advice needed,on so many debt collectors after me

[PriorityOne]

ive been so foolish by ignoring my debts,after reading your website ive realised i need to sort them out once and for all

it all started by taking out a loan with HSBC,when i stoped paying them,i was contacted by a debt collecting agency called METROPOLITAN COLLECTION SERVICES, i owe them £1605, but its been nearly a year now since i last heared from them.

 

If they are not chasing you, do not worry about them for the moment.... concentrate on the ones who are chasing you for payments or threatening to visit.

 

I also had a credit card with what use to be called diamond which is now called CITI FINANCIAL, they passed my debt on to "DLC" direct legal & collections, the debt is for £1525, the last letter i can find from them was dated march 2006,they claim to of been instructing there solicitors to issue legal proceedings against me

 

Again... put these to one side if you haven't heard from them in 12 months.

 

Another credit card i use to have was from CAPITAL ONE the debt is for £363 and debt collectors for this one are called LOWELL.FINANCIAL LTD, the letter tells me that LOWELL PORFOLIO I LDT now own the debt but the other lowell are collecting it.

 

If these are chasing you, send a CCA request to both of the Lowell's by clicking on the link below. Letter N is the one you need.

 

Creditors and DCAs - Letter Templates & Budget Planner

 

Send it by rec. delivery and keep the reciept.

 

i also use to have a BARCLAY credit card,i owe them just over £400,but ive not heard from them in a long while,so im unsure whats going on with that one.

 

Leave this for now as well. You can send a SAR to Barclays to re-claim unlawful charges on the account once you have dealt with the companies who are pressurising you the most.

 

im in debt with a few catolog companys too, the first one is LITTLEWOODS, i opened my account with them online,they sent me a agreement to sign and send back i never did this,but yet they kept my account open and every 3 months put my credit limit up. in the end the repayments got to much,and i stupidly stoped paying them , i have now been recieving letters from "NDR" NATIONWIDE DEBT RECOVERY LDT, the debt is for £1165,i started paying them what i could,but some thing i noticed on a statement they have sent me,(ndr statement not littlewoods) is im getting charged extra care advantage £23 a month, i have no idea what that is. the last letter i have recieved from them says that they are about to register the default on this account with a credit reference agency.

 

Send a CCA request to NDR as well.... rec. delivery... keep the receipt.

 

the next catolog is VERBAUDET,im unsure if i signed a agreement with them, the debt is for £1925 i have 3 different debt collectors who have contacted me about this one,the first was DROYDS DEBT & COLLECTION SERVICES, then at the begining of this month i had a letter from RUSSEL+AITKEN SOLICITORS DEBT RECOVERY they go on to say they have instructions to proceed with immediate court action. then a few days later i recieve a letter from CALL SERVE LTD who say they have been instructed to recover all money owed,

 

Not sure what is going on here.... but CCA anyone who has threatened court action on this one.... rec. dellivery... keep the receipt.

 

the next catolog is called ACE CARDS AND GIFTS ,i owe these £1621, there appears to be 2 different debt collectors for this one the first are called BUCHANAN CLARK + WELLS,who wrote to me in january saying they are sending some one around to my house, the next one is ROBINSON,WAY & COMPANY LDT DEBT COLLECTORS, who i recieved a letter from this month,they also claim to be sending some one to my home

 

CCA to both companies.... as above.

 

Also a long time ago i joined a book club online,again i never signed no agreement with them,they have sent me a letter from a company called COMPUTERISED DEBT COLLECTION AGENCY LTD,saying i owe them £110,i bought so many books from this club ,i have no idea why they have got debt collectors on to me.

 

CCA.... as above.

 

i do have another credit card with VANQUIS ,which iv gone over my limit,

 

You can send a SAR to Vanquis to re-claim any unlawful charges, but if they are not chasing you right now.... you may want to focus on those companies giving you the most grief for now.

 

and i also have a loan out with PROVERDENT PERSONAL FINANCE,they call at my door every week for there repayments

 

Is this something you agreed to... calling round to collect payments ?

 

As you can see ive been quite foolish by ignoring all these debts,while writing this i dident realise until now just how much i owe and how stupid ive been,im so upset,im a single mother to 3 very young children,i just dont know what im going to do,if any one out there can help me i would be very greatful:cry: :(

 

 

A CCA request is a request for your Consumer Credit Agreement under The Consumer Credit Act, 1974. A creditor or debt collector has 12 working days from receipt of your request to supply you with this documentation. If they do not... they will be in default of a legal request and unable to enforce payment from you unless they can find and produce this document in court. A lot of debt collectors do not have it, which is why the request is so important. Once you have made the request, it protects you from having a County Court Judgement lodged against you because non-compliance of a CCA request is a complete defence to any court claim that is issued against you.

 

There is also a letter which you can send rec.delivery to any company threatening to pay you a visit :

 

Dear Sir/Madam,

 

Ref xxxxxxxx

 

Please be advised that I am only prepared to communicate with you in writing and therefore, if it remains your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property, and if you do so, then you will be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Should it be necessary, I will obtain an injunction.

 

I look forward to a speedy reply from yourselves and the prospect of a letter informing me that you have made a mistake, that all letters alleging that I owe such a debt will immediately cease and that the matter will be fully closed.

 

 

.... Rec. delivery... keep the receipt.... and don't 'phone anyone. Keep everything in writing.

[PriorityOne]

Here is the CCA letter :

 

Your address

 

Date

 

 

Their address

 

Dear Sir/Madam

 

Re:− Account/Reference xxxxxxx

 

With reference to the above account, I would be grateful for a signed copy of my Consumer Credit Agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of this agreement upon request. I therefore enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand that a copy of my credit agreement should be supplied within 12 working days.

 

I also understand that under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

Yours faithfully

 

 

Pleased remember that each request must be sent by rec. delivery and make sure that you know which rec. delivery receipt corresponds with which request !! These receipts are your only proof that requests have been made... on particular dates.

 

Please let us know how you get on.... and good luck !!

[PriorityOne]

well u can end the agreement with the 3rd party with a simple letter,

you will probably have to pay hsbc the money back even if u get your charges back but thats one less debt to worry about aint it.

that dca -fv1 or nco whoever are just vexed as like fellow members say r just telephone chasers !

first step HSBC SARhttp://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

 

If OP still has all the bank statements, there should be no need to spend £10 on a SAR. My friend has recently put in a claim without having to go down this route....

 

The spreadsheet is submitted with a prelim. letter giving the bank 14 days. A Letter before Action goes off after that....

 

If there are no statements however... or not all of them are available, then a SAR is the best option.

[PriorityOne]

Aren't catalogue companies notorious for not having any agreement at all?

 

(Littlewoods, Ace, Vertbaudet.)

 

Yes they are....

[PriorityOne]

hello everyone today i got 2 letters in the pose both from BUCHANAN CLARK + WELLS. ( ace cards and gifts catolog) the first letter is to tell me that they do not hold a copy of my credeit agreement at there ofice,as they are noy the creditors. they have returned my £1 postal order i sent them and have also wrote they are putting my account on hold.#

Good news so far... they haven't got it.

the second letter from them was posted to me the next day, which reads, "i can confirm that i have arranged for a copy of the invoice to be sent to you, this will be with you has soon as posiable."

It is their way of saying that they have "sent off" for it. Whether it turns up or not remains to be seen, but until/unless it does within the 12 working days... you can withhold payment.

 

invoice??? is this my agreement, and am i still in counting the 12 days plus 30 days when it can become defaulted. xx:confused:

Yes... the clock is still ticking for their non-compliance.

 

 

Keep everything that they send to you... including the returned PO.

 

[PriorityOne]

It looks like the NDR account has been sold on again .

 

You can either send a CCA request to Debt Managers Limited or, send the letter below.... (rec. delivery)

 

Dear Sir/Madam

 

Account No:

 

I do not acknowledge any debt to you or your client.

 

In a letter dated xx/xx/xx, I made a request for further information under the legislation contained within s.77-79 of the Consumer Credit Act 1974. To date, I have received no response from your client and therefore wish to inform you that I will not enter into any further communications with your company on this matter, unless and until my request is actioned.

 

I also wish to make it absolutely clear that personal callers will be viewed as trespassers and action will be taken, including but not limited to, police attendance.

 

Yours faithfully,

 

[PriorityOne]

hi there, nothing more yet,to report back,i only heard back from the one debt collector,i quite cant believe it,how no one els has not responded to the cca letter i sent them all. (not sure what to think of it myself) xx

 

 

All good so far...!! :grin:

[PriorityOne]

If it makes you feel better, you can send a letter (rec. delivery) to say something like :

 

Thank you for your letter of xx/xx/xx. However, a request for a Consumer Credit Agreement was received by you on xx/xx/xx and therefore, until you are able to comply with this request, no payments will be forthcoming.

 

Furthermore, in accordance with my letter of xx/xx/xx, any representatives that do call at my home without an appointment will be noted as being in defiance of my explicit instructions and reported to the the relevant authorities, including the police.

 

Yours sincerely,

 

[PriorityOne]

Do not ring them up about anything. Everything must be in writing (rec. delivery)... and you are well within your rights to offer £1 a month if that's all you can afford. Take no notice if they reject the offer.... enclose a cheque anyway... because they may try and get you to default and then go for a CCJ on that basis. Making payments offers you some protection against this.

 

Before you do any of that though, please describe the "Agreement" that they have sent you. Does it contain the words "This a Credit Agreement regulated by the Consumer Credit Act, 1974 ?

 

[PriorityOne]

then it reads credit card account agreement

credit agreement regulated by the consumer credit act 1974

 

 

on the left is some ones signature (authorised signature of capital one

on the right is my signature, and the date 16th nov 2001,next to the words this is a credit agreement regulated by the consumer credit act 1974 sign only if you want to be legally bound by its tearms:???: xx

 

Hi Michsienna... thank you for your PM.

 

Although it reads like an Application Form.... the 2 extracts from your post leave a little doubt in my mind.

 

InKogneeToh is very good at dissecting these Agreements/Application Forms. It might be an idea to PM her.... as I cannot be confident that it isn't an Agreement because of the wording and the 2 sigs.

[PriorityOne]

Sounds good to me... ... all by recorded delivery.

[PriorityOne]

hi everyone,

today i have recieved 2 letters in the post,both to do with the same debt. (capital one)

 

the first letter from LOWELL FINANCIAL is to do with the letter i replyed to them after they sent me a copy of my application form for a capital one credit card,instead of my agreement.

they have wrote, thank you for your correspondence regarding your above account, we can confirm that under the terms of the consumer credit act we are only obliged to send you a copy of the original agreement which was sent to you on 19th april,

please find inclosed a further copy of this document for ease of reference. the relevent section has been highlighted.

this clearly states that be signing the document you are accepting the terms and conditions of the consumer credit act.

Thank you for your letter of xx/xx/xx.

To date however, you have failed to comply with my request for a signed copy of my Consumer Credit Agreement (Consumer Credit Act, 1974. Contrary to the comments in your recent letter, an Application Form for credit does not meet the criteria for legal compliance of my request. Furthermore, a true copy of my signed Consumer Credit Agreement would need to be produced in any court action that you chose to take.

As you have not yet complied with my request, the account therefore remains in dispute.

Yours sincerely,

 

the small print which they have highlighted is excactly the same small print word for word on the scaned application form which some one put on this thread the other day, this small print i see is on the same as all applications.

They are just trying their luck....

 

im pulling my hair out now, ha ha, i realy dont know what to do, becouse this is a application form, and like all applications there is a small print and you have to sign them.

i thought there was a difference between them.......................

please help me some one, i think ive pee,ed them off, and they are going to come after me big time now!!!

 

the seconed letter was sent out the next day 1st may, from HAMPTONS LEGAL, it reads our client lowell portfolio 1 limited / capital one

has been passed to us for attention, it goes on to read about legal proceedings may be stated, and sheriff and baillffs (not debt collectors ) will remove goods from my house, they may be able to deduct money from my wages, obtain money diectly out of my bank, and request my attendence at court for a examination of your financial means. it also urges me to call them.

This is scare tactics. They cannot authorise bailiffs to turn up without a Court Order.... the same goes for the rest of their bowlarks.... so don't worry about it. Send a copy of the above letter to them (cc it to them at the bottom) by rec. delivery, as they also need to know that the account remains in dispute.

Whatever you do.... don't call them !! This is what they are trying to get you to do.

 

the debt is for £363.33.

 

please help some one, what do i do now?? xxxx

 

[PriorityOne]

Keep one thing in your mind at all times.... without a properly executed CCA, a debt (covered by CCA law) cannot be re-enforced in court. It doesn't matter how many dummies get thrown out of the pram or how many threats of this and that you receive. It is the Agreement that needs to be re-enforced in court.

 

[PriorityOne]

do i send that letter to lowell;or the second company, who claim the account has been passed to there office HAMPTONS LEGAL

 

Send to Lowell.... cc (copy) it to Hamptons. Both by rec. delivery.

 

[PriorityOne]

another thing, is , its been over a month now,since requesting agreements after sending the cca letter and i havent recieved any agreement i take it that this is good news xx:)

 

Yes... it is very good news !! Well done so far....

[PriorityOne]

"Please use black or blue ink to fill out the APPLICATION FORM... "

 

[PriorityOne]

It looks like an Application Form to me.... it is headed up "Application Certificate". It includes "3 easy steps to filling out your Application Form". It asks for Personal Details... and there are no figures on it whatsoever, which would make it unenforceable by a court.

 

[PriorityOne]

It also clearly states that it's an Application Form.... .... and there are no details financial details on there, no APR, no T & Cs.... nothing.

[PriorityOne]

im so nervous becouse,none of these debt collectors ent realy relying to all this, apart from one who sent a application form (lowells/capital one), and another who have requested one (littlewoods-which i know there ent one), why they all being so quite?? xxxx

 

.... probably because they are unable to comply. After 12+2 days and one calendar month, it's an offence to pursue payment without complying with a CCA request.

 

There is no need for you to contact them at all... just complain to TS and the OFT.

 

[PriorityOne]

Hi Mich,

 

You need to report their harrassment at your Mum's house to TS as well... they seem to be piling on the pressure in a bid to get you to make contact.

 

As for their letter threatening court action, you could respond (rec. delivery) and say something like :

 

Thank you for your letter of xx/xx/xx

 

I do not acknowledge any debt to your company.

 

Until you are able to comply with my request with a true copy of my Consumer Credit Agreement (Consumer Credit Act, 1974) instead of an Application Form, then no payments will be forthcoming.

 

As you are in default of my request, a copy of your most recent correspondence has now been forwarded to Trading Standards, as well as a log of all calls made to my parents' home in an attempt to make contact.

 

Please take note that if it remains your intention to commence legal proceedings whilst in default of a legal request for information, any action that you do take will be vigorously defended.

 

Yours sincerely,

 

[PriorityOne]

Hi Mich,

 

I have read that some catalogue companies do send out Agreements, usually when it involves a bigger purchase on longer credit terms....

 

However... has the one they have sent you been signed by yourself and by them ?

Does it state the amount of credit ?

Does it state details of the APR ?

 

If you are unable to scan it on here.... please feel free to scan it through to the email address I gave you last time. If you no longer have it... I will PM it to you shortly. If I'm not online later.... please don't worry, I will get back to you as soon as I can.

 

[PriorityOne]

I sent a letter to Barclaycard asking for my CCA. They sent me back today a form which had my personal details, Income etc.. etc..

 

At the bottom of the form in a box, it stated that this is a 'Credit Agreement regulated by the Consumer Credit Act 1974'. You then have my signiture and date.

 

Can anyone tell me if this is a Credit Agreement, or my application form.

 

If it is a true copy, do i just carry on paying the DCA as normal.

 

Thanks

 

Fran

 

It reads like an Application Form to me so far (details of your income, etc).... A CCA would need to have both signatures on it to be "properly executed" anyway.

[PriorityOne]

Hi Fran.... if it's not an Agreement, then it's not enforceable. If all they have for you is a signed Application Form.... and without a signature from them anyway.... then it's not the real deal.

 

Hi Mich.... if this does prove to be an Agreement, then the fact that they have gone beyond the legal timeframe for sending it to you will mean very little. This is annoying to say the least.... but CCAs have still been re-enforced in court despite them being produced late.

 

Do not worry about this for the moment though.... if it does prove to be an Agreement and all you can afford are token payments of £1 a month.... than that's all they will get.

[PriorityOne]

Fran.... if you are able to start a separate thread, it will stop us from getting confused. You need to let us know who the DCA is as well. I need to log off shortly.... but will look up the thread that you start... and find you. Try not to worry...

 

[PriorityOne]

Hi Mich,

 

Sorry for not being on here for a while.... my daughter has just finished her GCSE's and we are both shattered !!

 

The Agreement does look as if it would stand up and contains both signatures (yours being blocked out). However, this doesn't mean that you should pay more than you can afford.... so don't be bullied ! If you are only able to make token payments on the account, then that's all that they'll get .... with all interest frozen, if applicable.

 

If you send token payments, then this should stop them from taking any action against you. You can still go ahead with the SAR.

 

I was so sorry to read about your Dad .... it makes me so angry to read about things like that. I am so glad he's on the mend now. Lots of love to both of you....