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Egg,MBNA,Virgin,Halifax and the your favourite DCA's

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Finally took the plunge to join and ask for guidance after many days of reading that have opened my eyes wider than ever before but at times also left me confused. Never been one to ask for help but I guess everyone admits defeat sometime in there life.

Arough outline of my situation :

 

Fell into financial difficulty about 3 years ago after a couple of clients knocked me for large sums of money and being a self employed (sole trader) construction worker , thats game over for many. Have struggled and fought my way to where I am today which is as follows

 

Credit Card MBNA/Virgin £12k - Currently in the hands of a popular company called AKTIV CAPITAL - Letters twice a week phone calls 3-4 times a day starting at 8am finishing at 9pm , Account opened Oct 2005 , only had one chat with AKTIV a few months ago where i tried to set up a low payment agreement but was unable to even make first payment.

 

Credit Card Egg Banking plc £10k - Currently in the hands of ARC(Europe)Ltd - Had an agreement of £50 per month with them but they recently reviewed it as I couldnt make 1 months payment, managed to make the payment the folllowing month and they have accepted that if I forward a I/O schedule to them. Unlikely I will be able make this months payment. Account was online only and can not access it to see when definately opened.

 

Credit Card HBOS £1,500 - Currently in the hands of Robinson Way LTD , previously in hands of Robinson,Way and Comapny Ltd . Had an arrangement of £30 per month which i have managed to keep every month , Horwich Farrely send reminders and "payment recieved" with out fail every month

 

Unsecured Loan Santander £2k remaining from an initial 6k borrowed - Currently in hands of Hillesden Securities Ltd I believe but have been dealing with Direct Legal & Collections. Had an arrangment of £20 per month but am unable to pay at present so am waiting a letter from them.

 

Bank Account Santander £4,500 Closed by Santander a year ago as couldnt make the repayment plan they were suggesting , they advised I let it go to a DLC as might be easier on me , currently in hands of Wescott Credit Services LTD and letters also from Nelson Guest Solicitors . Have avoided contact to date

 

I dont have any letters from any of these saying "sold on" etc so that is why I say currently in hands of.

I do have a property which I have worked like crazy to get initially and have just cleared my arrears on and am now up to date with mortgage , but the DCA's chase me at parents address as its where bank accccounts were registered etc

 

Having read as many threads as possible over the last 3 days am just looking for a knowledgable push in right direction. Was going to jump straight in with CCA requests to the credit card ones but a post at beginning of year confused me regarding the true worth of them (egg,MBNA). Due to the current climate the one thing I do have is time for reading etc

 

If I have put too much info in this thread a Mod can Edit or delete as they see fit , being a newb Im not to sure but didnt want to waste peoples time posting back asking for more details so it's all here worts and all

 

I look forward to any help I can get to help me avoid the dreaded bankruptcy and maybe even get a full nights sleep

 

Thx in advance

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Welcome to the forum and congratulations on posting!

 

It is the first step in getting your life back.

 

Others will be here with more specific advice.

 

I can only advise on my own experience and what I have picked up on here.

 

My instinct would be to go down the route of CCA'ing the DCA's dealing with the alleged debts. That way at least you will know which ones are enforceable and which arent.

 

Monx

Edited by MONX
missed a bit lol
  • Haha 1

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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Hi and welcome

 

Your first step is to send a seperate CCA Request as below for each account. Send to the latest DCA who are chasing, then sit back and wait. This will also deal with harrassment over the phone etc.

 

Send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Tradinglink3.gif Regulations 2008 (CPUTR).

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

(Optional)

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. (Optional)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not signlink3.gif

  • Haha 1

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Thx for warm wlecome and fast response , picked up 5 PO's earlier in anticipation , 2 quick questions if possible .

1.Shall i send C/O address they write to or from the property I actually own as everything is sent to parents address from all DCA's?

2.Are the P/O made payable to the DCA?

 

Thx in advance

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Thx for warm wlecome and fast response , picked up 5 PO's earlier in anticipation , 2 quick questions if possible .

1.Shall i send C/O address they write to or from the property I actually own as everything is sent to parents address from all DCA's?

2.Are the P/O made payable to the DCA?

 

Thx in advance

 

Apologies for rating my thread , only joined today . Can a Mod remove if possible :oops:

 

Have letters,envelopes and P/O's ready to go , would be grateful for guidance on my two questions above

 

Thx in advance

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Best nights sleep for ages and havent even got started, I guess asking for help really is the first stage.

Searched like crazy this morning and found that the P/O should be payable to the DCA for now. Can't find anything regarding where to address it from so will just put "C/O" the address the DCA's all write to

Off to Post Office to really start the process and start my 12+2 wait , will post again then , more reading time I guess

 

Thx CAG

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Received first reply out of 5 hopefuls and it happened to be from ARC re: Egg CC , from what i can find other in other threads its there standard letter basically saying contact Egg for a CCA not us , they returned £1 P/O aswell

 

In the CCA it clearly says " If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties"

 

So do I return the P/O to ARC clearly stating the above paragraph or go to Egg myself , also how does my 12+2 now apply , is it reset or am I still working from my original date of when i sent CCA request by recoreded delivery .

 

Thx all Caggers for help so far

 

Can a Mod remove star rating on thread as this was a noobie accident on my first day in forum

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Received first reply out of 5 hopefuls and it happened to be from ARC re: Egglink3.gif CC , from what i can find other in other threads its there standard letter basically saying contact Egg for a CCA not us , they returned £1 P/O aswell

 

In the CCA it clearly says " If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties"

 

So do I return the P/O to ARC clearly stating the above paragraph or go to Egg myself ? Also how does my 12+2 now apply , is it reset or am I still working from my original date of when i sent CCA request by recoreded delivery ??

 

Thx all Caggers for help so far

Edited by Reepo
missed punctuation

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Guest HeftyHippo

this is the situation:

you made a request that is your right under the relevant legislation. They declined to fulfil your request. The CCA specifically says that a creditor cannot enforce the debt until it fulfils your request to see the agreement. It is a common response that the DCA send the money back and tell you to contact the lender. You can read yourself, you know what you told them. They just ignore it such is their respect for the law.

 

What happens now is up to you. You can send it to the creditor if yuo like. If you do, you should complain to them abou their agent. After 8 weeks, you can report the matter to the FSO. So you can complain in 8 weeks about the DCA, or if you don't like the response from the lender about yuor complaint, you can complain about that 8 weeks after you get their reposnse. (yu will have plenty of chances to complain!) You can complain to OFT or consumer direct any time.

 

If you dont want to make the request to the lender, you dont have to. You should wait for the time (12 days after the DCA got the request) to expire, and then write to them and tell them that as they did not satisfy your CCA request, they cannot enforce the agreement (which may not actualy exist), or collect any money, and you are not obliged to pay anything. Send that to the DCA and to the creditor if you like, and wait.

 

The letter will probaly be ignored (theyre good at that). Stick to your guns, and keep repeating what you told them. Eventually, they'll either cough up with the agreement or you will have the opportunity to complain about their harrasment

 

Be warned though. If they do send a CCA, it may be a 'reconstructed' one, ie, what they say the agreement would've looked like and it wont have your signature on it. It may not be a copy of the actuall agreement at all, it may be something knocked up on a word processor. It may be accurate, it may not. If they do send a recon, you won't actually know if they have your actual agreement. To be sure of getting a copy of the actual agreement, you have to make a request under the DPA for a Subject Access Request. However, for the time being, you can stick to the CCA route, unless you want to see ASAP if they have an actual agreement. Of course, they may send the actual agreement for your CCA request, rather than a recon, it differs with banks. Some will say if they don't send a copy of your agreement, then they dont have it. NOT TRUE. Some banks are deliberately arsey, adn will tell you many many times they are not obliged to gice you a copy with your signature on it, They are correct. It doesnt mean they dont have a copy. They are either just awkward, or it is too expensive or difficult to find your agreement and retrieve it from the archives. I had 2 banks that were really awkward and refused to confirm if they had they agreement, and insisted they had satisfied my CCA. They had, They were just awkward about confirming if they had the original. Eventually, I made a SAR, and lo, there they were, 2 pristine agreements, perfectly complying with the legislation. So, the fact that they wont confirm they have the signed original does not mean they dont have it.

 

The whole thing with dealing with these morons gets a bit repetitive, because none of them answer a straight question, and their whole tactic is just to frustrate you and confuse you

 

It takes patience, time, and good record keeping, but eventually you will find the truth, and will know more than them and will be able to deal with them

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Guest HeftyHippo

can anyone else see that advert thats appeared i my post? how the hell did that get their? I dissociate myself with that and any advert unless _I_ put it there

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Thanks for the very detailed reply Hippo , more than appreciated . I think I will wait for the 12 days to finish then send "in dispute" letter to the DCA as much as a delaying tactic than any , I have no doubts I will be sending a SAR to egg in the very near future as had a PPI issue with them a few years ago before I knew about places like CAG , they fobbed me off and just said the matter was finished with. I now know all that all of my 5 CCA requests have been delivered so might be a busy few weeks coming up . Hasn't stopped Aktiv Kapital phoning my mobile 22 times and RobinWay 9 times in 4 days ,oh and the lovely text messages from RobinWay , a record ? lol

 

Advert seems to appear on last post each time , I had it earlier , can Site Team shed any light ?

Thx again Hippo

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