various PDL debts - help + ringing works number too

[CerberusSco]

Hi,

 

First post here so please be gentle.

 

I'm in the process of trying to help my partner out after she got into an awful mess last year taking out numerous PDL's.

 

At the time she thought they were convenient, but after using various options to roll over the loans,

she quickly found out the hard way and the interest and repayments soon started mounting up.

 

It got to a stage where she couldn't afford to pay them back as the repayments were more than what she had left each month from her wages after her mortgage and bills had been paid.

 

She initially tried contacting a few of them to try and set up a repayment plan,

but some of them didn't want to play ball and some of them still wanted monthly payments more than what she could afford to pay.

 

She was silly so I told her to do the usual, cancel her bank card and default on the repayments.

 

Now she is being contacted by certain DCA's/Parasites with the usual threats of doorstep visits and all the usual nonsense that these parasites threaten people with.

 

So now I've stepped in to try and help her out a little (if I can).

 

I've been reading a lot of info on these forums and found some really good tips and advice that I thought I could use.

 

I've now managed to construct a draft letter to contact 4 particular parasites that include, Mackenzie Hall, Advantis, Roxburghe & Equidebt.

 

I'm hoping that by posting the letter here that someone would be kind enough to give it a once over before I send them off recorded delivery.

 

I'm also hoping that the great community of CAG people will also be able to give me any other helpful advice on how to specifically deal with these cretins.

 

They constantly ring her work, which is a pain as she is a nurse and the last thing she needs is her supervisors pulling her into the office about these calls being made.

They have also tried on numerous occasions to contact her on our home landline and mobile number and due to this we have since changed these numbers.

These pests have also tried to contact her using my mobile number of which they should have no record of as a legitimate contact number as it's never been given to them to use.

 

onto the main details the DCA's & debt is as follows:

 

Mackenzie Hall (on behalf of Quick Quid) - £1021.50

Advantis (on behalf of Txt Loan) - £482.50

Roxburge (on behalf of Think Finance (UK) Ltd) - £230.85

Wquidebt (on behalf of MEM Consumer Finance Ltd (Payday UK) - £114.44

 

As you can see, she has got herself into a right mess.

as I've already said, I have managed to construct a draft letter which I want to send off to these people which will hopefully give us some time to work out what to do next.

 

With reference to the above agreement, I require you to supply the following documentation before I will correspond with you further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974.

 

2. A full statement of account.

 

3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

4. A copy of any other documents referred to in the agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of our credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

Please note that under no circumstances should this payment be set aside any alleged debt. If you are unable to supply the documentation requested, this fee should be returned.

 

I understand a copy of our credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act. 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.

 

I would also like to request a full breakdown of the debt, including specific charges and details of what each charge is for.

 

Please also be advised that I will only communicate with you in writing.

I have noted your repeated attempts to contact me by telephone over the past few months

and these have been duly logged by time and date.

 

Any attempt to contact me via my home, work or mobile phone numbers will put you in breach of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

Furthermore, 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 such an appointment with you.

 

There is only an implied license under Scots Common Law for people to be able to visit me on my property without express permission;

the postman and people asking for directions etc.

 

Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property

and if you attempt to send such a collector to my home, you will also be reported for harassment and I shall seek damages for a delict of trespass.

 

You would also be liable for conspiring in a delict of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.

Should it be necessary, I will obtain an interdict from the Court to prevent you carrying out your threat.

 

I look forward to hearing from you.

 

Yours faithfully

 

Is that ok to send as is or is there anything that would need adding/removing.

 

Also I'd appreciate any other help & advice you guys can give. Sorry for the long winded first post and thanks in advance.

[BRIGADIER2JCS]

Hi welcome to CAG,

 

I'll go through the points in your letter.

1. OK

2. The statment will the the current status of the account at the time of replying to your request.

3.You are not entitled to see the ''Deed of Assignment, the is a coomercial sensitive agreement between the creditor and the assignee.

4. OK

 

The above form a Statutory Request For the production of the Regulated Consumer Credit Agreement ( CCA Request) there is a £1 statutory fee to pay the DCA has 12+2 working days to comply.

 

The balance of your letter amounts to a Subject Access Request to made under the Data Protection Act 1998 this requires the original creditor to supply all the data held on you and the account, there is a £10 statutory fee for this and the creditor has 40 days to cmply.##

 

So CCA request to the DCA addressed to the Compliance Manager, SAR to the Data Controller at the creditors head office.

 

The last part should be a seperate document to the compliance manager at the DCA.

[renegadeimp]

Also, theres no need to mention a deed or a notive of assignment if the dca is just cheering on the oc.

[CerberusSco]

Thanks BRIGADIER2JCS for your reply.

 

At this stage I don't wish to make a SAR. I want to avoid that at the moment, unless you think it's worth applying for? I also don't quite follow how that letter above would amount to a SAR, am I missing something or is just generally the way it has been worded? At this stage all I want to do is CCA request and point out that I don't want to be contact by any means other than in writing and to ward off any "threat" of a doorstep visit.

 

In relation to point 3, not being entitled to see the ''Deed of Assignment, I assumed that I was, but will remove that from my letter.

 

Thanks

 

-Edit-

 

Thanks renegadeimp for your input. Is it worth me scanning the latest letters she has received (less personal identifiers) so you guys can have a look at them?

[dx100uk]

i think the Most important thing here is to send a letter SPECIFICALLY detailing the WORKS numbers

 

and tell them to immediately REMOVE the number from their databases.

 

and to write confirmign this has been done

 

give them 7 days to comply

 

else off to the ICO/OFT without haste.

 

the job need protecting

 

dx

[BRIGADIER2JCS]

The ''Breakdown'' etc will not be available from the DCA they have only minimum data eg Name of creditor name of debtor amount outstanding such info must come from the OC via a SAR.

''The Deed'' is the contract between the creditor and debt purchasor and will not in any case be soley regarding your debt, the debts are sold in portfolio worth hundreds of thousands of pounds.

[CerberusSco]

Ok slightly updated then. Is this any better?

 

Dear Sir or Madam

 

Reference No: xxxxxxxxx

 

With reference to the above agreement, I require you to supply the following documentation before I will correspond with you further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974.

 

2. A full statement of account. The Statement will only be that which was supplied ie the current balance. any more info would need a SAR to the Creditor.

 

3. A copy of any other documents referred to in the agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of our credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

Please note that under no circumstances should this payment be set aside any alleged debt. If you are unable to supply the documentation requested, this fee should be returned.

 

I understand a copy of our credit agreement should be supplied within 12 working days. 12+2 working days (excluded weekends)

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act. 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.

CCA ENDS HERE

 

Comms letter seperate sheet

 

Please also be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few months and these have been duly logged by time and date. Any attempt to contact me via my home, work or mobile phone numbers will put you in breach of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997. I would also like to request that you remove all contact numbers that you may have for me from your database. Please confirm to me in writing that this has been done within the next 7 days. Failure to remove my contact numbers may result in a complaint being submitted to both the ICO & OFT.

 

Furthermore, 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 such an appointment with you. There is only an implied license under Scots Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc. Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you attempt to send such a collector to my home, you will also be reported for harassment and I shall seek damages for a delict of trespass. You would also be liable for conspiring in a delict of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless. Should it be necessary, I will obtain an interdict from the Court to prevent you carrying out your threat.

 

I look forward to hearing from you.

 

Yours faithfully

 

Any better? Yes see comments in red, it's always best to keep all the requests individual otherwise DCAs will ignore on part of a communication if it suits them.

[CerberusSco]

Thanks for editing and the update. Much appreciated. I will fire these off on Monday and keep you updated.

 

Once again thanks so much, really is appreciated.

[CerberusSco]

Sorry, just to clarify. Regarding point number 2 - A full statement of account. Can I request something like: 2. A full statement of account which was supplied to you by the original creditor. This must be a FULL and COMPLETE breakdown of the alleged debt you claim I owe to you. This breakdown must contain all fee's and charges and how they were allocated?

 

I just want to ensure that there aren't any charges on there that really shouldn't be. This is on the off chance that if we can arrange a repayment plan (highly unlikely) she pays what she owes that is reasonable and not unfair/illegal.

 

Thanks again.

[BRIGADIER2JCS]

That is it the statement of the balance bough/sold and no more.

The DCA should accept a ''reasonable'' offer, there is Guidance from the OFT on this.

[CerberusSco]

Top stuff thanks. Much appreciated.

 

Once I get a response from them I'll keep this thread updated and attach any info in pdf format for anyone to take a look at it, should the need arise.

 

Once again, thanks so much for the advice and direction on how to handle these DCA's. She is actually worried that their going to come round and clean the house out. I have reassured her that they can't do anything and it's just an idle threat. Let the games begin.

[CerberusSco]

Hi, just a quick update.

 

I fired off emails to all 4 DCA's in my OP to request them to remove all telephone numbers.

 

I cc'd in myself and requested a read receipt on all the emails.

 

I thought this would be a quicker way to stop the annoying phone calls whilst I submitted the CCA requests and so far this has worked.

 

So far I have only received 2 read receipts from Equidebt & Roxburge.

Roxburghe have confirmed via email that all telephone numbers have been removed.

 

However, my other half has received a letter from Advantis which means they've read the original email sent to them, but failed to give me a read receipt.

 

The CCA requests have also been submitted via Recorded Delivery and I will await a further response as and when I get them.

 

I'd post a link to a scan of the letter from Advantis, but as I haven't got enough posts, I can't.

In essence the long & the short of it is as follows:

 

Outlines the original loan amount my other half took out with Txtloan £200 plus interest of £238.00.

 

Now the interest worries me I thought I'd update this thread to gauge opinions regarding this.

 

It also mentions how we can CCA request which I've ignored as I've already done it.

 

What would you advise my next move would be regarding Advantis or should I wait until the CCA request has been fulfilled?

[renegadeimp]

If they have yet to fulfil the request after you have sent it correctly, then the account is in dispute and is not enforceable until it is fulfilled.

[CerberusSco]

They did say in their letter that the account is on hold for 14 days. My query is surely they can't charge that amount of interest can they? Sorry I should of mentioned that in my last post.

[renegadeimp]

Did they say they are putting it on hold while they request info from their client? If so, they are doing things the right way.... so far.

[CerberusSco]

No, that was their response to ask them to remove all contact numbers from their records. No response as yet from any company regarding the CCA's

[renegadeimp]

Ok. no response for CCA's means they cant collect yet. I'm wondering why they put your account on hold for 14 days when you told them to remove your details.

[CerberusSco]

Aye, that's why I thought I'd ask and not only that the amount of interest that's been added to the outstanding amount is shocking. I'm not surprised really, but that does seem way to high and a bit illegal imo. Cheers for the help so far renegadeimp, what I'll do is wait for the CCA's to come back and then post them here when I have them for further advice. At least for now the calls have stopped (so far). Every letter, email & response I have received has been scanned, kept, uploaded to dropbox/skydrive/photobucket so I'm keeping a full paper trail.

[dx100uk]

use this to post stuff up

you dont need any post count

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

DO NOT USE ANY PDF EDITOR TO BLANK STUFF, THAT CAN BE REMOVED

*************************************************************

DO IT IN MSPAINT.EXE or any photo editing program

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[renegadeimp]

Who added on the extra interest? The OC or the DCA? If the DCA has and the DCA owns the debt, they cant add on charges like that unless its in the toc's. If the DCA has and they dont own the debt, thats a very big no-no.

[CerberusSco]

@dx100uk Thanks, I was looking for that

 

@renegadeimp Not sure who's added the interest, but I suppose that will become clearer once the CCA request has been fulfilled.

 

The response from Advantis has been attached. Just a standard letter really.

[renegadeimp]

Well, at least we know that the OC still owns the debt and advantis are just sending out silly threats.

[dx100uk]

std threat-o-gram

 

if they are sending threats

they need the cca.

 

got loads of those letters on here already

they are a temple as such

 

dx