Debt Collection advice allied int

[pink22]

Hi,

 

I have been recommended this site for some help. I am currently helping my father who has some credit card debts. I have written to all the comapnys with the budget sheet offer of payment etc. i have also written with full and fianl settlement offers. the progress is slow but all the debt is currently with the origianl companys bar one. His american Express debt has been refferred to allied international credit.

 

They have sent us a letter and on the outstanding balance they have added a £289.43 referral fee (is this right?). I have been called as i am acting on behalf of my father and the man i spoke to was extremley rude to me. I have offered them a final payment of £1000 for a debt of £1607.92 exc refferral fee. I have had no further communication accept calls bar the original letter.

 

Can any help me where do I go from here I am able to raise some more money to help my father but i dont see why he should pay the refferal fee they are just pushing him more and more into debt.

 

Any advise would be really appreciated

Thanks

[pmhcfc]

Hi,

 

I have been recommended this site for some help. I am currently helping my father who has some credit card debts. I have written to all the comapnys with the budget sheet offer of payment etc. i have also written with full and fianl settlement offers. the progress is slow but all the debt is currently with the origianl companys bar one. His american Express debt has been refferred to allied international credit.

 

They have sent us a letter and on the outstanding balance they have added a £289.43 referral fee (is this right?). I have been called as i am acting on behalf of my father and the man i spoke to was extremley rude to me. I have offered them a final payment of £1000 for a debt of £1607.92 exc refferral fee. I have had no further communication accept calls bar the original letter.

 

Can any help me where do I go from here I am able to raise some more money to help my father but i dont see why he should pay the refferal fee they are just pushing him more and more into debt.

 

Any advise would be really appreciated

Thanks

 

Hi Pink...Welcome to this wonderful site

 

The best thing you can do first and foremost is have a good old read of the site...There's loads you can do re these CC debts...First and foremost you need to send a CCA request to allied (Templates in library)..Then you'll have to go about reclaiming all the unlawful charges the CC companies have no doubt levied on his accounts..They'll all need a S.A.R - (Subject Access Request) , again templates in Library...Before all that,, have a read around (as I said)...You'll get all the help you need right here...

[spotnot]

Allied are a bunch of bullying cowboys. Search this site for other threads about them and you'll soon see what they are like.

 

Have a read, then send them the CCA letter as previously advised. This will stall them cos I'd bet that they don't have the original agreement. No agreement= no right to chase your father for the debt. And never phone them, they are little more than dial-a-monkey!!

 

And also as previously suggested, start claiming back all the unlawful charges imposed by the credit card companies.

 

Good luck and just ask if you need any more help.

 

Spot

[spotnot]

Also, if they are phoning you, you can stop this happening as well. There is a template letter to send them. Its the telephone harrassment letter.

 

Here is the link

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

If they do not stop calling you, you can report them to the police. But in the meantime send the two letters suggested, sit back, read as much as you can and start claiming back the charges.

 

Spot

[pink22]

Hi

 

Thanks for the advice I reallt appreciate it can you point me in the direction of the CCA letter cannot seem to find it.

 

Thanks

[elliesnan]

its the bottom sticky in this forum think its letter n

[pmhcfc]

Hi

 

Thanks for the advice I reallt appreciate it can you point me in the direction of the CCA letter cannot seem to find it.

 

Thanks

 

Send this. Dont forget to enclose £1 postal order and send recorded delivery

 

 

 

Your address

Their address

xxx February 2007

Your Ref: xxxxxxxxxxxxx

To Whom It May Concern

I do not acknowledge ANY debt to your company.

 

I require you to supply the following documentation before I will correspond 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 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

 

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

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

 

Yours Faithfully

[pink22]

Thanks will type up and send straight away, the only thing is my Mom has jsut called me and they have received another letter today saying they will be sending someone round to recover the outstanding balance in full and basically saying they have tried to get in touch Blah blah blah.

 

Do I still send this letter and do i need to send anything else, should I offer the £1000 again?

 

sorry but I dont know what to do.

 

Thanks

[whats a mook?]

Don't offer them anything until you received their reply from the CCA request.

[rippedoffagain]

Thanks will type up and send straight away, the only thing is my Mom has jsut called me and they have received another letter today saying they will be sending someone round to recover the outstanding balance in full and basically saying they have tried to get in touch Blah blah blah.

 

Do I still send this letter and do i need to send anything else, should I offer the £1000 again?

 

sorry but I dont know what to do.

 

Thanks

 

Don't offer them anything at the moment, send the CCA request as above.

[pink22]

Thanks I will send it first thing tomorrow, I am sure i will be back for more advice.

 

thanks so much, this really helps

[pmhcfc]

Thanks I will send it first thing tomorrow, I am sure i will be back for more advice.

 

thanks so much, this really helps

 

No problem..Plenty of people here to help you along every step of the way...Remember to send recorded with a £1 postal order( sorry to remind you again) What about all the others, are there charges to be claimed back for?

[storm]

Can only endorse what has been said already

 

Absolutely awful company, obnoxious, rude, told me to re-mortgage the house to pay off a credit card debt

 

On the plus side if they haven't actually bought the debt I suspect they will get fed up and pass it back

 

In my experience all their threats are empty ones

[pink22]

No problem..Plenty of people here to help you along every step of the way...Remember to send recorded with a £1 postal order( sorry to remind you again) What about all the others, are there charges to be claimed back for?

 

 

Hi, thanks will do

 

Not sure about the others some have accepted monthly payments some havn't and keep calling but we just keep sending the affordable monthly amount. The money i raised works out to only a sixth for full and final so not holding out any hope. Some kept charging late payment fees after we had written to them.

 

My next step was to offer the smaller debts a bit more to try and pay them off and then look again at the others a poss look into a loan but doubt he would get one. Just trying to help as much as poss I have my own home so it is difficult but tryng hardest to help my Dad out.

 

Am a little bit lost but the one with allied was the one that was worrying me so at least we have set something in motion on that.

 

Thanks again

[pink22]

Hi everyone,

 

just looking through some of my Dads paperwork and it appears that some of his cards are continuing to charge for late payments intrest etc.

 

I am going to write to the cards that havnt accepted his proposed monthly payments again is it worth me sending them all the same letter I have sent to allied about the credit agreeement? If they cannot produce it would that mean they cannot enforce?

 

Sorry think I am getting a bit confused can anyone advice

 

thanks x

[pmhcfc]

Hi everyone,

 

just looking through some of my Dads paperwork and it appears that some of his cards are continuing to charge for late payments intrest etc.

 

I am going to write to the cards that havnt accepted his proposed monthly payments again is it worth me sending them all the same letter I have sent to allied about the credit agreeement? If they cannot produce it would that mean they cannot enforce?

 

Sorry think I am getting a bit confused can anyone advice

 

thanks x

 

If you can afford it (all at once) then send them all a SAR...Templates in library..Include £10 and send recorded...They'll send you all the statements from that card and you can work out how much they owe your Dad

[pink22]

Hi,

 

It has now been 12 days since i sent the letter to allied and nothing has been received and we have not been contacted. the only strange thing that did happen was American express sent a letter saying the insurance protection had been cancelled. This was a letter out the blue as we have had no correspondence prior to this. May just be a conincidence

 

What do i do now do I ignore them as they have not provided anything?

 

Should i still be making the proposed payments to allied?

 

My mom is comig up later with some letters received from some of the other creditors that are apparently quite nasty saying we have been recontinuing to spend on the card and it is them charging him for being over his limit even though i have continued to ask for charges to be stopped. I cannot beleive the cheek of them they are putting him over his limit by charging intrest and late payment charges then they are charging him again for being over the limit. - Think these are the first people i will send the SAR to.

 

xx

[pmhcfc]

Hi,

 

It has now been 12 days since i sent the letter to allied and nothing has been received and we have not been contacted. the only strange thing that did happen was American express sent a letter saying the insurance protection had been cancelled. This was a letter out the blue as we have had no correspondence prior to this. May just be a conincidence

 

What do i do now do I ignore them as they have not provided anything?

 

Should i still be making the proposed payments to allied?

 

My mom is comig up later with some letters received from some of the other creditors that are apparently quite nasty saying we have been recontinuing to spend on the card and it is them charging him for being over his limit even though i have continued to ask for charges to be stopped. I cannot beleive the cheek of them they are putting him over his limit by charging intrest and late payment charges then they are charging him again for being over the limit. - Think these are the first people i will send the SAR to.

 

xx

 

If Allied have had 12 working days since receipt of the CCA then stop paying them- they are in default. When, and only when, they produce the PROPER Original Agreement, then you can think about payments again.

[pink22]

OK thanks so much,

 

Hope you dont mind can I run through the other cards for info?

 

BARCLAYCARD

I have got the letters now from mercers as my dad has 2 barclaycards. they are asking for min amounts of £346.90 & £532.36. They quote the terms of the agreement and tat we are over our agreed spending limit despite not using the card for years it is their charges that have put him over the limit and they continue to charge us for this. So I am going to send these two the SAR letter next to see exactly how much we have been charged things like this. Is this right I assume i will have to send £10 per account?

 

HFC BANK

Also HFC have sent us a default notice i thought they would agree a DMP but keep asing for proof of earning/outgoings etc and continue to charge and agree say we have exceeded credit limit when i informed them of the situation we were under the agreed limit. think these will be next for SAR when we can afford it?

 

BANK OF SCOTLAND

Are ignoring me and continue to charge £25 late payment as well as everything else we are sending them our affordale amount. Another candiate for SAR?

 

LLOYDS

Have agreed a DMP - OK

 

CAPITAL 1

Small amount have managed to raise enough to pay off but want to cinfirm that will be the end as they have said the amount to settle the account is only partial even though it is the full balance - OK

 

AM EXPRESS/ALLIED

Will do as suggested as they are now in default - Thanks

 

Marks & Spencer

Would agree payment we could afford i made a full and final and they wrote to say they would consider if other creditors accepted but no one did i am going to write to these to ask them to consider again so this is OK at moment

 

MORGAN STANLEY

Have agreed DMP - OK

 

thanks so much for all your help i cannot tell you how much easier it is knowing you are there to help out with your advice - Thanks:)

[pmhcfc]

OK thanks so much,

 

Hope you dont mind can I run through the other cards for info?

 

BARCLAYCARD

I have got the letters now from mercers as my dad has 2 barclaycards. they are asking for min amounts of £346.90 & £532.36. They quote the terms of the agreement and tat we are over our agreed spending limit despite not using the card for years it is their charges that have put him over the limit and they continue to charge us for this. So I am going to send these two the SAR letter next to see exactly how much we have been charged things like this. Is this right I assume i will have to send £10 per account?

 

HFC BANK

Also HFC have sent us a default notice i thought they would agree a DMP but keep asing for proof of earning/outgoings etc and continue to charge and agree say we have exceeded credit limit when i informed them of the situation we were under the agreed limit. think these will be next for SAR when we can afford it?

 

BANK OF SCOTLAND

Are ignoring me and continue to charge £25 late payment as well as everything else we are sending them our affordale amount. Another candiate for SAR?

 

LLOYDS

Have agreed a DMP - OK

 

CAPITAL 1

Small amount have managed to raise enough to pay off but want to cinfirm that will be the end as they have said the amount to settle the account is only partial even though it is the full balance - OK

 

AM EXPRESS/ALLIED

Will do as suggested as they are now in default - Thanks

 

Marks & Spencer

Would agree payment we could afford i made a full and final and they wrote to say they would consider if other creditors accepted but no one did i am going to write to these to ask them to consider again so this is OK at moment

 

MORGAN STANLEY

Have agreed DMP - OK

 

thanks so much for all your help i cannot tell you how much easier it is knowing you are there to help out with your advice - Thanks:)

 

SAR the one's you can afford, start with the one's you think have the highest amount of charges on....

 

Just try to remain positive and think of all the charges you're going to be able to reclaim...You're going about things the right way. BTW, wouldn't hurt to CCA them all (Especially HFC, Cap1 and M & S)

[pink22]

thanks

 

this may sound like a silly question but do I send the SAR to Mercers or Barclaycard?

 

[pmhcfc]

thanks

 

this may sound like a silly question but do I send the SAR to Mercers or Barclaycard?

 

 

BArclay's.

[pink22]

Help!!

 

today my dad has received a letter from a solicitor saying they have been instructed by Allied Int to issue legal proceedings, if my dad wishes to avoid court we should conatact AIC to make full payment or phone to discuss. There will be no further warnings and we have 7 days to respond.

 

all contact must go to AIC.

 

Also the O/S balance has gone up by £26 as well as the £300 AIC have already added on.

 

What do I do

 

American Express have also sent my Day update to his terms and conditions

[pink22]

Forgot to say on last post they have said the following action will be taken upon judgement.

• attachment order on salary
  
• Warrant of execution by bailiff to seize goods
  
• Charging order or bankruptcy

I feel so down yesterday HFC agreed reduced payments and then today we get this. I can just about raise this money i dont know wether to just pay it as i think my Mom is really stressed.

 

sorry just dont know what to do and cannot get this out my head:(

[MinnieMouser]

Good Morning!

 

Don't worry too much about the letters that are being received by your parents. They are just standard letters that are designed to intimidate and press you into paying or contacting them or even acknowledging the debt. And those threats can not be carried out without going through a court first of all.

 

One quick question, did you send the CCA request to AIC via recorded delivery and including the £1 postal order?

 

MM