Non Responce by A&L

[Sophie-Jane]

Hi

 

Having sent a letter (form provided off site, Prior to addition of £10 fee) I have had no responce at all from the A&L - 40 days have gone.

 

I have sent another last week (this time with the £10 fee), still no responce, this time I have also sent my partners letter, She was charged over £300 in on day for 10 DD failing due to funds being late in by a day.

 

With my letter this time I sent in my name change deed, but still waiting for a reply from them

[anarchist]

You need to stay ontop of them. A&L in my case were extremely evasive with trying to provide this data, in the end a letter send recorded delivery and CC'd to the data protection comissioner got a result wheras before they flat out denied they even had to provide anything.

 

Took about 2-3 weeks for about 200 pages of data to come through after that

[Sophie-Jane]

Hi and thanks

 

Please who / where did you send your letter to

 

Much appreciated

 

Sophie

[Sophie-Jane]

I may of been a bit hasty

 

I have noticed on my internet banking that they have presented the cheque to my new bank, so probably this time they will be moving

 

I have an estimate of what they owe me, that could be at Least £2000

 

Now lets see how long they take to send me my info, that I have paid for now......

 

Alliance & Leicester are going to go all the way to the courts, I am not going to be fobbed off with ANY repayment, apart from the FULL amount they owe

[Sophie-Jane]

Hi Anarchist

 

You only got 200 pages, God I thought I won the Jackpot

 

I received this afternoon, the statements and manual intervention info as requeste.

 

At the very min it was around 500 pages, half a box of paper, 2 realms, Almost broke my back carrying it.

 

I have now worked out that the charges that they owe me amount to over £2700, then there is the 8%APR if went to court, which takes the total over £3385

 

 

Now they are going to see the REAL me.

 

1st Prliminary letter being sent recorded deliver tomorrow, lets see what happens now.

 

Tick tick tick

 

You need to stay ontop of them. A&L in my case were extremely evasive with trying to provide this data, in the end a letter send recorded delivery and CC'd to the data protection comissioner got a result wheras before they flat out denied they even had to provide anything.

 

Took about 2-3 weeks for about 200 pages of data to come through after that

[Sophie-Jane]

Hi

 

Well both my partner and I have 2 Claims to go for

 

Mine is £2700 (6yrs), and my partners is £2400 (3yrs)

 

On my Claim they have until the 11th to reply, and my partners will be sent on Monday 8th May 2006

 

Upto now they have not responded to my claim, but will keep you all informed as how it is progressing

 

Please, I know of many who have actually started court proceedings, but A&L have just pulled out at the last moment, but what was the highest that they pulled out on at the last moment.

Or will we both actually be going to court

 

A&L have caused so much misery because of their charges

[BankFodder]

As far as we know almost everybody gets all of their money back. Of course there are a lot of people who are getting their money back and who never come back here to tell us and so we don't know how many people settle the lesson 100%.

However, you should be confident about your Right to reclaim your money and as long as you are prepared to call their bluff you will succeed and you won't have to go to court. Of course there is always a first time but it is clear that the banks are well aware of the effects of losing a case in court.

[Sophie-Jane]

As expected response by A&L here

 

Now it in the hands of their Security Investigations Debt Recovery Division

 

Now the 2nd letter wil be sent, but should I send it to M Boyes again, or the Security Investigations, they have only a PO box address

[DRIVERS]

A+L have had the 40 days + the extra 7 days grace still not replied (funny thing is had a paperwork all 500 pages of it within about 5 days for current acount), had , just to confirm file claim for non compliance of DPA request using n1 form.

[Sophie-Jane]

Still No Responce by A&L

 

As soon as Funds permit - £120, I will be starting a Moneyclaim on these clowns, it may give them a week or so grace to reply or not

 

We will see

[BankFodder]

A+L have had the 40 days + the extra 7 days grace still not replied (funny thing is had a paperwork all 500 pages of it within about 5 days for current acount), had , just to confirm file claim for non compliance of DPA request using n1 form.

please will you start your own thread on this. It will be much easier for us to help you.

 

Yes you use an N1 form but read carefully and ask questions before you fill it in and submit it. Don't just jump straight in

[Sophie-Jane]

Hi Alan, and thank you for that information

Would this wording be ok .........

You have 12 working days to comply, after which, I will deem you in default and you are unable to legally enforce the Debt owed, after 1 calender month, you would of commited an offence, which I would be able to report you to the Trading standards.

__________________________________________

You are very Helpful, Thanks again Alan

Quote:

Originally Posted by Sophie-Jane

Now the first question, Time scales, Should if I use your letter, apart from amending it to my needs, Should I add a 40 day time scale, Is that reasonable time to get this information from them

 

Also, With the Account now in Dispute, All payments should stop, Am I right ?

 

 

 

In the case of the Consumer Credit Act it is not a case of what is reasonable as far as time is concerned. The legislation says that the Debt Collection Agency should provide a copy of the agreement within 12 working days, and that after 1 month, they have committed an offence.

 

If they fail to supply in 12 working days they are in default and cannot legally enforce the debt until they supply the document - so at that point you are within your rights to stop payment.

 

After the 1 month they have committed an offence. At this stage you can either report them to Trading Standards, or do as I am doing, and hold that in reserve should they try to seek enforcement.

 

Of course this does not stop you from issuing a DPA request to Alliance and Leicester - and you can the pursue them for a refudn of charges. In my case I am not interested in doing this as my gut feeling is that the amount is roughly what I owe them - and they are unlikely to still have the records.

__________________

[Sophie-Jane]

Of course this does not stop you from issuing a DPA request to Alliance and Leicester - and you can the pursue them for a refudn of charges. In my case I am not interested in doing this as my gut feeling is that the amount is roughly what I owe them - and they are unlikely to still have the records.

 

 

I have already done all stages against Alliance & Leicester, I have filled out moneyclaim, just waiting for funds so that I am able to continue, Possibly next week.

 

The amount that Alliance & Leicester Owe me, would pay this debt off, nearly 3 times over

Alliance & Leicester - £2700+

Equidebt - £1200 Max

 

I will continue payments per month, this one is out of Debt Management hands at this time, and in my control.

[Sophie-Jane]

Well they have upto the 27th to supply the agreement

 

As for Alliance & Leicester providing it with the DPA request, it never came

 

Received a letter from Equidebt solicitors - Heatons LLP - dated 21st June.

 

___________________

 

Creditors Equidebt Limited

 

We refer to your recent letter, the contents of which have been duly noted.

 

We have referred the matter to our clients for further instructions, and will contact you again to discuss this matter once we have their responce.

 

We trust this clarifies matters.

 

Yours sincerely

 

Heatons LLP

 

_____________________

 

Clarifies Matters ???????????? What have they clarified? nothing as I can see

 

I supppose, that If I have not had a signed agreement from Equidebt / Heatons / Alliance & Leicester, then after the 27th, I will stop payments, and after the 30 days, I can say that the Debt is unenforceable.

 

Please correct me if I am wrong on any points

 

Wonder what the postie is bringing me in the next week or so, Bring it on

[younganfree]

I supppose, that If I have not had a signed agreement from Equidebt / Heatons / Alliance & Leicester, then after the 27th, I will stop payments, and after the 30 days, I can say that the Debt is unenforceable.

 

Please correct me if I am wrong on any points

 

I have no legal training so cannot comment on whether you are right or wrong; but I would have thought you may be treading on dodgy ground by withholding payments.

Anybody else out there have any comments on this?

[alanfromderby]

 

I supppose, that If I have not had a signed agreement from Equidebt / Heatons / Alliance & Leicester, then after the 27th, I will stop payments, and after the 30 days, I can say that the Debt is unenforceable.

 

Please correct me if I am wrong on any points

 

Wonder what the postie is bringing me in the next week or so, Bring it on

 

This depends on whether the debt has been sold, or whether they are acting for Alliance and Leicester.

 

The fact that a company does not supply a copy of the agreement under CCA stops THAT company from enforcing the debt. If that company has bought the debt, then they are stuffed.

 

However, if they were just acting for Alliance & Leicester, then there is nothing stopping them from deducting any amount owed from what they send you in settlement of the claim. You would have great difficulty persuading a Judge that a contract does not exist - when you have just issued a claim based on that very contract.

[Sophie-Jane]

if they were just acting for Alliance & Leicester, then there is nothing stopping them from deducting any amount owed from what they send you in settlement of the claim. You would have great difficulty persuading a Judge that a contract does not exist - when you have just issued a claim based on that very contract.

 

I am not disputing that the amount owed to Alliance & Leicester. it was the ending balance when they closed my account last year.

 

But what I am in dispute about, is that the balance owed last year, is mainly of charges, and what A&L owes me far out weighs what I now owe to Equidebt.

 

So when A&L eventually settle, I would pay off Equidebt, so that debt would be fully paid up, and then closed, probably A&L may pay Equidebt directly, and what is left over would then be paid direct to me.

 

But which ever way, They have defaulted me, so I would also want that default removed from my credit referance too.

 

What I am asking for clarification on, is if they do not provide evidence to the fact of an agreement, after the initial 12 days, Am I in my rights to withhold payments until they do, as long as they sometime in the 30 days provide proof??

 

Or where do I go from here??

[thenorm]

When I posted my data protection letter 9th June I enclosed cheque (from same account) which was cashed 16th June which will count as proof of reciept so after 40 days I shall reply back + CC data comissioner hopfully I shall get reply by then.

[alanfromderby]

What I am asking for clarification on, is if they do not provide evidence to the fact of an agreement, after the initial 12 days, Am I in my rights to withhold payments until they do, as long as they sometime in the 30 days provide proof??

 

 

As soon as they pass the 12-working days without sending the agreement they are "in default", and at that point you can legally stop paying until they do provide the document.

[Sophie-Jane]

As soon as they pass the 12-working days without sending the agreement they are "in default", and at that point you can legally stop paying until they do provide the document.

 

Hi Alan, thank you for your response

 

I'm only upto the 12 day deadline, where they have not provided me with any proof of an agreement, so the 30 days / month is still around a couple of weeks away still.

They may come up with the agreement, but in the case they do not, then I take it by your thread (alan), that if they have not provided proof by the 30 day deadline, that the debt would be deemed unenforceable

 

I am not trying to duck out of paying my debts, as I have always paid up, but this collection agency - Equidebt are either acting on behalf of A&L or bought the debt, Which A&L Owe me at least 3 times the amount of the debt to Equidebt, So if I do win by default (they do not provide proof of an agreement) I would then take the amount that I am supposed to owe to Equidebt off what A&L owe me.

 

I suppose you Alan felt so good when you started to win the cases between you and your Creditors, God it don't half feel great, and this is the only time, I have actually wanted letters from my creditors to arrive on my door step

 

Thanks to Everyone at BAC & CAG

[Sophie-Jane]

When I posted my data protection letter 9th June I enclosed cheque (from same account) which was cashed 16th June which will count as proof of reciept so after 40 days I shall reply back + CC data comissioner hopfully I shall get reply by then.

 

I realise you are new to this forum "the Norm"

 

Please start your own thread as others members may start to get confused on how my progress is going, this also shows how each of us went about our cases.

 

Starting your own thread, would also help you know where you are in your case, and thus receive the appropiate advise on your case

 

good luck

[Sophie-Jane]

Eqidebt have now exceeded the 12 working day deadline to provide the "Deed of Assignment"

 

Now that they have defaulted and are unable to legally enforce the debt owed, would it be better for me to write another letter informing Equidebt that ths debt is Now unenforceable until upto the 30 day deadline to prove the Deed.

 

And that if after the 30 days, they do not still provide the Deed, that they have committed and offence, and at that stage I am able to proceed to Trading standards to Report them for Financial irregularities.

 

____________

 

Please advise

 

Do I just leave it, and wait until after the 30 days

 

I have stopped payments to Equidebt

 

All help is appreciated, and other new members gain my experiance as they also proceed similar routes as myself

[Sophie-Jane]

On the 8th July,

 

If they have NOT provided me with the True Copy of the Agreement, that means they are committing an offence, after which I can Report them to the Trading Standards for Financial irregularities if I so wish to.

 

Now if Equidebt are not getting paid by me, I presume that the Debt would then get passed back to Alliance & Leicester who were the originators of the initial debt.

 

Even so, They will not get paid by me either, as they OWE me, not the other way around.

 

Do I write to let them know that I will no longer communicate with Equidebt, and also consider the case closed, and also that any court action will be contested, (similar letter to the Request for the Agreement)???

 

But I am in the unknown, as No one seems to be talking with me, the Banks and Credit Card companies are either ignoring me, hoping that I'll go away. or they just waiting for the deadlines, we'll see.

 

Please advise, it helps to keep in the know

[Sophie-Jane]

Hi all

 

No wonder this has got quite

 

No mail, its been sent to a previous address which I lived at some 11 months ago

 

I wish to pursue a complaint / action now also on some grounds as they have had my New address for quite a while now

 

Any advise, Leglisation that I am able to use on this?

[alanfromderby]

To be honest this is one for the Information Commissioner as it is a breach of one of the Key Principles of Data Protection as outlined in Schedule 1, of the DPA 1998. Section 1(4) of this schedule states:

 

4. Personal data shall be accurate and, where necessary, kept up to date.