Help with dca issues

[mark donnelly]

sorry if this is a longish letter but have a few issues that i would like to raise

 

I have been a member for a while now and find that this would be the best place to get advice on issues thats been going on now for 18 months for which i lost my job. My partner and i contacted the CCC's and arranged payements that we could meet. this was until my partner got made redundant almost a year to the day. This have made payement difficult, we both have credit cards and loans to meet of a substanial amout.

My partner has been with the HSBC for over 30 years and as we have them on our backs for their over draft / loan money back via solicitors i would like to recliam unfair charges which they have imposed on us over these years. This even when we asked them to cancel our DD for the loan. I am aware that we can reclaim up too 6 years but read here that one can go back further than 6 years as in scotland, ( oh i hope so ).

We have other credit cards i want to claim unfair charges from as this would help immensely with lowering the amount owed to them. It would also be great if the money returned could be used for a final agreed settlement, and them to recind my name from any credit agencies, and any black list that their hold.

The other is that shortly before my partner got made redundant i opted for a distant learning course in computers from ICS (I think this is name of the company), to hopefully find a new job in a new trade. I did not start the course and returned it. i dont think i signed any paper work and returned any paper work as it was done over the phone. ICS but they said i had not sent it back in a stipulated period, and it went out to a debt recoverly group. Cap Quest who harassed me for the money and bomdard me with phone calls. As i do ad hoc work i lose out as i hate talking to these people as you go over and over the same thing time and time again, and dont answer the phone on some ocassions. I am thinks of asking them for clarification of my debt that i owe them. the one that i think they have 12 days to respond and i think the debt is then cancelled if they cannot provide the signed copy of the aggrement.

i shall also be writing to Morgan and Stanley. Monument ( these are part of Barclays bank plc, not sure who to write to for them) to seek unfair charges and who ever my partner and myself have

 

I EVEN THOUGHT ABOUT GOING DONE THE ROUTE OF BANKRUPTCY ON SERVAL OCCASSIONS.

 

Sorry if this is long and my spelling is in correct, but i would be greatful for any help and advice any one has to offer

 

thanks

 

M DONNELLY

[MARTIN3030]

Welcome to the site.

Indeed it looks as though you have quite a few issues to address.

Some will need to be addressed with the bank whilst others with the Dcas.

You are incorrect in thinking that the debt becomes cancelled after 12 days......it merely becomes uncollectable.

They still have 1 calendar month from that 12 days !!

I think your post would benefit from being aired in the debt and baliff threads for the moment.

You need to determine a structured plan to start the ball rolling.

Sars to the banks for your statements.requests for your credit files to credit reference agencies together with a look at exactly whats what with the dcas.

It can get quite daunting not least confusing so needs to be done with thought and correctness.

Ideally if the banks are responsible for the defaults and dca involvement then you are going to have to address these together it is not a moneyclaim issue but an N1 submission in open court.

I will move your thread to baliff and debt.

Can you then post the details you have of dcas that are on your case,whether you have paid anything,made arrangements etc etc.

We can then devise a platform for you to start from.

[mark donnelly]

Thank you for you reply and helping me sort out and deal with issues.

Am not sure really were to start or begin as over time things get confusing.and extremely daunting. If possible if someone could help with a starting point in the matter i would be most greatful.

What is the N1 form and what part does it play with my needs.

Am not really sure how to start the ball rolling in the scheme of things that would help me reclaim my charges and deal with the matter of sorting out my debt.

If i was in full time employment i would most likely opt for a IVS over 5 years, but unfortunating am not.

at times i find it difficult to concentrate and focus as every thing is getting me and my partner down.

 

any help and putting thing in a plain written jargon that i could follow, i would be most greatful

 

thanks MDonnelly

[lookinforinfo]

It might be an idea to start with your credit files and see what has been

posted on them.

Also you will need to read the faqs on the first page of the forum [marked in red]. Follow this up by reading the step by step guide.

 

When you have done that you will know what an S.A.R - (Subject Access Request) is. Send one to HSBC

so that you can find out how much they have applied to your various accounts in unlawful charges and follow the steps to reclaim them. If you

live in Scotland, you can only go back 5 years. For the moment, do not

go after anything older than six years if living South of the border. Remember

to send £10 with your S.A.R - (Subject Access Request), and you will need to send that same amount to every bank, credit card company and ICS. So finances may be stretched.

If you still owe these companies, it will be unlikely they will send you a

cheque for the unlawful charges you are reclaiming. so if you have one of

the companies where you do not owe anything now, or one where you think

the unlawful charges add up to more than the outstanding debt, it may be best to go for that one initialy to get some money coming in.

Although the reason I suggested starting with the bank is that they have

already begun to chase you with a solicitor. So write to the solicitor after you

send the bank the S.A.R - (Subject Access Request), and advise them that you are reclaiming charges that the

bank has applied to all your accounts, and until you can get a clear picture of

how much is involved, you consider that your accounts are in dispute and

would ask that the solicitors take no action at least until the dispute with the

bank is resolved. In any event the charges when returned will help to offset

the outstanding monies, and the quicker that the bank respond to your request, the better.

 

Also, if funds permit, do the same thing with ICS since our little friends at

Capquest will soon start hassling you. What you want from ICS is a copy of

their Terms and Conditions and a copy of the agrreement you signed with

them for their course. You will have to send them £1 and a CCA request. As,

from what you say, you did not sign an agreement, it will be kind of difficult

for them [or Capquest] to enforce payment. By the way, when you send

the CCA to ICS, send a copy to Capquest. It is against the law for them to pursue you until ICS have satisfactorily responded to the CCA request.

 

In addition, if you look at the "sticky" section of the Debts and Bailiffs forum

area, you will find a wonderful thread by Barracad with a host of template

letters that might be of help in the coming months.

 

That is your assignment for today.

Take your time with reading the faqs etc in the forum and also look at the

section devoted to HSBC to see how others are handling their situations as

they go about reclaiming their money. And once you are ready to begin,

choose who is going to be in the firing line and send your letters.

 

Good Luck.