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Help needed- friend in trouble


Flyguy77
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This group has been very helpful just by reading through the threads. My friend and housemate is suffereing from mental health problems. He has been hassled continuously by both Link Financial and Debt Managers for payments of alleged debts, and this is hardly helping his treatment. I have with his agreement started to help him with this. Although he has made sporadic payments in the past and his situation has been explained to them in the past, they are basically just 'thugs'.

 

I have now written a letter for him as follows as at no time has he recieved anything other than threatening letters or phone calls.

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

With reference to the above account, I request you to send me true copies of this credit agreement before I will correspond further on this matter.

 

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

 

Your obligation also extends to providing me with a statement of account. I enclose a postal order for £1 which represents payment of the ststutory fee payable under the Consumer credit Act. I understand that a copy of my credit agreementr should be supplied within 12 working days from the date of this letter. THE MONEY IS FOR SUPPLY OF THE DOCUMENTS ONLY AND IS NOT TO BE USED AGAINST THE ALLEGED DEBTS.

 

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

 

Also since you are a Debt Collection Agency, I would ask that you supply signed true copies of the executed deeds of assignment for the above referenced agreement. This is an obligation , whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

Non compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the 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 contemplated will be vigorously defended and contested.

 

Further to the above, you have been informed on numerous occasions of my condition and that any contact by yourselves must be made in writing only to the above address. Telephone calls or personal visits will not be accepted and viewed as harrasment.

 

I look forward to hearing from you within the statutory time limit,

 

Yours etc

 

 

Have I got this right as an opening shot? It seems that they have an obligation to send him this information.

 

How we should proceed from there is subject to their reply as I understand it.

 

Also although I am not to conversant with laws re harrasment - surely under the mental health act it must be illegal to pressure somebody with mental health problems - any advice appreciated,

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QUICKLY go back and remove your personal details from that letter! :)

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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Turning to more practical help, yes it looks fine. Don't expect anything useful back from Link other than a patronising letter saying you're confused and that they don't have to supply any documents - however they will try to if you send another fiver! Eeejits.

 

Definately stress the health angle, they're breaching OFT guidelines in a major way.

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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Thanks - done the removal ( not that computer literate!!).

 

Yes I thought that they were - letter going today - and I shall enlist some big guns from the NHS when this gets reported to the OFT - as I ecpect will be the next step.

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Thanks - just spoken to the OFT helpline, they were very helpful and are reporting it to the Local TSA - they have given me some useful references for any follow up action.

 

I just want the pressure on my mate stopped - he has more than enough to contend with as it is.

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Great news. Keep us posted with any developments :)

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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Thanks guys - I am also going to ask his psychiatrist to write a letter explaining his condition. All this hassle for an original alleged debt of about £1500 subsequently loaded with penalty charges etc!

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Just so I get this right having CCA'd both Debt Managers and Link, I will now await their replies (with interest :) ) -I understand that I can reclaim any penalty charges from the original lender - do i have to SAR the original lender? Bit confused........

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Yes you do need to sar the original lender but i think just for the minute you sit tight and see what happens with regards to the cca,s you have sent

 

 

if i am wrong i stand corrected :D

 

Good luck you are a good friend!!!!:wink:

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Fly

 

You only need to send SAR if you don't already have the statements that you need as evidence of the unlawful charges.

 

See what he has still - you need these for the last 6 years. My first claim pending didn't need a SAR because I already had the documents. Even if he doesn't have them all, it will give you an idea of the amount that can be reclaimed, and its usually a lot more than you think:D

 

Varangian Guard

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Varangian

 

He has very few - and from those I can deduce its quite a lot, but I will wait and see what happens with the CCA letters before acting further. At the end of the day my friend is already looking brighter and can now continue with his treatment without this continually playing on his mind.

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Just remember that they have 40 days to comply with a SAR, and some of the banks are already bleating that they need longer because of the pressure they're under (my heart bleeds :D )

 

You then need to carefully put this info in the spreadsheet and send two letter requests for repayment, with 14 days after each. Only then can you file court papers and there's at least a month beyond that (unless they rush to pay!)

 

The point I'm making is that its a rather long process, so do get the statements as soon as poss.

 

Good luck with this. He'll find it the best tonic in the world to be getting one over on them:D

 

keep us posted

 

Varangian Guard

take no prisoners

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You then need to carefully put this info in the spreadsheet and send two letter requests for repayment, with 14 days after each. Only then can you file court papers and there's at least a month beyond that (unless they rush to pay!)

 

Don't forget he can add interest if it gets this far ;)

"Some of the biggest men in the United States, in the field of commerce and manufacturing, are afraid of something.

 

They know that there is a power somewhere so organised, so subtle, so watchful, so interlocked, so complete, so pervasive, that they had better not speak above their breath when they speak in condemnation of it."

 

Woodrow Wilson, President of the United States.

Change the US for the U K... do you think he meant CAG?! :wink:

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Hi,

 

Received a reply from Link and as DJDave suggested it is a patronising letter copy attached.

 

I was proposing the following reply:

 

Dear Sir

 

I Do not acknowledge any debt to your company

 

Thank you for your standard letter of 11th April. I would refer you to mine of 5th April, which requests true copies of the credit agreement.

 

I would remind you that this is my right under the legislation contained within section 77(1) and section 78 (1) of the Consumer Credit Act 1974, and that I am entitled to receive a copy of said credit agreements on request. If you claim to hold this alleged debt,this should be sent within 12 working days,and under the Act is your responsibility to obtain and supply. Failure to do so represents a default on your company's part.

 

I would also remind you that you are obliged to send me a statement of account, and I have already sent you the correct Statutory fee payable under the Consumer credit act.

 

I suggest that you now take action to respond to my requests as outlined in my letter of 5th April

 

Yours etc

 

 

Comments please - I am guessing this a standard 'con' Link reply, any comments on my reply or should I add anything??

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Link informed that under section 189 etc - they are obliged to send a copy of the agreement, await further developments.

 

On the Debt Managers Front they (I am told by the Royal Mail) have not collected the letter from their PO box yet (delivered 6th April)

 

Good the 12 days with both approaches fast - oh and TS in my home town are also very keen that I keep them informed of developments too.

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Bit more help from the experts please!

 

I have just helped my friend receive his experian report. The Link Financial Debts show as defaulted and I am awaiting the response to CCA request.

 

There is an entry showing default with Clydesdale Bank, this would appear to be the debt Debt Managers have been chasing - but there is no entry for Debt managers on the report?? Would that imply that the debt has been passed back to Clydesdale - I have already SAR'd Clydesdale - but the CCA went to debt managers - should I now CCA Clydesdale?

 

Finally there are two entries for CL finance - he did reach a settlement on these earlier this year - one entry shows current balance as satisfied, the other as defaulted. He never did get a receipt for his agreed payment and I have now written to them demanding a receipt. Presumably these entries should now be deleted from his credit file?

 

Any advise appreciated

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OK an update. Heard nothing from CCA request to Debt Managers, so they have exceeded the 12 day limit, and heard nothing more from Link after their kind suggestion of sending more money :p . So both have exceeded the 12 days (+2).

 

Good Just awaiting another 30days to report them both to Trading standards.

 

If Debt managers have sold the debt on (as is implied by my friends experian report) I look forward to doing battle with another bunch of idiots :D

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