DEBT, CCA's & What's Next?

[noomill060]

dyl4n-

 

The first thing you should do is start your own thread (so we know where to find you):

 

dyl4n V Lloyds TSB

 

 

Next you should use read the FAQs to learn the mechanics of reclaiming penalties.

 

Then:

 

1) Send a Subject Access Request to get your statements so you can work out how much of your debt is penalties and interest.

 

2) Send a CCA request (to find out if your agreement is actually enforceable.)

 

Follow the tried and tested CAG method and you will succeed in either reducing your debt or maybe even wiping it out completely.

 

BUT YOU MUST FOLLOW THE STEPS- dont go off half cock before you know what youre doing.

 

Start dyl4n V Lloyds TSB and we'll do our best to help.

[Poppy07]

Ok, quick update from my first thread:

Received something odd from NCO (paypal), but do not think it is relevant anyway, so this is null and void, and they seem to have left me alone since!

Haven't received anything from DG Solicitors (HSBC Acc) or from Moorcroft (Barclayloan)

Received a letter from RMA (Barclays o/d) who said they will be passing the account back to Barclays! Have sent them another letter as above.

Anyway they all have until 5th July (by my calculations) to provide me with a copy of CCA, if not I take it they are in trouble or my debt is unenforcable???

Another question, I also have a loan with Black Horse from when I bought a car and could afford the repayments, my payments have dwindled to them lately and they sent me court papers which I had to fill in and send back to the court stating how much I could afford to pay. I am assuming that if they have done this they must have a copy of my CCA? Or shall I send a request to them anyway? Don't really want to risk upsetting them though!!

 

Thanks all

xx

[lookinforinfo]

Re Black Horse-don't assume they have retained the original.Ask the for it-they will have to produce it in Court. If they cannot locate it, they may well

drop their case.

I shouldn't worry too much about falling out with them-they are already taking you to Court so I am assuming you are off their Christmas card list already.

[Poppy07]

True enough!! But they accepted my reduced payment offer, but I suppose they can't take that back now can they! They only took it to the courts when I requested statements showing the charges which came to a £1000!!! When I wrote the standard letters asking for it back I suddenly received court papers from them telling me they want the whole 10k back!! I only borrowed 9k in 2004!!!

No harm in sending a CCA request you think?

xx

[remus]

Poppy07, i relate entirely to your concerns over upsetting companies who have been kind enough to help you out, in difficult times.

It has taken months for me to realise that they are only helping themselves, and your post has shown me that I need to harden up, and start questioning exactly how much their kindness has cost me:mad:

And those court papers are, as we are finding an empty threat, as they think we will back down.

So send your cca, so they can see you are not making empty threats:cool:

[Poppy07]

Thanks Remus, your right I'll do it this weekend.

Ok received another letter from RMA!! (not my cca though!)

" Dear Sir/Madam,

Despite previous communication you have failed to call our office.

We need to speak to you urgently regarding your Barclays debt, we are making arrangements to ask one of our personal representatives to call on you to discuss your intentions towards this debt.

In order to prevent this from happening you need to either:

* send us the balance outstanding, or

* call us immediately on ..... to discuss.

Yours faithfully

Collections Manager "

 

What are they playing at? Do dca's have any authority to send someone to your house? And what about my CCA request and request for them to stop harrassing me and phoning me constantly - which they still do!!!

Anyone??

x

[remus]

where's Rory, Poppy another scare tactic:mad: , the cca puts the account in dispute, nothing can happen, payments, nasty men calling, NOTHING till it has been sorted.

Do not phone, little note that as account in dispute they are legally not allowed to harress, they are not even allowed to make a payment agreement:D with you.

They have what they call field representatives I think, tough you are in dispute, go away:p

[remus]

can Poppy take out an injunction? or am I talking b......s;)

[rory32]

With regards to visiting your home, they can forget it Poppy. DCA's have no special rights. Even if the account was not in dispute they still have no right to come to your home.

 

You may wish to send them the following:

 

Please be advised that I am only prepared to communicate with you in writing. OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending “doorstep callers” to my home, you will be reported for harrassment and be liable for damages for a tort oftrespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.Should it be necessary, I will obtain an injunction.Yours sincerely,

[Poppy07]

Excellent, thank you so much both of you, your fab!!! Just what I needed.

xx

I should just write a letter saying 'I am a member of the CAG - enough said'!!!! Tee he! This site is brilliant and I'm really grateful to you all!

[Poppy07]

Sent letter by recorded delivery yesterday! Will keep you posted!

Haven't received anything more from the other companies either!

xx

[Poppy07]

I have drafted my CCA request to Black Horse and I'm a bit concerned. The standard letter is quite blunt in saying that i do not acknowledge the debt, well if I didn't why would I have been paying it for so long, and plus why would I have asked for reduced payments? Do you see what I mean?

I'm a bit worried because its for a large amount, and I don't want them to produce the CCA and then get nasty!

Do you still think I should go ahead with this?

xx

[itsamomentintime]

if they produce the CCA, fine, pay the debt as you have been doing

 

re 'getting nasty', i assume you mean asking for larger monthly repayments? the words blood and stone spring to mind

 

and if they do 'get nasty', there are specific rules to prevent this, plus organisations such as Trading Standards that you can complain to. Worth doing

[remus]

poppy, I to have a rather large debt, and asked myself the same questions.

iamit's reply is spot on, just think about the amount of charges they have applied:eek:. (thats not what you agreed to).

And I've noticed the amount seems to have no bearing on the nastiness.

[Poppy07]

Ok your right, thanks both, i'll send it!

xx

[Poppy07]

I received a reply from Moorcroft today regarding my Barclays debt and my CCA request. It says:

"Please find enclosed a copy of the relevant agreement under the Consumer Credit Act in relation to the above account.

I can confirm that I have placed your account on hold until 14/07/07 and request you make immediate contact with our call centre to discuss a repayment proposal you can afford and maintain. Signed Mrs K Dyde."

Then attached is a copy of a Barclays document, which says thankyou for your application which has been approved, please ensure to read through the following documents regarding your loan. Then it goes on to state for me to check the details on the agreement forms and sign and date, read the T&C's, and outlines my repayment and repayment rate. At the end it says 'Important - You Should Read This Carefully - Your Rights

The CCA 74 covers this agreement and lays down certain requirements for your protection which must be satisfied when the agreement is made. If they are not,the Bank cannot enforce the agreement against you without a court order'

This I find hilarious as thats it, thats all there is to it, I have not signed it!!! It just seems to be what they must have sent to me originally when taking out the loan - a standard letter, it only says my name and address at the beginning - there is absolutely nothing with my signature on!!!

Are they for real? Surely they can't think I am going to fall for this? What should I do now? Write to them informing them that what I have received is not my CCA???

Hope i'm making sense - i'm rushing to get this all out!!!

[rory32]

I would thank them for supplying a copy of the agreement (if they say it's a copy of the agreement then for the purposes of the Act it is and they would have to rely on this document in court) and point out to them that it does not comply with section 61(1) and as such would be completely unenforceable under section 127(3).

[Poppy07]

..

[Poppy07]

RMA still ring me up to 5 times a day!! I have sent them a CCA request with which they have not complied, and I have also sent them a letter regarding the telephone harrassment, both by recorded delivery. It is really starting to annoy me now - what else can I do???

[noomill060]

Report to Trading Standards.

[ellioange]

Please can someone help me?? Sorry to butt in on your threads people!!

 

What a CCA?? and is there a format letter I can use to send it??

 

Thank you