gypsum v various dca's inc moorcroft.

[gypsumsif]

hello all. here we go then.

i haven't had chance to go thru all out debts and various angencies dealing with them, but i have sorted one out (its a little more urgent).

bit of background?

back in november 2005 i had amassed £1100 on my builders merchants bill (im a plasterer). now, its not a proper sort of account, its more of... i take what i want from the yard, they write it down and put it in paul's folder. its almost like a bar tab if you will. there has never been any agreement or paper signing, i dont even sign for what ive taken. but they are a small company, and i would gladly pay the bill. but didnt.

3 weeks ago i get a letter from DELTA BLADE SERVICES of southampton.....

 

(hopefully an image:rolleyes:)

 

as you can see, they've added quite a large amount of extras.

i got another letter from them on saturday 21 April 07 saying ive got 7 days or its court time. so ive found this in another thread...

 

Dear Sir/Madam

 

Re:−*****

 

I do not acknowledge any debt to your company.

With reference to the above account, I would be grateful for a signed copy of the alleged agreement you refer to.

 

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.

 

The enclosed payment is not to be used to reduce any alleged outstanding balance.

 

I understand that a copy of my credit agreement should be supplied within 12 working days. As I am sure you are aware, you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

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...

 

 

 

 

 

 

what do you all think? i know i drone on a bit, but at least you know where im up to. i cant see them proving anything. if they drop the silly charges, i'll happily go into the builders yard and pay them. i just want this delta company off my back.

[dencha]

You have the gist of it. Send it and see what if anything comes back.

 

You would be far better off using Photobucket to post you docs which is free, as the one you use takes you to a gambling site first plus all those adds

[rory32]

Hi gypsumsif,

First of all I would report them to the OFT as they're not allowed to place additional costs on the debtors account.

You may also wish to bypass the DCA and speak/write to the builders yard and agree a repayment schedule with them. Or if you can just pay the bill in a oner do it. Just remember any agreement you get from them must be in writing.

I really don't think you have anything to worry about on this one as if it went to court and the judge found out you had made an offer of payment, which was then declined, he'd be less than impressed to say the least.

[gypsumsif]

Hi gypsumsif,

First of all I would report them to the OFT as ........

 

hello rory,

ive had the account with the builders yard for quite a few years and know the lads well. they are only a small company and i WOULD like to pay them direct. i'd just had a couple of hard months when the bill mounted up.

when i got the above letter from the DCA i went straight up there with my cheque book, because of the unfair and trumped up charges made against me. but i was told it was out of their hands and they couldnt take payment.

 

hopefully, now i have sent the CCA, the DCA will see the lack of CCA and back out, leaving me to happily pay the builders yard what i owe them.

[rory32]

Good luck.........let me know how it goes.

[gypsumsif]

i think i have gotten the hang of the cca's, but i'll keep posting if you dont mind, so that you can keep an eye on me and point me in the right direction occansionaly.

 

we have sorted out the other debts now and i am going to post thier cca and £1 postal order tomorrow.

 

delta blade services acting for a builders merchant cca sent 24 04 07

 

direct legal & collections acting for Egg credit card. sent 25 04 07

moorcroft acting for goldfish credit card. sent 25 04 07

blair oliver and scott acting for halifax credit card. sent 25 04 07

time retail finance acting for comet store card. sent 25 04 07

nationwide debt recovery acting for littlewoods catalogue. sent 25 04 07

CCA's will be posted 25 04 07 do you want the value of the debts? i dont mind if it helps.

 

i didnt know it was this bad, but it can only get better from here (he hopes).

 

on a happy note, i also wanted to cca benificial finance for a debt of £200 ish, but my wife didnt want to, as she says they are the most helpful and understanding company she has come accross.

 

just please keep an eye on my post, im following a few other people thru their problems, thats how ive learnt about this stuff. and ive seen how much they benifit from your help.

[gypsumsif]

it's just occured to me. is there a problem sending CCA's to PO Box numbers as some of the addresses ive got for my dca's are just that.

 

Blair, Oliver and Scott limited,

PO Box 66,

Fife,

KY11 2WG

 

 

Moorcroft debt recovery limited

P.O. Box No. 17,

2 Spring Gardens,

Stockport,

SK1 4AJ.

 

 

Time retail finance limited.

Selectpost 17,

Rotherham,

S97 3BS.

 

 

hope ive got the correct address.

[rory32]

No problem, most of these companies addresses are P.O. Boxes. If you send them recorded delivery they still have to sign for them.

[gypsumsif]

got a reply from delta blade today.

there was never any agreement between me and the builders yard, more of a gentlemans agreement, but because of delta blades admin acosts etc.. i would rather pay the builders merchants direct. its only fair, it is my debt.

the reply contains copies of the four outstanding tickets totaling £1117.76, and a covering letter.

 

 

i dont think delta own the debt, rather they are just trying to collect it.

 

i was hoping when they saw they had no agreement it would scare them off, and place me back in the hands of the builders merchants, and i could pay the original amount directly to them. i'll go and see them tomorrow (the builders yard). hopefully sort this one out. i just need to get rid of this delta company and thier horrendous extra charges. i know the lads down the yard dont have a leg to stand on in court, but i dont to take them there.

 

i think it'd be a good idea for me to start a new thread for my credit/store card debts. they are reasonable blokes at the yard. any thourghts?

[PriorityOne]

I very much doubt that this comes under CCA law...

[gypsumsif]

oh?

any suggestions then please? i need some ammo to get the charges removed.

[Guest buda01]

tell the dcas to do one. end of.

you said you went down the yard to pay them and they wouldnt take your money to settle this account. i can only presume that the dca asked them not to take money from you cus they wont make anything.

anyway, i would have told them down the yard after refusing offer for payment tokiss my [edit]. youtried to pay and they didnt want your money. their loss. you say tha they are good lads well you kno who your friends are when the [edit] hits the fan. you could ask dca for deed of assignment with regards to the debtand tl the to take you to court so they can explain their unlawfull charges to the judge. they wont. you could go down to the yard and explain to them that they have no contact or credit agreement with you and the debt cant be legally proven. see how fast they willing to take your money then. reind them that an unsucessful claim will cost them money and that you will contest it and even if they were unlikely sucessfull in proving any of the debt, they can have a tenner a week cus thats all you got.

even if you do sort it with them, i think its unlikely they will let you run up a tab again. you didnt say if they had contacted you requesting payment or just sent it to a dca. anyway, i would be well [edit]ed off and would make them wait for their money if they got it at all. thats me and im not telling you what to do.

[PriorityOne]

oh?

any suggestions then please? i need some ammo to get the charges removed.

 

There is no obligation for you to pay any charges. I believe that the procedure would be similar to the removal of unlawful bank charges and once these charges are removed... you would pay the true outstanding balance. Put everything in writing and send everything by rec. delivery.

 

You could use the argument that if they (DCA) do decide to take court action against you, then you will expect them to provide a complete breakdown of all charges applied to the account in court, as well as proof of ownership/authority to collect. In any case, you need to see some proof of ownership/authority to collect in order to know exactly where your payments are going.

[purple blue]

Hi just pay the builders merchants and ignore the debt collectors they can not force you to pay them. A friend of mind had a similar situation but the debt was bank charges only. Their solicitors called and called and called freigtening court action but they know that it wouldnt stand up in court because they're unlawfull anyway. Slowly they called less and less. They know there are people out there who would just pay up. Just dont be one of them.

[rory32]

Hi,

with regards to the DCA they can not impose collection charges on top of the outstanding debt (its against the OFT guidelines). Beginning and end of story.

As you have offered to pay the yard and they have refused, if they took you to court the judge would have a fit.

[gypsumsif]

thanks a lot for the replies people. really, thank you.

as you all seem to agree with what i thourght, this is a non starter. i didnt make it down there today to see them, i'll do it monday. i dont think they have a choice but to accept my money. it's a case of take this or nothing.

i'll report back if there is any major hick up's, but i think this thread is finished now, and i can concentrate on the proper dca's.you've all been a great help and i will rep you all.

cheers.