Unsure what to do - lots of debts.....

[me_n_my_kids]

LOL honestly i log in here in the mornings once daughter is at nursery and i have 2 hours quiet time, see to any letters you guys advise, post, collect daughter and come back for more reading at night so i can learn more as i find it fasinating. heaven knows how i will cope in hospital lol.

 

to ensure im not hit nastily at the time im having the baby we are maintaining normal payments, except where they admit there is nothing they can do to satisfy my cca request.

[Turnaround]

A good and fair strategy that will serve you well.

 

Keep us informed as you see fit.

 

Keep well and your blood pressure low.

[ecobabe]

reliable collections aka jd williams aka 1st credit aka candid collections all are one and same, there's a few other names as well. they are the slippiest ones i've had to deal with. i have a complaint with trading standards about them just now for almost same thing. but at the same time they have admitted that they can't enforce your debt so I would send them that letter and sit back and wait.

[me_n_my_kids]

has anyone dealt with doorstep recovery? we have statements through telling us that not maintaining payments will get debt sent to them - just out of curiosity i wondered if that was their name just to scare people? i know now that either way, im safe from that debt. i think.

[me_n_my_kids]

That letter i was given on this thread was sent off yesterday first class so lets see what response comes of that!

 

Just missed a payment on my managed loan account, BUT have also realised that there is a technicalilty on the loan agreement that i need to see somene legal about in order to pursue. so im not payng that, or the fee they have illegally levied on my account as a bounced standing order charge! my second claim letter should be in the post tomorrow morning.

 

still awaiting the other cca requests, time is ticking, one week left till they default!!!

[sequenci]

has anyone dealt with doorstep recovery? we have statements through telling us that not maintaining payments will get debt sent to them - just out of curiosity i wondered if that was their name just to scare people? i know now that either way, im safe from that debt. i think.

 

doorstep collectors are NOT bailiffs. they cannot enter your property. All they can do is ask you to make a payment, if they do not leave when asked you can contact the police.

[me_n_my_kids]

i have a feeling doorstep recovery is only their company name, done on purpose to mislead you to thinking that they will come to your house, when in actual fact my guess is that they are operating from the same place and are actually just another dept of the same company....?

[gizmo111]

We are at the moment on a DMP, so paying less to all right now since husband had to take a drastic cut in hours.

 

Ge Capital - They have the agreement signed although its an application form, its signed by both parties and includes the terms. So, today i sent away an S.A.R - (Subject Access Request) including £10 to cover the both accounts. My plan with them is to get charges refunded, then settle the accounts minus the charges.

 

Reply was recieved from Reliable Collections today which i could do with some advice on if you have the time?

 

''We thank you for your recent letter, the contents of which we note. In relation to your request for a copy of the executed agreement under section 78 of the CCA, i would refer you to regulation 3 (2)(b) of the consumer credit (cancelation notices and copies of documents) regulations 1983. in it you will see that there is no requirement to provide a photocopy of the agreement bearing your signature; it is sufficient that we supply details of the t&c to which you have agreed. we are therefore enclosing a copy of the type of agreement sent to you when you opened ur account in august 2004.

 

we are familiar with the consumer credit act and are therefore well aware that the debt is legally unenforceable if an exectued agreement cannot be provided.

 

this does not, however, alter the fact that this is an unpaid debt and will therefore be recorded as a default on our files and those of credit referemce agancies.

 

if you choose not to make any further payments on this account, we feel it is our obligation to ensure that you fully understand the implications of such a decision.

 

the debt will be recorded as a default for £x and will be for 6 yrs.

 

no further applications for credit will be accepted by the jd williams group of companies.''

 

they then said they would look at reduced amounts either of monthly amounts or a settlement figure. they will hold account for 28 days until i have decided.

 

what do you think? is it all waffle? they replied in time for the deadline which expires 28th dec.

 

sorry its so long!

 

I had exactly the same letter from them for someone else about 4 months ago - stopped paying and heard no more.

[me_n_my_kids]

thanks gizmo, will wait and see if its the same for me - have 2 accounts with them, only heard back from one account so far.....

 

we have a problem with wescot, but i posted seperatly about that.

 

no more cca replies today, one week today they have left

[me_n_my_kids]

just updating my thread so i can keep track of what im meant to be doing

 

 

no more replies to cca today, maybe post being slow over xmas, but companies still default on friday this week.

 

was wrong before, 3 accounts in total from reliable collections, only heard about one so far.

 

letter from aqua asking if id like to pay £1 a month for 6 months, didnt reply as no reply regarding cca yet.

 

SAR's off to GE as they complied fully in the time limit. So looking for refund of charges.

[elliesnan]

great thread we got 3 dca's gonna try this with all of them we've been inspired!! been paying them since bout 1997-98 so could be good news!

[elliesnan]

can any one point me in the right direction to the cca request can't find it!!!

[elliesnan]

can just write it myself what time frame am l giving these people?

[demon_x_slash]

elliesnan: here is the template letter for the CCA agreement. Have a proper read through it and the debt forum threads for a day or two before sending anything out, though, just to make sure you understand what happens at each stage. Then, start your own thread in this forum, describing what your situation is and what you're doing about it, and people on here'll put you right if you're straying or need any extra help. Try and stick to your own thread as it makes it a lot easier for people to keep track of things.

[me_n_my_kids]

Good luck Elliesnan, ive been inspired here too the people make such a difference, make you feel like you really do have a chance of getting somewhere with these DCA's who think they can walk all over you

 

Anyway hope it is successful i will follow your thread

[me_n_my_kids]

Well the remaining companies are in default tomorrow, sods law a bunch of perfect replies will come through the door tomorrow morning lol.

 

Still waiting on Aqua, Barclaycard, Capital One, Littlewoods, Moorcroft, GUS Home Shopping, JD Williams and Reliable Collections regarding another account.

 

What is your advice once creditors default? (Assuming they dont provide them) Should I stop payments, and NOT send any letters/ reminders?

[Turnaround]

Be patient, and let the time frames expire. That way you are in a commanding position.

 

CCA…12+2days (in default) + 1 month (committed an offence)

SAR…40 days (committed an offence)

 

CCA request forms the basis of your legal fight, and forces them to prove that you or to a court that you owe the debt.

SAR forces them to provide you with all or specified personal data that they hold.

 

If a debt is in default, you are entitled to withhold payment until resolved.

 

Personally, the only time I would write would be in response to their letters. If they ask for more time, remind them of their responsibilities and the law. If they harass you, tell them to stop.

 

The chioce is entirely yours.

[me_n_my_kids]

Thank you Turnaround

 

I am going to do as you say, sit back and do nothing regarding the above accounts, as long as im not hearing anything.

 

GE Money have a SAR to comply with now as the CCA reply was as it's meant to be, so the fight to get charges back starts as soon as we get statements from them.

 

Will post back if there is anything interesting in the post today - ours doesnt comes until about 12.30, its such a pain when waiting for things lol

[Turnaround]

Sent JigSaw by PM

[me_n_my_kids]

Hey,

 

Thanks TA for the PM, it's all confusing stuff, but a ver very interesting read

 

Just would like to check something - the 30 days we talk about for the CCA request, is that calender days, or one calender month, or 30 WORKING days? Clock is ticking from default on Friday 29th Dec

 

Had a letter today from Reliable collections saying that they are giving me 7 days to make payment to my account before passing it to CRA, etc etc, all the normal stuff. Should i reply to this stating that while in default no payments will be made? This letter is regarding a different account from the one that they have already replied to CCA about.

 

Is there a template letter for this, do i sit back and wait or should i get a letter sorted do you think?

 

All companies listed in my last post have now defaulted, so no payments going out in January to them....

[Turnaround]

Well done so far, I'm very proud of you…..

 

Keep working at the jigsaw and it will all soon fit together.

 

The Consumer Credit Act sect 78 (6b) states

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

 

So as they defaulted on 29/12/06 on 29/01/07 they commit an offence.

 

It will be in your own interest to let the clock tick, and the longer they are in default the better it is for you and the bigger the fine for them if they want to go to court. This is why the CCA request is so important as a base to work from.

 

With regard to Reliable Collections am I correct in assuming you have CCA’d only one account? If so send a CCA for the other.

 

In reply to your letter from them, send the letter I sent you regarding the processing your data, and adjust to include both accounts. To explain in brief, as RC are a DCA they don’t have your permission to process your data and therefore can’t pass it to CRA because its unsubstantiated. If they ignore your letter we will address that later on, just take it one step at a time.

 

Be and stay calm and collective, with CCA’s in place with all your DCA’s time is on your side, you are in control. You have now given them the problem of proving the debt is yours and your not paying until they do.

 

Try and ignor their threats, keep them safe for future reference . As s78 (6a) states thet can't enforce the agreement which means they can only ASK for payment

[me_n_my_kids]

Hi TA Thank you for keeping coming and checking on me

 

I sent a CCA seperatly on the same day, all recorded delivery, for all accounts, including seperate requests to RC. So on one account they have addmitted they cant provide what i asked for, and effectively said i dont have to pay anymore, they know it cannot be enforced. With the other account i have had no awknowedgement of the CCA request at all, only letters telling me to pay, although they are now in default.

 

Bring on January 29th!!

 

Heres my list so far * i have this saved as a doc on comp that i update all the time as my brain is seivelike*

 

Barclaycard x 2

Capital one x2

 

No reply at all

 

GE Capital x2

 

Reply received, sent SAR 18-12-06

 

Littlewoods Home Shopping x2

Moorcroft

 

No reply, Royal Mail site doesnt confirm receipt, but nothing has come back in the mail as yet to me.

 

Halifax - Aqua No letter regarding CCA, but letter offering me a payment plan of £1pm. I have ignored

 

Reliable Collections Number 1 Reply stating they know i dont have to pay

Relaible Collections Number 2 Letter telling me im in arrears

 

JD Williams

Gus Home Shopping

 

No reply

[me_n_my_kids]

Forgot to say, I have a folder now with all docs and letters regarding the above accounts being filed away so i have proof of things, also a place for all my recorded delivery slips.

 

Regarding my managed loan, i beleive credit agreement would not stand in court due to a technicality that someone on here helped me discover. Appointment with solicitor for free legal advice on Jan 8th.

 

Credit Agreement does NOT say anywhere, 'Total Charge for credit'

[Turnaround]

Excelent news.....Keep it coming

[me_n_my_kids]

I wonder if these companies have people employed to read this kind of stuff......