Help composing letter to solicitor, please?

[rory32]

Sorry tomterm8 - I obviously wasn't clear. Hopeful needs to decide whether to acknowledge the debt and claim the unlawful penalty charges back or not acknowledge the debt and not claim the charges back.

 

So we are in fact in agreement (I think)

[Hopeful1]

Thank you both. Rory32, since i've joined, you've never been too far away each time i've posted - you're a star .

 

Posting on here is like thinking aloud. As i read more different threads and gather more opinions it starts to make more sense. I think i sent out CCAs like a woman possessed before i fully understood what they and S.A.Rs are all about and the road it can take you down - this hit me after reading Angry Cats year long battle with Egg!

 

As everyone seems to agree the agreement is not properly executed, i can keep it 'in my back pocket' as it were. At least i know the DCA has no power with this particular document, they just don't know i know!

 

I'll wait and see what Egg provide.

 

Please keep your eyes out for this thread as i update .

[davefirewalker]

Hi hopeful....

 

Only just got onto this, and as you have been already told (I think) the total amount of loan is missing as is the total charge for credit. These points alone would make the agreement uneforceable.

 

what you do witht he information is your call.

 

I havent fully read your thread....are you having trouble with dca's yet?

 

if so tell them that the account is in dispute and to go away, as any further comunication will be illegal and seen as harassment

 

then I would definetly send a letter to egg telling them that you believe the debt is unenforceable, and wait for their reply.

 

Dave

[davefirewalker]

one more point....where was it signed ? (at their place of business or at home)

 

it makes a diference

 

Dave

[Hopeful1]

Hi Dave thanks for posting. The agreement was signed at home. I can remember arranging to change the card to a loan over the 'phone. The paperwork was posted.

 

With regards to your question about DCAs, Arc are handling this . It is them that have sent me the 'agreement' posted above. I have sent Egg a S.A.R. I'm going to see what charges were put on the original Egg card and then the loan. I'll try to reclaim them and have them deducted from the balance. After that i can challenge the agreement and look to have the default removed if they cannot produce anything better.

 

I'm assuming that Arc know the agreement isn't enforceable based on what they've sent. Because of that, i will resend my budget sheet with a (very) small monthly payment offer. I am not going to discuss the 'agreement' with them unless they start hassling me. I shall let them continue to think that i'm extremely stupid and believe everything they tell me!

 

I'll keep this post updated

[Hopeful1]

Quick update:

Posted CCAs to all DCAs couple of weeks ago, but no record of delivery to 2 of them, including NDR.

 

Reposted undelivered CCAs by Special Delivery they were received on 29.05.07.

 

Yesterday i received statement from NDR, dated 2 days after my original request was posted. A 1.00 payment had been deducted from the balance. So they had received it!! Absolutley no response to CCA request though. Fine by me, i can do more sitting and waiting...

 

Answered 'phone yesterday to hear a recorded message from BCW telling me it was going to pass me to an advisor to discuss my account...whoops the 'phone fell onto the receiver . Also awaiting CCA response from these. Not long until expiry date, but long enough!

 

Today i've received an acknowledgement letter from F.O. with regards to reclaiming Abbey bankcharges. Didn't have confidence to follow up with further action, but might be brave enough with others since finding this site.

 

Have a good day everyone

[Hopeful1]

Woo Hoo!! 12 day expiry is now up with BCW . I've had another letter threatening court action over last few days and a recorded message to call them. Obviously i have not!

 

Trevor Munn solicitors have also written on behalf of Arc again. The letters always direct me to contact Arc. I did intend to send budget plan/payment but haven't, so i must do that tomorrow. I have sent S.A.R request to Egg though. No response as yet.

 

I missed a call on my house phone today. Missed number was: 027555. I've done a search and it's come back to DNA Group . Has anyone heard of them? They have a website - i think they were DNA Corporate rather than group on this. The address is:

 

Suite 1

Grove House

Le Bordage

St Peter Port

Guernsey

Channel Islands

GY1 1DB

01481 724 132

 

I couldn't find them on Companies House. I just wondered if anyone knew who they normally work for? Fore-warned is fore-armed and all that!!

[Hopeful1]

Well, the post has arrived:

 

1. I have recieved a letter from Geoffrey Parker Bourne solicitors on behalf of BCW. BCW past the 12 day CCA expiry date on 6th June. I've had no acknolwedgement of it. The solicitors letter says i muct contact BCW with a repayment proposal within 72 hours with a repaymen plan. If not they'll take me to county court, sue for solicitors fees and court costs etc, CCA BUT they cannot enter into any correspondence with me it must go to BCW!

 

I'm not going to contact BCW, but i'm going to write to the solicitors to say that the account is currently in dispute. I shall search around for some good wording but if anyone has any pointers, please let me know!!

 

2. I sent a S.A.R request to Egg which was received by them on 31.05.07. I included a 10.00 PO, copy of my driving licence and a utility bill. ALL of this has been returned with their own request form. It says that a "pack" will be sent out for S.A.R requests, so don't send a fee until then.

 

Question: While i'm waiting for this info., can i tell Arc (DCA handling account) that it is in dispute and withhold payment? If i can, that's fine, i'll play Egg's game because it gives me more time.

If not do i start the 40 days from the time Egg receive the pack they'll eventually be sending me or does it carry on from my original request?

 

I'd really appreciate any help to keep me on track

[babybear39]

Hi Hopeful1,

 

Grrr...

 

Typical over zealous bunch of t**ts!!!

 

Good thing we know our rights isn't it

 

They're now just wasting they're own time and money. Let them...Gives you more 'rope' to 'hang' them with

 

This latest can now be used in any harassment case you may or may not plan/have to prepare

 

Shame you now have to waste more time, effort, materials and money sending a letter to solicitors that should know better

 

Not had my post yet, so 'sh***ing' self at mo lol...

 

*hugs*

 

BB

[Hopeful1]

Unbelieveable aren't hey? I completely concur with all expletives

 

Have you any thoughts on the Egg senario BB?

 

Let me know when you get your post

[babybear39]

Sorry, no, not really as mine is 'allegedly' from GE with these bunch.

 

However, my LTSB 'alleged' debt is with the other DCA I've mentioned and that might go the same way. Who knows????

 

Fingers an' everything else crossable crossed

 

*hugs*

 

BB

[Hopeful1]

Bump! Can anyone look at my last post on P.3 and give me any assistance, please?

 

Thanks for your input BB

[rory32]

Question: While i'm waiting for this info., can i tell Arc (DCA handling account) that it is in dispute and withhold payment? If i can, that's fine, i'll play Egg's game because it gives me more time.

If not do i start the 40 days from the time Egg receive the pack they'll eventually be sending me or does it carry on from my original request?

 

You can tell ARC that the account is in dispute which means that they shouldn't pursue you. With regards to withholding payment really that is your call.

 

The 40 days started when Egg received your S.A.R - (Subject Access Request). This is a standard stalling tactic from Egg and they will state in their "pack" that the 40 days start from when they receive all the info they require. This is incorrect and you should remind them of this.

[Hopeful1]

Thank you Rory. I thought that was the case but as per i wasn't 100% and couldn't remember which threads i'd read. There's so much info to take in, but i'm trying to learn as fast as i can - honest!

 

Tomorrow night will be research/letter writing night - it's too hot and sticky today!

 

I can relax now i know where i'm going...until the next letter comes through the door!!

 

Best Wishes

[Hopeful1]

BAD NEWS 1ST:

 

Think i'm being chased by RMA/NCO, but i don't know why . I'm receiving dodgy calls but not had any conversation as yet. No letters either. I've asked on some-one else's post if anyone knows which companies they usually 'work' for? I realise from the threads i've read that they're not very nice people.

 

UPDATE ON OTHERS:

 

1 DCA passed 12 day CCA expiry at the beginning of week.

 

2 DCAs will reach 12 day CCA expiry tomorrow.

 

Hubby's OC passed expiry for CCA at beginning of week too. Has received a court action letter. I quickly fired off a 'debt in dispute' letter. Also waiting for S.A.R.

 

FO still looking into Abbey claim.

 

My confidence is increasing, but i know i still have lots to learn. Thank you to everyone on this sight ;-)

[babybear39]

When will these morons (moron means carrot in Welsh btw) finally learn that passing alledged debts to another bunch of morons when the alledged debt is clearly in dipute, is a breach of data protection...tut tut

 

If your suspicions are true Hopeful1, then they're just digging them selves deeper into the proverbial poo Let them

 

Should we all pitch in a few pennies and buy them a bigger shovel ROFL

 

*hugs*

 

BB

[Hopeful1]

UPDATE:

 

BCW have defaulted 12 day expiry and i'm counting down the calendar month. Despite this i've come home to 2 answer 'phone messages. Have started a log. If it continues i'll be sending them a telephone harrassment letter. In the past i always responded because i was so scared of them. What a difference a few weeks makes!!

 

The last 2 CCA requests have defaulted so that's 3 all together now. It gives me chance to catch up with other things i have arrears on that are important. It also gives me more time to keep reading around this site so i can prepare myself for any possible battles. later on!

 

Thank you to everyone for the support so far.

[Hopeful1]

This is where i'm up to:

1. BCW have left message for me to make urgent contact. I will be, but only to request their internal complaint form . I did e-mail them over the weekend to ask them not to contact me by 'phoen as they've left regular messages.

Have faxed letter to their solicitors to say account is in dispute.

 

2. MBNA wrote threatening action (Hubby's acc.). Have sent spec. del. letter to remind acc. is in dispute. They are in default for CCA. I had also made S.A.R request at same time as CCA request. I'm waiting to see what's on statements before deciding which route to take.

 

3. Have received letter from NCO re Orange debt. This has been passed on from NDR. Can they just pass debts around or are they supposed to tell you? No big deal, just wondered. I am ignoring NCO and paying Orange direct. They keep ringing with that automated system. I've heard one 'human' voice. He got irritated because he kept asking if i was in and i just repeated any info must be put in writing. Eventually i said i had nothing else to add, said "bye" and put the 'phone down!

 

4. NDR (Littlewoods) are in default. I shall also request a complaint form from them. They haven't been in touch, other than to send a staTement showing they'd deducted my CCA 1.00 PO - HOW RUDE!

 

5. Moorcroft hold my Abbey account (overdraft). I am still paying them as the FO are looking into my claim for charges. The charges are about 1,000 over the outstanding balance on this account and that's without interest. I hope i don't regret saying this, but Moorcroft have been ok with me, even though i've reduced my payment to them by 110 pounds to 20...sshhh!

 

So, that's where i'm up to now. If you have any thoughts/advice/comments or pointers, please feel free to add them .

[ollie732]

Good luck with this i'll be watching with Baited Breath

Ollie

[reduk054]

ARC another DCA

Hey Hopeful1, I hope that this is what you wanted! BTW, it sounds as if you have your DCAs under control. Good on you. Rooting for you

Red

[Hopeful1]

Cheers Ollie.

 

Just a thought with regards to your thread - if you went down the charges route and got to the point where you needed to go to court, you could always contact the Financial Ombudsman like i have with Abbey. I couldn't afford court and wasn't confident about the process. With a new baby coming i can understand you'll need every bit of energy you can get. As i said, just a thought!

[Hopeful1]

Thanks Red, i couldn't remember which thread was yours - even though i've posted on it!! Too much information for my little brain with all these threads !

[reduk054]

Hopeful1 just read your post re Financial Ombudsman, and was thinking about going this route with A&L as the amount is miniscule, but its the principle! Did you start a thread with this or any advice would be greatly appreciated.

Red

[reduk054]

Thanks Red, i couldn't remember which thread was yours - even though i've posted on it!! Too much information for my little brain with all these threads !

Thought you had Hopeful1, however there are so many threads and sometimes its just great to have things at hand, instead of trawling through pages!

Red

[Hopeful1]

Hi Red, i've just re-read your thread, i remember now!!

 

I went to the Financial Ombudsman website and downloaded/printed their form. It was easy to fill in. I sent them all the statements i'd recieved from Abbey and all the correspondence Abbey had sent me. They've sent me a letter recently to say it had been assigned to an investigation officer. I think i read that they like you to have made a request for the charges to be refunded first, so that you use the FO as 'last resort'.

 

I think it can be a slow process, as they're becoming a popular route, but that doesn't bother me. I have so many things to worry about at the mo, i don't think i'd cope with court papers too. I may be putting in a claim for my hubby and MBNA but he wouldn't go to court. I will certainly use the FO again if it is worth claiming.

 

I haven't started a seperate thread. I'd done this either just before or just as i found this site. I will post any updates on this same thread.

 

Keep in touch. Have you made those copmplaints yet against ARC?!