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Help and advice please. I have a long-standing debt with Style Financial Services. Debt passed to DCA who stopped interst charges and said debt slowly reduced. DCA was changed to Robinson Way and interest reinstated and even though I was paying agreed monthly payments, interest added is higher and I now owe one third as much again on the debt. Pointless paying anything as debt only increases not decreases. What can I do - need answer quickly before court action

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A DCA can not add charges to the original debt. The first thing that you need to do is send them a CCA request this will dispute the debt and mean they lawfully can't ensue any court action. Also unless a DCA actually own the debt they can't take out a court action against you.

 

I have posted a sample CCA request below which you may wish to use. You may also wish to pm a moderator to get this thread moved to the debt collectors sub forum.

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxx

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

With reference to the above account, I request that you send me a true copy 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 £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

 

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 agreement under these sections of the Act.

 

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed 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 relevant statutory authorities.

 

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

 

1. True copy of original credit agreement

2. Statement of account

3. Copy of the executed deed of assignment from (Name of original creditor) and Robinson Way

4. Fair processing notice.

 

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 you may contemplate will be both vigorously defended and contested.

 

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.

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

 

Yours faithfully

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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PM means personal message if you go to you User CP you can do this - alternatively I can do it for you, just let me know.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thanks gizmo :D

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thank you rory32 for your explanation but on returning from work found message already moved. Posted suggested letter this afternoon so I shall wait and see what happens. Will keep you informed if I may?

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Please do.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hello rory32 if you are out there somewhere. Received letter from Horwich Farrelly Solicitors today on behalf of Robinson, Way and Company Limited which reads and I quote:-

 

We acknowledge with thanks your payment of £1.00

 

The balance outstanding is stated above. Please make sure your next payment is made before the due date agreed to ensure it is with us by the due date.

 

We may be able to offer a reduced rate settlement figure for the above account, please contact us for details.

 

What is my next step - I would like all the interest that has been added removed and then my past payments deducted, and to be left with a more manageable sum and reduced payments if possible?

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We acknowledge with thanks your payment of £1.00

 

Have they taken the payment of £1 against the account? From their wording it sounds like they have.

 

You need to write back to the solicitors stating:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR YOUR CLIENT

As you will be aware the recent payment of £1 was made to cover the administrative costs of providing a copy of the credit agreement for this account under The Consumer Credit Act 1974. Your client would appear to have waved this fee and ignored my statement of non acknowledgement of this debt by applying the £1 to the account.

Please inform your client that if they wish to wave the £1 fee they must return it. They should not apply any payment to this account.

Furthermore I would advise you that this account is currently in dispute. Please do not contact me again while this account is in dispute requesting payment. If you do you will leave me no other recourse to report you to the relevant authorities.

Your sincerely

The reason for requesting the return of the fee and reasserting that you do not acknowledge the debt is that a debt can be acknowledged in two ways

(1) in writing

(2) by payment.

They are trying to use your £1 postal order as acknowledgement.

Remember that once the 12 working days from receipt of your CCA request are up they are in default. This means you can withhold payment until they produce a copy of the agreement.

Once they send you a statement of account it should show all the charges on the account.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Also when the account is in default ALL interest should be suspended.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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When you took out the loan you agreed an interest rate. A DCA can re-instate interest if it is a purchased debt and/or with permission of creditor. If it is in the oriinal terms you agreed to.

Yeah that's why some ignore the agreement and add 35% and upawards interest.

If they reinstate it under the terms of the agreeent why have DCA's been running a mile when it come to our rights being excercised under it?

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A DCA can not apply any interest to an account without a court order. With regards to Rameses post he does not seem to understand the different types of deeds of assignment. To transfer the rights and responsibilities of the debtor and creditor (e.g. interest rates) this would require an absolute deed of assignment. This can only be granted with the debtors approval. Once again Rameses you have shown you general ignorance in this matter.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thanks once again for your advice rory32. I will post suggested reply tomorrow Tuesday by Recorded Delivery and YES they did take the £1 off the amount they say I owe. I have noticed quite a few threads started because of problems with Robinson Way. Is dealing with debts and debtors your line of work or just a hobby? (Sorry - being curious)

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It's not my line of work (I'm an engineer) nor is it a hobby. I spent a couple of years having to deal with these barstewards due to debt problems.

 

If someone had not helped me I shudder to think how things would have ended up. I have no respect for DCA's and would like them either to start acting lawfully or be put out of business. As they currently are, they are completely despicable as an industry preying on the fact that most consumers do not understand their rights.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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scenario.

 

Jack asked for a bank account from sally the blond good looking bank cashier.

Sally said certainly Jack here is an application fill in your details and send it off with your id.

 

However because of certain circumstances out of Jacks control when the account was opened he received an account charge or several hundred.

 

Now one of Sally's colleagues Sarah wrote to jack asking him for it back.

 

Jack said i would pay you it back if he had the money.

 

Sarah did not like this so Sarah writes to big bad BOB at the Debt Collection Agency.

 

Sarah had asked Bob if he would take this money over for him and maybe he could put his expertise at work and recover it. Bob agreed for a fee. ( the debt is now classed as sold by the bank)

 

Sarah is now rubbing her hands since she thinks she has been relived of this debt. However poor old Jack is now becoming further and further behind in his repayments.

 

 

Jack the poor old sole has turned to all kinds of things to try an alleviate the stress he is suffering after finding out he can not apply for a loan because of the correspondence between Sarah and BOB.

 

 

 

 

Under the Consumer Credit Act (CCA) the law states that Sarah should have given Jack the chance to negotiate a contract and sign it before an account was opened. This is unfair if Sarah did not offer Jack this chance.

 

 

The CCA act is the act that governs the collection of debt recovery. One must apply to the regulators for a licence to chase this debt. (like BOB did)

 

 

Jack can write to Sarah and Bob asking for a copy of this supposed contract that he signed. If Sarah or Bob refuses to reply within 12 days this is a criminal offence. If Sarah or Bob dose reply within 12 days Sarah and Bob has a further 28 days to supply this agreement. If Sara or Bob dose not supply this agreement the debt is unrecoverable by Bob Or Sarah or any one else Sarah feels might want to write to.

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Dear rory32 it is now 12 working days since I posted the original letter to Robinson Way and no documents have arrived. I have had no reply to my second letter requesting my £1 be returned. I posted the first letter by Recorded Delivery but seems to have arrived but no signature so I do not know exact date but we do know they received it. The second letter was delivered and signed for on 30/05/07. What is my next step please?

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After the 12 working days you have to wait 30 calender days for them to commit a summary criminal offence. After they have committed the offence this is when you write to them asking for them to close the account and remove all trace of the account from your credit file.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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They can but the debt still remains unenforceable. The obligation for providing a copy of the agreement still lies with Style. You can of course report them if they then pass the debt on to another DCA.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Making comments stating that absolute assignments "can only be granted with the debtors approval" demonstrates a lack of knowledge. Yes you can, simple as that. (Please for example look at vthe original terms and conditions on original contracts).

 

This defence is often used and ALWAYS fails.

 

Very bad to state this on a forum. Debtors may gain false hope. Stick to recommending they request a copy contract.

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