Me and lots of old debt

[hamadryad]

Hi Guys,

 

Can I ask, (not that I'm at home at the mo), but should I send CCA requests to ALL my creditors, even the original ones that I took the agreements out with?

 

Surely they will have the original docs on file.

 

I have been paying the original creditors, as well as 2 DCA's as you will see from the history.

 

If I've been paying them regularly & consistently as I have, then surely there will be no grounds to proceed to court action.

 

your thoughts, as ever, are most welcome.

 

H

[dx100uk]

yes

 

 

for £1 it wont hurt you!!

 

 

dx

[hamadryad]

It's not the money!

 

Thanks though.

 

H

[hamadryad]

I have today received an email from moorcroft. The address is: [email protected]

 

I can only assume that they have called the house and experienced my mother's confusion!

 

I'll know if they have, and woe betide them if that's the case!

 

H

[Bazooka Boo]

What did their email say?

[hamadryad]

Hi,

 

The first one acknowledged that they have the correct email address.

 

I responded to say that they had.

 

The next email wants a breakdown of my income & expenditure. They already have that from ages back & I don't want them to know anymore information about me.

 

They are also running out of time for the cca requests.

 

If I don't get copies of the original agreements, what then?

[dx100uk]

IMHO you stop payment.

 

 

dx

[hamadryad]

Well, I've just been away for a few days, (I'm sure you understand how much a break is required when looking after elderly relatives), and the best news greeted me on my return!

 

I have a new job!

 

Thing is, this changes the situation somewhat. I now have an income that I didn't have before. It follows that the minimal payment I was making is now not appropriate and they could justifiably ask me to pay more. Especially if I complete the Income & Expenditure form honestly.

 

I feel like I'm stuck in a quandary really.

 

H

[SabreSheep]

You do not need to provide another I+E to moorcap

 

Wait until the CCA returns before worrying about the next step.

 

Congrats on the new job

[hamadryad]

Thanks SS,

 

I have informed all my creditors of my new address in late March, but have only heard back from Moorcroft and Capquest. Nothing from any of the others.

 

I sent the CCA requests to the 2 DCA's on 01/04/15 and have heard nothing back as at today.

 

My understanding is, that they have 12+2 days.

If I have heard nothing by Wednesday, (15th), I propose to inform them that since they cannot provide me with the original agreement, I do not owe them anything and will therefore cease payment forthwith.

 

My guess is that I'll receive a forest through the door, but if they cannot prove I owe them money, they are entitled to nothing and that's exactly what they will get.

 

However, does the lack of the original agreement mean they can still take me to court to recover any monies?

 

Also:

I did not send a CCA request to the original creditors. Clearly, both they and I know that I took credit out with them and therefore they should have the original agreements. On advice from dx however, I will send them CCA requests as soon as I can get to the PO and get the Postal orders. Clearly if they cannot respond to my letter, then they may very well not have the original agreements either.

 

If they do not respond within the timeframe either, can they pursue me through the courts?

 

Further, let's say that none of my creditors can answer the CCA request satisfactorily.

Does this mean that the debts are unenforceable?

If they are unenforceable, can they be expunged from my credit file?

If not, then is there a time bar, after which they are wiped anyway?

 

H

[dx100uk]

don't forget a CCA request is 12+2 working days

 

 

dx

[hamadryad]

Ahha!

 

I'll remember that. That gives them until about 20/21 then.

Damn, I was beginning to think the light at the end of the tunnel was getting brighter, not dimmer!

 

Ah well.....

 

Thanks, as ever.

 

H

[hamadryad]

Hi all,

 

The story so far..........

Moorcroft have sent another email with an attachment that I cannot open. I assume that it is the same I&E thing that they sent before.

Capquest have refused to communicate by email, so their letters will all go in the bin. They were warned what could happen to the letters, (due to my mother), so they will reap as they sow!

 

Letters to the other creditors will go off tomorrow.

 

Do I have to tell anyone about my new job though?

 

H

[hamadryad]

Hi,

 

Not too sure where the previous message went, but I was wrong about the email.

 

It would seem that Moorcroft are now the custodians of my Abbey CCard too.

 

I seem to be losing track of things, (which I guess is one of their hopes, and by which they can pursue me), but I'm still making the payments to the original creditors, so they can go swivel!

 

Easter has thrown a little spanner into the works, working days and all, but I'll be firing off the necessary paperwork at the weekend I think, when I've got time to manage all this dross.

 

H

[Bazooka Boo]

As long as you're paying the OC then correct, their tame little gophers can swing!

 

I was doing the same with a CC, until my £1 a month began bouncing back, so I simply stopped, and ignored the tame DCA.

 

Cr@pquest and their refusal to communicate with you as you wish, can indeed reap what they sow, start their complaints process if they have one?

Or at the very least fire off an email of complaint too them, give them 8 weeks to respond, then escalate it to the FCA.

[hamadryad]

Hi BB,

 

Cr@pquest claim they cannot communicate via email due to the data protection act.

Personally I think that's a load of bollocks really, since they communicate round themselves by email, all companies do!

I don't plan on upping the £5/m im paying all of them anyway.

They have all been told not to come here & why.

They have all been told not to telephone here & why.

 

I want out of this mess soon though. It's a bit like a millstone. I can't replace the car unless I do it cash etc. It's the little things, you know!

 

H

[Bazooka Boo]

They are truly mistaken, it has NOTHING to do with the DPA!

 

YOU have every right to dictate to them your 'preferred' method of communication, they are on thin ice here, as this

not only goes against the FCA's (old OFT's) Guidelines, but could also be a breach of the equality act.

 

What if you're blind and use text to speech on your computer?

 

They are just being their usual obstinate petulant selves.

[hamadryad]

Thanks BB,

 

This weekend, when I've got a little time to myself, I'll fire off a volley at them & tell them that, in no uncertain terms, that they may only communicate with me by email; and that any and all written communication will be ignored.

 

We'll see what happens then. I suspect they will have to give in.

 

I haven't checked, but maybe they don't want to communicate that way because they fear they'll be inundated with emails of complaint.

 

H

[Bazooka Boo]

Have a look at the OLD OFT debt collection guidelines, (in a rush at the min) I know the FCA have taken over, but the FCA have adopted the exact same DCG's as the OFT implemented,

 

Whilst they're only guidleines, you also have the equality act etc etc, as I say I'm in a rush so can't post you the links, will have more time tomorrow!

[hamadryad]

Thanks BB,

 

I'll see what's to do at the weekend, but my feeling is that I'll give them a week or so and write off to them again saying that since I have not heard from them, (due to my Mum destroying the letters, although I won't tell them that), then I intend to stop paying them.

 

This on the basis that since I have not heard from them in spite of me writing to them, they clearly have no business with me, and have been accepting my money unjustifiably.

 

That will no doubt get their attention!

 

H

[hamadryad]

I've had a letter from Moorcraft that says they are passing my SAR onto their client.

 

Good afternoon,

 

I assume that means they do not have the paperwork & therefore cannot enforce payment, or take me to court to get any of it!

 

Therefore why have I been required to pay them anything, as I have been doing on the advice of the CAB.

 

Your thoughts please.

 

H

[Bazooka Boo]

CAB with the best will in the world will almost always advise that you pay something, however well intended that advice is, it isn't always good advice!

 

NO DCA should EVER be paid, without first doing some checks as to whether or not they can legally demand payments from you, which most can't!

 

A SAR should always always go to the original creditor, DCA's have NO information regarding the running of the account,

they are simply passed a name address and amount they need to con from their victims.

 

DCA's cannot take anyone to court UNLESS they own the account/agreement under the Law of property act, it is almost always the

OC who has to take legal action against the debtor, DCA's will always lie and intimidate the debtor, claiming they will escalate

the account to the next fictitious level, in their little dream world.

 

The truth is, it is simply a careful play on words purely designed to intimidate the debtor into paying, just like Politicians, DCA's are skilled liers.

[hamadryad]

Hi BB,

 

Thank you for the information!

I shall therefore stop all payments to Moorcoft and re-instate them to the OC.

I shall first, of course, send SARs to the OC to see what transpires.

Incidentally, I got a letter from Capquest saying that as one of my debts is an overdraft, it is not covered by Section 74 of the CCA and they sent back the PO1

 

What next for that, I wonder!

 

Thanks again,

 

H

 

PS

Is that an Arty badge I see?

[dx100uk]

you should be sending a CCA request to the DCA's you are paying

have you done that on the debt to Moorcroft?

 

 

SAR's go to the OC, but that's for later

 

 

dx

[hamadryad]

Hi dx,

 

Yes I have.

The SARs will go off to the OCs on Monday.

From what BB says I get the impression that I should never have paid anything to either Moorcroft or Capquest either, but maintained my payments to the OCs.

 

So much for the advice from CAB!

 

H