Legal and Trade obstructing payments

[Pinky69]

Priority One - you are still there! Thank you for the advice. I will write to them and hopefully that will be the end of the harrassment - becuase that is what this is. If they do start Court proceedings and I have to go to a lot of bother for nothing, I am seriously considering suing them!

[PriorityOne]

Yes, am sill here Pinky !... still on Debt Row.... ....but gradually coming off it !

 

I very much doubt they will try and pursue this one to court.... but may sell it on to another bunch of muppets instead.... stupid bergers ! One of mine has recently done such a deed.... won't find out which account 'til Tuesday though.

[Pinky69]

AHA! I see what they have done now! The loan was originally an overdraft - which they converted into a loan! Now that there is no credit agreement, the letter I received is demanding repayment of the overdraft! So they want their cake and eat it too. All my statements from them relate to a loan. Do I need to request the overdraft agreement now or what? Surely I can now demand all the payments I made to them under the loan, for which there is no agreement. This is getting really complicated! Ha!

[kennyparkroad]

i would write back to them and state that your statements relate to payments made to a LOAN and not an overdraft, therefore cough up the CCA!

[kennyparkroad]

i would send Priority Ones letter

 

but does your statement show a Loan number?

or an overdraft number?

[PriorityOne]

There shouldn't be a need for another CCA request.... and I would forget about re-claming your payments back unless you want to open up a new can of worms with BOS. It's not as straightforward as it seems and success is highly unlikely.... as those payments will have been made voluntarily.

 

As it stands, L & T have no Agreement... so can berger off.

[Pinky69]

I have looke d at the letter again Kenny and the account number on it was not my original current account number. Also, the number on the letter is nothing like a current account number the B of S would use - it is clearly a loan acount number! You couldn't be up to the sonning sods!

[PriorityOne]

i would write back to them and state that your statements relate to payments made to a LOAN and not an overdraft, therefore cough up the CCA!

 

Whoa !!.... we don't really want the CCA, do we ?

[Pinky69]

I understand what you are saying Priority but if they start legal action then I am going to see a solicitor and will take advice about what I can claim off them. They have taken more off me than the original loan and there are many judgements about the unfairness of this.

 

This is the letter I am sending and hopefully it will stop any further action in its tracks.

"I have never had a Current Account with the Bank of Scotland numbered xxxxx – that is a loan account number and can be easily traced.

A request for a copy of the Consumer Credit Agreement(Consumer Credit Act, 1974) was received by your client’s agents on 10 April 2007. They were unable to produce a copy of said agreement. No such agreement exists.

 

As your clients are now in serious default of this request, any attempt to contact me for payment is a criminal offence, which I am reporting immediately to Trading Standards and the Office of Fair Trading. In addition, any attempted Court action will not only be vigorously defended but will entail action for return of all monies solicited from me illegally under a non-existent agreement, my costs and substantial damages for harassment."

The people are fighting back - Ha!

[Pinky69]

Hello again,

 

An update on my Bank of Scotland saga. They have huffed and puffed and sent me umpteen threats but I have totally ignored them and without a credit agreement they know there is nothing they can do. I am grateful for all the advice I received from you.

 

I have joined Priority One in making even greater inroads into getting (hopefully) the larger portion of my debts written off. I terminated my Debt Management Plan with CCCs as there had been nothing but errors with it since July and I am now free to pursue who has credit agreements and who hasn't. I am no longer afraid of any of this - I feel as If I have taken back control.

 

Thank you again everyone.

[Luminol]

Just a note, if your writing to Legal and Trade, the operations director is Colin Mclean. I'm sure he'd appreciate a personal letter !!

[Pinky69]

Thanks Luminol! I am finished with Legal and Trade. They passed it on with lightening speed as soon as I asked for a copy of the credit agreement. It is now with another company and they are up the creek without a paddle. I get letters saying they are going to do this and going to do that but they can do nothing and I just ignore them. Thanks for the info though!

[Luminol]

Glad your done with them and Good Luck for the future

[Pinky69]

Hello Everybody,

 

I was busy in December asking for copies of Credit Agreements using the template and sending the £1. I sent 7 in total. So far 2 haven't replied and their time is up on the 27th. The others are a shower of chancers! Moorcroft asked me "in a spirit of co-operation" what action I planned to take "in court or with other official bodies" so that we each know what the other is planning! Are they near the limit of the OFT's patience? Cabot have only written about one "alleged" account even though they have two! They returned the £1 and said they are not obliged to furnish me with a copy of the agreement but are hopeful of doing so within the 12 days! Nice try. Direct Legal Collections have said that they are hopeful of acquiring a copy of the agreement but if they don't they will provide me with a copy of a document that fulfils the criterion of the Credit Act. If they don't get a copy of the agreement, they will be in touch with me in 21 days. Take your time! If you don't supply me with a copy of the agreement, you can send me a piece of loo roll if you like because whatever you send me will have as much worth.

 

Yesterday I felt for the first time that I was taking back control from these scavengers. I am so glad I came on here - thank you all. There is a bit of a bumpy ride yet before I finally get rid of them once and for all but I am looking forward to finally putting this behind me.

[PriorityOne]

Well done Pinky.... . Happy Christmas !

[Pinky69]

Priority One- you are there! It was you who sent me down the right path in the first place - my debt best friend! Hope all goes well with you.

[Pinky69]

Some confusion that the experience of posters might be able to clear up for me!

 

I had a loan and credit card with the Co-operative Bank. On the list of addresses of creditors I received from CCCS, the credit card was listed under the Central Bureau of Defaulters and the loan under Phoenix Credit Services. I wrote asking both for copies of the credit agreements. The Co-operative Bank itself has not been on the list of creditors since 2003 but I still get statements from them concerning the credit card and I got one again yesterday.

 

I am confused about who now owns these debts - and whether these two agencies are acting as agencies or do they own the debts? Is a request to them for a copy of the credit agreement legitimate even if they are only acting as agencies? - I have never received letters of assignment. And why would the Co-operative Bank pass them on for others to manage when they have their own debt management section? The 12 days is up for both on Thursday and I have had no replies.

 

I think the banks act in cahoots with agencies even when they sell the debts on. I wrote to both the Bank of Scotland and Legal and Trade asking for a copy of the credit agreement and the Bank of Scotland returned the £1 and said Legal and Trade would deal with it - I never received a leeter of assignment from them either (that loan is now well in default). I got statements from the Bank of Scotland.

 

My query is : if an agency is acting on behalf of a bank, are they bound in law to provide a copy of the Credit Agreement if asked or should I also write to the Bank? I'd apprecate your guidance - thanks. I don't even know who owns these debts.

[dpick]

Hi I had same problem what I did was send CCA to company who was demanding payment, in both cases they wrote back that they had asked their client to forward the information on to me, as far as I am concerned the time scales involved with the CCA request start from the date the first company received the CCA request. Though this did prove to me that they did not own the debt as one of them had said in their letter to me.

 

all the best dpick:)

[Pinky69]

Thanks for that, dpick. So, just to clarify - the request to the agency satisfies the credit agreement request. I see from the statement I received that they have actually paid the £1 I sent with my request for the agreement into the account! That's academic because the important thing is that in sending the £1 I have complied with the CCA. They are obviously going to try and ignore it but I am going to ignore them longer - for the statutory period!

[ODC]

Under s175 of the CCA a DCA must send your request to the original creditor for copies of the agreement if they do not have it. The time scales still apply.

[Pinky69]

Thank you ODC - that puts my mind at rest and I will now know how to replyto the Co-operative Bank once they start harrassing me.

[Pinky69]

2 of the 7 DCAs requested for CCAs are in default today. The funny thing is that I have had letters from 4 of the others but not even an acknowledgement from these 2. Oh well, a further 30 days and counting!

[Pinky69]

Time is moving on and 5 of the DCAs I wrote to are now in default, with the remaining two being in default in 2 days time. I have had a letter from Hillsden Securities saying they are trying to get a copy of the agreement from MBNA and in the meantime all activity on the account has been suspended - that tells me they don't have one and I expect I will receive a hashed up application form in due course. I have also had a letter from the Co-operative Bank saying they haven't received a payment and I replied that their agents/assignees haven't replied to my request for a copy of the agreement are now in default - either the DCA hasn't contacted them or they are at it!

 

Tick tock, tick tock - just take your time - no rush!

[Pinky69]

D Day - they DCAs are now all in default! I haven't heard the last of them but at least I am now in charge and that feels wondeful.

[Pinky69]

Letter from Cabot to say they are still trying to get the agreement from the originator, which means there isn't one. The Co-operative Bank have gone strangely quiet since I informed them the DCA they passed/sold the debt onto haven't replied to my CCA request, so that means they don't have the agreement either. Isn't this fun? - Ha!