2 Carcraft debts/ all in one finance & British Credit Trust & Various DCA's

[Feebee_71]

Bringing this back up as I've received a letter today, dated a couple of days ago (though sent 2nd class), informing me that they have terminated my agreement with them for the vehicle as I have breached the agreement and have not taken the steps specified in the default notice to resolve it.

 

Now, this may sound familiar, and it is because they sent me an identical letter back in October!!! Oh, and they've charged me £75 for this duplicate termination notice.

 

Surely they can't terminate an already terminated agreement?

 

I have also received a couple of letters since Easter documenting charges added to my account and have included 2 charges (the same amount of money) on the same date before Easter - one for a visit fee and the other for repossession fees. There have also been £25 letter fees charged on both occasions that I've received letters since Easter.

 

Feebee_71

[Feebee_71]

Yes I know they could all be described in that way by many users of this site but surely this story must take the biscuit.

 

I have an account which I am paying through a DCA - they have not added any charges, are accepting a reasonable amount each month (which the OC refused to do) and didn't insist on me paying by direct debit.

 

Today I received a letter informing me that the account has been passed to Resolution Legal Services as I have 'failed to resolve this matter' and that 'unless you settle the amount in full by xx/xx/xx or you now agree to substantial installments, which are strictly adhered to we will have no alternative but to consider commencement of legal proceedings against you'

 

There are more if's and maybe's in the letter so I know it's all empty threats - at the moment anyway!! However, I am in a cheerful mood and wanted something to make me laugh a bit more and decided to give this company a call regarding their letter. I have no intention of paying more than I have been, will bot be bulied by someone who has all the power of bumping gums because they forgot their false teeth when they left for work in the morning.

 

I withheld the number of the phone I was calling from and rang them on their 0845 number and, when asked, gave them my reference number (oh dear it was the client reference number and not their own - which just happens to be the same reference number that the DCA I am paying uses - and that was a genuine error on my behalf) they couldn't find the account from the reference number so asked me for my postcode. I gave this - they still couldn't find any details of an account.

 

At this point I simply said to the person on the other end of the phone - "well, if you can't find any record of me in your systems despite writing to me, then I will assume there is no reason for me to deal with your company so I will continue to deal with the company you claim have passed the account on to you. Thank you for taking the time to confirm you have no record of me on your system, I'll say goodbye now."

 

I know we shouldn't deal with DCAs but, as I said, I wanted to have a bit of a laugh on a sunny day and know I can return any further letters they send me as they can't find me on their system.

 

Hope this tale brought a smile to more faces than just mine!!

 

Feebee_71

[Stigman]

If they are passing your Account on to another DCA, you need to start asking a couple of questions...

 

1) You need to see a full statement of Account

 

2) Is your money to the DCA going off the debt or into their pockets?

 

3) Have you checked your Credit Reference File to see if the debt is listed, if it is are the payments to the DCA being updated by the owner and the balance reducing?

 

Stigman

[Feebee_71]

Just had a look and the account is showing on there. The defaukl sum is correct and, apart from not having been updated to show who I'm paying, the balance owed is going down by the same as I am paying each month.

 

This leads me to believe the full amount paid is going to the OC not the DCA.

 

How would I go about getting a full statement of account apart from contacting the OC which I don't really want to do as they wouldn't have anything to do with me when I first lost my job and tried to reduce the amount I was paying. I had to wait for them to send it to their toothless sharks who did agree to a reasonable repayment amount.

 

Feebee_71

[Bazooka Boo]

IMO, and it is just my opinion, if the OC doesn't want you to pay them direct, then they clearly don't want the money they claim you owe them.

 

I would never pay a DCA, the OC has the responsibility, and I really couldn't care less if they want to pass it to a third party DCA, my money would go to the OC direct.

 

Who is the DCA, it is probably the in house one they use.

[Feebee_71]

DCA are Red Castle Recoveries.

 

Feebee_71

[renegadeimp]

Keywords in that letter:

 

consider commencement of legal proceedings against you

 

Just another threat-o-gram. Ignore it and continue your repayments.

[Feebee_71]

Keywords in that letter:

 

 

 

Just another threat-o-gram. Ignore it and continue your repayments.

 

Oh, I intend to do as I've been doing all along. I'm pretty sure I know what's behind this letter - the recent bank Holiday that fell on the day I was supposed to make payment!! I made the payment a day or two earlier but, of course, it won't have shown on their system as being made on the Monday!!

 

My post was more to highlight how stupid they are that they can't trace me either using their client's reference or using my postcode so I'm obviously not on their system - not sure how they managed to send me a letter (clearly automated) if I'm not on their system!! I so enjoyed telling them that I obviously didn't have to deal with them, despite their letter to me, because they had no record of me on their system!!

 

Feebee_71

[cashins]

I sometimes wonder if this is an indication of how far down the tubes we have gone.

 

Ignoring the DCA's., I have crossed swords recently with a large insurance company and a governmental organisation. From the former, a letter from the Head of Whatever with three spelling errors and missing the continuation page, the other despite quoting their own reference, thinking I am someone else entirely.

 

Errrrrrrrrr, you have to wonder how these people find their own way home at night.

 

David

[Bazooka Boo]

Red Castle = Gothia......

[Feebee_71]

Ok, so a development or two on this account.

 

Red Castle sent me a letter telling me there was no agreement on the account and I'm not making payments - both of which is incorrect, there is an agreement and I've stuck to it however, there has been a couple of Bank Holidays and I think their issue is that, with BH's on a Monday the payment is sent earlier than the date (nearly all my benefit payment weeks have fallen on Bank Holidays at start of April, May and June!!) but they don't access the account until after that day. I have ignored that letter as being one of their computer generated threat-o-grams.

 

Now, this week, I've received a letter from Advantis Credit Limited dated a week after I made a payment (on time) to Red Castle saying the account has been passed to them by the OC (All In One Finance - btw my credit agreement was with Creative) saying that they have been instructed to collect the balance which is showing as being outstanding. So, I rang them (withholding my phone number) and told them I have an agreement in place with another company, that has been stuck to and I will be continuing to pay that company - their reply was that the records show no payments are being received by anyone. I asked them what the balance was showing as and, when told, pointed out that that figure is lower than the amount in their letter so that blows that claim out of the water. I also told them that, IF they were to take me to court as they threaten in their letter, a judge would only insist I pay £1/month due to being on benefits and the record of payments since last summer being that I've paid every fortnight and a lot more than £1/month!!

 

Anyway, I'm going to continue to pay Red Castle - they've not written to tell me not to pay them as they no longer hold the account and you can bet that, if I stop paying them I'll have a letter telling me I've broken the arrangement.

 

Feebee_71

[renegadeimp]

Why bother witholding your number? Most DCA's employ a phone system that overrides it. ALso, the reason people say to never call them is because the dca will say anything and everything to get you to agree to their conditions over the phone, or simply to get you to hand over your money.

 

QUick question, are advantis credit working on behalf of Red or have they simply been assigned the debt?

[Feebee_71]

The letter says.....

 

"We have been instructed by our client, All In One Finance, to make arrangements to collect a debt witch our records show as being outstanding."

 

It is not Red (as in Lowells) but Red Castle I have been paying. Every so often I get a letter telling me that their records show the debt is outstanding and that XX (whoever is writing) has been instructed by their client All In One Finance to collec the debt - though there is never anything from AIOF nor is there anything from Red Castle saying I shouldn't be paying them anymore!!

 

The reason for withholding my number is that they don't have it and I don't want them getting it!!

 

Feebee_71

Edited July 29, 2012 by Feebee_71
adding further information

[renegadeimp]

Ahh. SO theyre only acting on behalf. Ignore them and keep paying as you have been. These muppets have no legal rights at all.

 

The debt hasnt been sold or transferred. Theyve just asked some random DCA to chase it up. Similar to you asking a friend if he can go a few houses down the road and ask for the money someone owes you.

[Feebee_71]

Had another letter today from advantis stating that they assume that, as they'd heard nothing from me following their previous letter (not including the phone call when I told them that I was already paying another company a regular amount for the debt they want me to pay them for; that I've never been informed by the OC that they were sending the debt to another company and that, if this monkey outfit try hassling me for payment then the OC are likely to find I reduce the payment to £1/month.) they assume I have no good reason for not coming to an arrangement with them to settle the debt and so are going to recommend the OC to take further action against me!!

 

Anyway, they're not going to get any further response from me about this matter and any more letters that arrive will be sent back as being junk mail!!!

 

I'm actually soon going to be back on my feet as I start working soon after almost 18 months on benefits!!!

 

Feebee_71

Edited August 7, 2012 by Feebee_71

[renegadeimp]

Theyre doing the normal DCA trick. Playing ignorant and hoping you will panic and start sending them more money.

[Feebee_71]

They've got a long wait coming then as I've never paid them anything and have no intentiontmd doing so now - currently I'm paying Red Castle for this and have been since last year so advantis can in hop, skip and jump a long distance off a short pier!!!

 

Feebee_71

[renegadeimp]

And thats why they chase you. You are doing the right thing and getting the DCA frustrated. Not paying them means they dont get their cut and theyre wasting money Meanwhile the OC is happy as you are paying them their money.

[Feebee_71]

Hi,

 

Are the above named company a firm of certified bailiffs or civil enforcement officers?

 

I have had contact from them in regards to a debt matter involving finance on a car that stopped being paid when I stopped working 2 years ago (they put a card through my door yesterday).

 

The person named on the card also rang me (to a mobile number not registered in my name) and claimed to be from the finance company not the above named company!!

 

I have buried my head in the sand rather about this matter as with all my other debts, I cannot afford to pay the amount owed as I'm in a minimum wage job.

 

There is approximately 1 year's worth of finance owed on a 5 year agreement so quite a sum of money.

 

The vehicle is still in my possession but parked on private property away from where I live and is subject to a SORN.

 

Apart from termination and default notices and letters so often bumping up the amount owed by the addition of penalty fees and letter charges and the like I've received no court documents or anything.

 

All I've had from this company was a similar card dropped through my letter any last year some time.

 

Comments will be appreciated.

 

Feebee_71

[wonkeydonkey]

They are repro agents, not debt collectors or bailiffs so you can be certain the reason you have had nothing from the Court is because they have not been there yet to obtain a ccj.

[postggj]

if you have paid more than a third, tell them where to go as they will need a court order to take the vehicle off of private property, that includes your drive

[Feebee_71]

Thanks guys.

Thought that was the case.

 

I had about a years worth of payments left to make so have paid around 80% of the original agreement amount so know they can't take the car without a court order.

 

Also know that I can't VT the agreement without paying off the arrears (don't know if that's the amount shown on the default notice or the actual number of months payments I'm behind) but, if I could afford to do that, I'd cover the outstanding amount of the finance and tell the finance company to 'do one'!!

 

The company are a bit sneaky if they're not bailiffs or enforcement agents putting those words on their employees business cards. Big shame for the chap that called at my home yesterday will rarely find me in as I work every hour available to be able to earn a wage I can actually afford to live on!!

 

Feebee_71

[tomtubby]

I would strongly suggest that you write a letter to the company to outline your financial position and to remind him that you are aware of the legal position regarding your car and that it cannot be seized without a court order etc.

[Feebee_71]

Thanks tomtubby, will get something written this weekend when I get some free time.

 

I presume you mean the finance company not Wrights?

 

Feebee_71

[Feebee_71]

Hi,

 

Rightly or wrongly,

I've been ignoring communications from Cabot Financial about an account worth in the region of £350 that was bought from British Credit Trust.

It dates from a personal loan agreement connected to (but not secured on) a car bought back in about 2008.

The sum passed on is no different to the original amount. Last payment was over 3 years ago (so not SB).

 

Today I've received a letter from Shoesmiths LLP Solicitors stating

"We act on behalf of Cabot Financial (UK) Ltd under instructions from . "

- it does literally say that in the first line/paragraph including the full stop.

 

 

They go on to say that, unless an agreement is reached within 14 days of the date of the letter (dated yesterday),

they are instructed to issue a claim in the county court for recovery of the sums involved and to seek legal costs in addition.

 

They go on to say how it MAY result in a CCJ, that this may affect my ability to gain credit in the future

and, if a judgement is obtained, then they will be I strutted to enforce the judgement

which may include an application for a charging order (I don't own any property)

or other appropriate method of enforcement.

 

 

Further on they say they may be able to accept a sum lower than e amount owing

or agree to regular payments based on a review of my financial circumstances.

 

Just looking for advice really.....

 

Thanks in advance