I just don't need all that stress again

[Chrissie1980]

Hi I am new to this site and I need some advice,

 

I am about to send these letters off to

Cabot,

Fredrickson International and

Mackenzie Hall

 

what are the chances that these are going to be sucessful?

 

I know it sounds like a stupid question but these debts have had me under a lot of stress the past 9 years and I just want them fininshed with.

 

Its a long story but I helped out a now ex who in turn didn't help me and I was dumped with the repayments as well as the flat rent and bills!!

 

So very stressful time.

 

I just don't need all that stress again,

my loan is with HSBC as well as

a Credit card

both with Cabot

 

the card is 12 years old and

the loan is 9 years,

 

Fredrickson is Littlewoods from about 6 years and

Mackenzie hall is Capital One from about 6 years too.

 

I did try doing this through a company but they were dragging their heels alot

and were taking payments off me but nothing seemed to be happening what I am weary of now though is that they will have these documents from that point?

 

Im rambling now sorry but please any advice will do :o)

[Typhoon]

Chrissie,

 

This is the first step and the correct way to go. Make sure to include a £1 postal order with each letter and DON'T DON'T DON'T sign the letters. It wouldn't be the first time they'll have an unsigned agreement and conveniently enter your signature from a letter.

 

If any of them come back and say they are requesting the documents from their "client", immediately send them the new European Union Directive regulations below, they hate this and if any single part of their argument is not 100% in order, they will drop the account like a hot potato. All DCAs acting on behalf of an original creditor must now have a full assignment of benefits and responsibilities for the original agreement. In short, they must not be acting on behalf of another organisation.

 

16. ASSIGNMENT OF RIGHTS

16.1 Where any rights of a creditor under a consumer credit agreement (for example the right to be repaid the money) are sold or transferred to a third party, notice of that assignment must be given to the borrower as soon as reasonably possible, except in the circumstances described below. This requirement applies to all regulated consumer credit agreements other than agreements secured on land. This requirement is in new section 82A of the CCA43.

 

16.2 It is the responsibility of the assignee (the creditor acquiring the rights) to ensure that notice is given. However, he does not have to give notice himself, but can agree with the assignor (the creditor assigning the rights) that the assignor will give notice instead, depending on what is more sensible in the circumstances. It is important, however, that notice is given as soon as reasonably possible and in a way that is clearly understandable by the borrower.

 

16.3 Notice does not have to be given where arrangements for servicing the credit are unchanged as far as the borrower is concerned. For example, if Creditor A sells his rights under a credit agreement to Creditor B but Creditor A still collects the borrower’s repayments in the same way and is the only point of contact for the borrower on matters regarding the agreement, notice does not have to be given.

 

16.4 Where notice has not been given, and arrangements for servicing the credit do subsequently change, the borrower must be informed of the assignment on or before the date that change happens. Again, this must be readily comprehensible to the borrower.

 

16.5 The definition of “creditor” in section 189 of the CCA applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party."

 

The CAG is full of helpful people, you are in the right place. Don't let these companies get you down.

[zubo]

Hi I am new to this site and I need some advice, I am about to send these letters off to Cabot, Fredrickson International and Mackenzie Hall what are the chances that these are going to be sucessful? I know it sounds like a stupid question but these debts have had me under a lot of stress the past 9 years and I just want them fininshed with. Its a long story but I helped out a now ex who in turn didn't help me and I was dumped with the repayments as well as the flat rent and bills!! So very stressful time.

 

I just don't need all that stress again, my loan is with HSBC as well as a Credit card both with Cabot the card is 12 years old and the loan is 9 years, Fredrickson is Littlewoods from about 6 years and Mackenzie hall is Capital One from about 6 years too. I did try doing this through a company but they were dragging their heels alot and were taking payments off me but nothing seemed to be happening what I am weary of now though is that they will have these documents from that point?

 

Im rambling now sorry but please any advice will do :o)

 

Chrissie,

 

First of all.. stop worrying... most people here are good reliable and helpful, so listen to good advice.

 

Second, don't pay one of these companies to help you... there is a whole stack of unreliable businesses setup who feed off people like yourself who are vulnerable.

 

Third is do use the standard letter on this site to request the Loan or Credit Card agreement for each one with the fee for each. Make sure each is sent registered post.

 

If you wish to pm me with each I will assist you with wording, I am curious from your story as to who were the signatories on the agreement.

 

Also note, the creditors OR companies who have bought the debt must send the fully executed agreement including prescribed terms and Terms and Conditions within the timescale stipulated by the Act. If they fail to do so then you are entitled to place the debt in dispute and make no further payments until such time that they do so. It would onviously be advisable that you made that clear to them in writing before you did so. That tends to provide the response from them that you need rather than what I have read recently with people still waiting and wondering 6 months later. The ball will be in THEIR court to sort out and not yours to wonder.

 

One final point... I have read up a couple of posts someone phoning..... never never ever phone them nor respond if they phone you. You must insist for accuracy sake that everything is put in writing!!

 

ok??

 

Z

[Chrissie1980]

Hi Guys

 

Thank you so much for your advice, I have sent the letters this afternoon but it was a template I got from an earlier post with the £1 postal order attached.

 

The loans and credit cards were all in my name Zorro so really I have no leg to stand on and considering he has done a runner and I have no idea where he is theres no point in trying to pursue that one!

 

Yea I have kinda learnt my lesson from paying one of those companies but thats money down the drain too! Wonder if I can get that back?? hmmmmm

 

I will let you know the outcome of these letters, only prob is I did sign them and now I am worried they are going to pull a fast one on me!!

 

Many Thanks

[cerberusalert]

Posts moved and new thread created in the Debt Collection Forum.

[bazaar]

If youve already signed and sent, dont worry too much, did you keep proof of postage?

If these accounts are as old as you say, when was the last payment made on each?

[Chrissie1980]

oh about 3 years ago the last payment was made, I have the proof here they were sent recorded delivery too so I can track them. I have all reciepts and copies of the letters.

 

I don't know why I didn't just do it myself first time round, I suppose I thought it would be quicker going through a so called law firm.

[BRIGADIER2JCS]

Have you done CCA requests on these yet some of the older agreements

may be open to challenge.?

[Bazooka Boo]

Keep a diary of events, NEVER talk to them over the phone.

 

Keep EVERYTHING in writing.

 

If recorded delivery is too expensive, then send them 2nd class but obtain "Proof of posting" from the PO counter, that is all a Judge would need to see.

 

How much are each of the individual debts?

 

If they do ring, laugh and put the phone down, DO NOT go through what they claim are "security questions", whose security?? I think you mean data protection questions muppet!

 

And above all else remember that these clowns are NOT bailiffs, and never will be, they have NO LEGAL rights to be on your property, knock your door or ring your door bell, they do however like to harass people (which IS a criminal offence) over the phone and send out silly little letters they concocted in their playtime at school.

[Chrissie1980]

Have you done CCA requests on these yet some of the older agreements

may be open to challenge.?

 

 

I sent them off yesterday so fingers crossed something comes from it in my favour!!

[Chrissie1980]

Hi guys, well a quick update I have had 2 letters back from Cabot and one states that they had a letter from 2009 requesting this information and they are still waiting, am I right to assume I can now write to them and state that they are committing an offence by asking me the pay the balance as they failed to come up with the agreement?

 

This was the company I mentioned earlier who dragged their heals in sorting all this out.

 

Also the other letter I received said they are requesting it from the original company but I know there is a new law but will this be effective on this account as it went over to Cabot in 2008??

 

Thanks guys you are being a really great help

[Chrissie1980]

Can you please tell me if this sounds ok?

 

Dear Sirs

Thank you for your letter dated 29th July 2011 stating that this information was already requested on the 23rd June 2009, can you please send me all the responses from 29th June, 10th, 22nd July and the 3rd August 2009 as I do not recall seeing them.

Also since this request has already been made 2 years ago and the agreement has still not been located therefore this is an unenforceable debt and your request for payment is now a criminal offence.

I trust this account is now closed and any defaults you may have attached to my credit file as a result of this account are now removed, also any monies owed to me that have been falsely taken with regards to this account be paid back in full.

Again thinks for your help guys it really is much appreciated :o)

[BRIGADIER2JCS]

No the offence you refer to does not exist now, you put the account in dispute

and the only restriction on the creditor/DCA is they cannot start court action while the dispute

continues, uswe the dispute letter from the CAG library.

The defaults will continue until the drop off your file 6 years after they were place.

The fact that the CCA is ''unavailable'' does not mean that the debt exists, and the dispute as said only

prevents the start of litigation, they can continue normal collection action.

[Chrissie1980]

Even though it has been 2 years since the original letter was sent requesting the information and still nothing?

[BRIGADIER2JCS]

Sorry to say there is no time limit except the

statute of limitations 6 years.

[Chrissie1980]

which letter should I use then? Is there nothing I can do as the request has gone over the 30 days?

[BRIGADIER2JCS]

The only thing is the account in dispute letter, just stating that

as they have failed to comply with your lawful request under CCA 1974

the account is in dispute, if you are unlikely to ever be able to comply

you must tell me in writing, and close the account.

This letter in not acknowledgement of any alleged debt.

And suggests you return the account to the original creditor.

 

fill in yours and their details to suit.

[Chrissie1980]

Thank you so much you are such a great help I will keep you posted :o)

[BRIGADIER2JCS]

Your welcome, sorry it is not more positive for you.

 

Brig.

[Chrissie1980]

Hopefully it will be and I can leave this all in the past!

 

Thank you again

[Bazooka Boo]

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

 

Send them that above. Start a complaint with the OFT&TS via http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948

[BRIGADIER2JCS]

Thanks for posting that BB I still can't get links to work

on this lap top it's not the site so must be me.

[Bazooka Boo]

Have you got this bookmarked?

http://www.consumeractiongroup.co.uk/forum/content.php?68-debt-collection-library

[BRIGADIER2JCS]

I have yes, going to get this sorted at the weekend,

by one of my sons he reckons it's a software prob.

[Chrissie1980]

Thank you so much guys for your help..... I don't think I could do all this without you