Robinson Way turned up nothing (they requested the info from HSBC) it leads me to think that they really don't have anything from HSBC for the 2 debts they have bought in regard to me.

 

IMO I have no intention of giving anymore payments to them and I am contemplating writing to TS and ICO due to the ****ograms I now get off them, thoughts on that one.

 

Finally can anyone point me in the direction of a HSBC DSAR guru so I can fathom out what they have actually sent me? As always the help is greatly appreciated. PM I would scan the documents but there is **** loads:!:

[Bazooka Boo]

OK hold fire on this then, you've sent the CCA request and the SAR, if that has failed to produce the documents you are looking for, then there is nothing you need do for now, as far as you are concerned the account is firmly in dispute, no payment, no correspondence, no more willy waving!

[penmarine]

Hi BB thanks for the reply.

I'll send off bog off letter to CARS, and one to TS and FoS to complain to them aswell. J

 

ust too let people know, if not already, Connaught Collections is part of 1st Crud.

I got a threatogram see post 126, I replied as post 131.

I also DSAR'd 1st Crud aswell.

 

Checked RM site today both letters were signed for by the same person, in the same building with the same address, ergo same company different name. Bunch of mugs.

 

1st Crud also must have passed on another debt they held for me to CARS. Chin up troops.

 

Another query I got the OH's DSAR from LloydsTSB last week, and there was loads of info in there.

 

I have worked out her PPI charges claim (put a post in the PPI forum) and I have worked out a refund for bank charges claim aswell (used the simple charges calculator).

 

I've looked on the LLoydTSB bank charges forum but cannot find a covering letter for the bank charges refund can anyone point me in the right direction?

 

Another query on the DSAR, should default notice paperwork for loans, overdrafts etc not be included in the DSAR as I never got any DNs when I DSAR'd HSBC either? Cheers PM

[penmarine]

Guys and Girls, just realised (its only taken me nearly 6 months) that one of the OH creditors after interest get £5 to pay toward the outstanding balance. Was thinking about sending the following letter for her, any comments welcome.

 

Mrs Big Balls

15 Nov 10

Credit Card Company

Dear Sir/Madam

 

Re Account No/Reference No:−

Request to Freeze Interest on Account

Since making that above agreement with you, my circumstances have changed as you already know.

 

I cannot afford to pay for the agreed monthly payments because I do not currently work. My husband actually pays the £xxxxx reduced payment each month and has done for nearly 12 months. He does realise that it is not his responsibility to actually pay the reduced payment, but he does pay it out of moral responsibility to me. I myself do not receive any money and rely solely on my husband for financial support.

He has pointed out that each month approximately £5 is paid off the balance, after interest charges are placed on the account. If the interest was frozen the debt would be cleared considerably quicker than having interest charges continue. I am quite aware that I got myself into the situation and that the money owed requires repayment which I am committed to. However my husband is quite aware of his rights and realises that my debts are not his and he has no lawfully requirement to pay them.

In view of my circumstances, please would you agree to freeze interest so that all payments continue and payments that are made will reduce what I owe you.

 

Should my circumstances improve I will contact you again.

 

Thank you for your assistance. I look forward to hearing from you as soon as possible.

 

Yours faithfully

 

Mrs Big Balls

[Bazooka Boo]

There is a template somewhere asking them to stop or reduce the interest as per normal, I can't find it!

As you can see if they don't stop the interest then it is pointless in paying them anything as it isn't reducing the balance, your letter will fall on deaf ears unfortunately as these people are not in the slightest bit interested in you or your husband nor that you are only reducing the amount by £5 per month, to them you are now a cash cow and a regular provider for their wages.

 

Request to stop interest on account.

 

Dear Sir/madam,

 

My circumstances have changed and I would like to request that the interest on the above account be stopped in order to reduce the amount considerably faster than at its current rate.

I look forward to your prompt reply, and should my circumstances change in the future I will of course let you know.

Thank you.

 

They don't need to know anything else, if they attempt to get you to fill in an I&E form then they can go forth, in the same sense if they refuse to stop the interest, then in light of your situation, I would offer them the token payment of £1 a month.

[Bazooka Boo]

You've got to doff your hat to their persistence though! A little like trying to get over the 12ft wall when your the last man.....

[penmarine]

Hi Caggers, it's been a while now and it's been quiet, well apart from Robbers Way sending me gash through the post (ignored) and Capquest for the wife (dodgy phone calls from them, answered one day and threatened them with the authorities and I didn't mean Trading Standards either seemed to have worked).

 

I have a question, strange old thing.

 

I SAR'd MBNA for my info as per post 182 without looking and they sent it to the wrong address.

I complained directly to the ICO Jan 11 and have not heard anything from either the ICO, MBNA, and the DCAs "looking after the accounts".

 

Is this normal when MBNA mess up or do they cool it off when the ICO get involved for a serious breach of data protection?

 

On a lighter note got 2 complaints in with the FOS in regard to the wife's LTSB accounts for PPI and unfair bank charges went down the personal route with the bank charges for her to see if it will have a bearing on the outcome.

 

Been told they have a back log of work, not surprised reading the news lately about LTSB and the volume of complaints.

 

I'd like to say thank you to everyone for their help on my journey so far, this may be the last chance I get to use the forum for a while.

 

My better half may come on in the coming months in my absence to ask for help, it would be much appreciated if you could help her as much as you've helped me. Cheers Caggers all the best for the rest of the year and beyond.

[penmarine]

Hello again,

got a letter from Robbers Way today asking me to validate I lived at my previous address and that if not they'd correct their records accordingly.

 

Should I reply to them and say no I never lived there (which technically I didn't) or reply and say yes its me start cutting forests down so you can send me loads of c$%p letters?

 

I'm not bothered about the debt as it is from HSBC for a bank account (overdrawn) and credit card from nearly ten years ago and when I DSAR'd the bank, there was no CCA's, DN's, NOA's etc so I know they are just trying to cash cow me.

 

I must say I'm very impressed with how quickly they got hold of me, only been back in the country 2 months, god bless the electoral roll.

 

Thoughts appreciated as always.

 

P.S. Happy Xmas and New Year to everyone.

[Bazooka Boo]

Hello PM, Merry crimble and all that jazz!

My first reaction was to say "No, stuff em" they should have enough knowledge and info to confirm you are who you say you are, IMO if they are attempting to get more info off you, then they are merely phisihing and can go swing a cat, give them nowt, write back (if you want) and thank them for their confirmation that this trivial matter is now closed and you won't hear from their sad sorry face again!

[penmarine]

Had some mug from Robbers Way on the phone this afternoon,

are you,

yes,

can I have your date of birth etc,

no!

Who are you

I'm a butt muncher from Robbers Way,

yes I know what your company. blah blah blah

 

suffice to say he didn't get anywhere fast,

even went quiet,

called him a and he hung up.

 

Anyone else been getting phone calls from Robbers lately with some pathetic bloke who cannot speak english very well trying to demand money off you?

 

I only wonder as I was about to start humming and harring about ID confirmation before he'd clearly had enough of my questions to him and went deathly silent.

 

I expect a letter in a couple of days lol.

[Bazooka Boo]

Play them at their own game, string em along, play with them, laugh at them if they ring again and hang up, DCA's should always be taken with a pinch of salt, they have ridden roughshod over people for far too long, I don't give any of them the time of day anymore, less for baiting them.

[ScarletPimpernel]

some pathetic bloke who cannot speak english very well

 

The Manchester accent is very unattractive, isn't it?

 

I have had fun with the Salford clowns in the past - their writing skills are as good as their verbal ones, but like Bazooka I can't be bothered to take them to task much these days. In general I just ignore them. Fredricksons have been trying to ring me recently, but my phone's blacklist defeats them every time.