Many DCAs ...one step at a time!

[moving on. .]

Firstly, this fantastic site is transforming my life...so Thankyou.!!!....but still, a way to go and just need bit of advice.....I am on a debt repayment plan...many of the debts have been passed onto DCAs in the past 3 years. I have sent SAR to some of the cards claiming unlawful charges(Barclaycard, Cap One and Littlewoods Barclaycard).

I am wondering if I can CCA the other/all the DCAs..bearing in mind I am on a repayment plan, should I advise the Debt Management Agency of my intention to send the request for CCAs?. I am concerned about 'acknowledge the Debt' as regular payments are being made.Thinking I should take one step at a time I have not asked for a CCA from the cards I have SAR,d....(hope I am not stepping backwards here!)

By coincidence?? this morning I have received a leter from Mercers on behalf of Littlewoods Barclaycard(whom I sent A SAR on 24th April)..stating 'Default notice served under sec87(i) of the CCA 1974' asking for full payment by 7th June!!..Should I send a CCA request to Mercers at this juncture?.will this affect claim for charges? and will any charges reclaimed go straight to the account or can I ask for payment straight to myself?

kind regards...

moving on...

[Guest Mincemeat]

First of all, did Mercers issue a default because you stopped paying them, or are all payments up to date? If they have done this as you've sent them a SAR, they are playing dirty. Send them a section 77/8 request under the CCA 1974 (see template library) and issue a SAR to them. You're going to have to place this one in question to stop them issuing a default on your credit file.

 

No, the CCA will not affect your claim for charges, but remember, this is Barclaycard, who are much much better than say MBNA or Capital One for producing agreements that are actually lawful.

[moving on. .]

Many thanks for your early reply Mincemeat...

I had sent a SAR to Littlewoods Barclaycard on 24th April....I did not even realise this debt had been passed to Mercers.I have been on the repayment plan since Jan 2005...they have been paid monthly, but the amount varies..They are saying I am 'behind with payments' but no amount is quoted. ..I have had no correspondance from either Liittlewoods or Mercers since Jan 2005!!..coincidence that I have received the first correspondance since sending SAR on 24th April to Littlewoods.!!!....So just to confirm ... I should now SAR and CCA Mercers? Shall I CCA Littlewoods as well?..Incidentally no statements from Littlewoods yet?!....and still carry on with repayment plan for now??

kind regards

moving on...

[Guest Mincemeat]

You've got to continue payments until you can prove they don't have the paperwork. Also, write a snotty letter to Mercers asking how you are late. If you've got them, quote the payments you have made to them and refer back to the agreement you made with them in Jan 2005 asking how can you be behind?

 

In my book, if you can afford the £1.00 and £10.00 fees, send them to all and sundry, but remember, you're going to be waking them up so expect the nastygrams and calls to ramp up.

 

Once they haven't complied with the CCA's (and by that I mean breach after 1 calendar month after they are in default) stop paying them.

 

As with any advice you get on here, read through other posts just to make sure you are happy with the advice being given to you. You should also be very wary of those who tell you to go in all guns blazing. We're all able to offer support and advice.

[moving on. .]

Thanks once again Mincemeat.for your swift reply.,

No guns a blazin....just one step at a time..if I've learned anything in life in these last couple of years it's that!!......Thanks for the confirmation I will CCA 'all and sundry'...and send a letter to Mercers, they have very obviously been agreeing to the repayments for the last couple of years!!

I have read a lot of posts, hence I now feel able to take the DCA s to task.....(nothing beats that feeling of empowerment)!!

With the support of everyone on this site, not so sure the thud of the expected 'nastygrams' will disturb me quite so much this time around.!!

 

kind regards

moving on..

[moving on. .]

This morning I have received a reply from Moorcroft whom I sent a CCA to regards a Next Directory account. They confirm that 'on this occasion we are unable to provide a copy of the signed credit agreement requested' Account now closed and returned to client. Shall I now send a CCA to Next or just sit and await their response and assume (don't want to be an ass!).. there isn't going to be an agreement!!!?

regards

moving on..

[rory32]

No need to send Next a new CCA request. I would just point out to them that you sent a CCA request to Moorcroft on x date as Next's agent. You understand that under s175 of The Consumer Credit Act 1974 this request should have been passed onto Next. The clock is still ticking from the date of your original request and the obligation to provide a copy of the agreement lies with Next.

[moving on. .]

Many Thanks for your rapid reply Rory32, sorry I have not been able to Thank you sooner...partly as 4 teenagers on half term on pc = no time on pc for me..!!

Just another quick question...I sent A SAR to Cap. one (and then began the process of reclaiming charges from them) ...before I understood about CCA requests. Cap one have passed the debt to NCO. I have just sent a CCA to NCO, but in the meantime this morning Cap one have written to refund the difference in charges between £20.00 and £12.00, this they have informed me they have refunded to my account. I have also SAR Littlewoods Barclaycard, and this morning they sent statements but only back until 2004...the rest they will send within 6 weeks.. they say'...the Data Protection regulator, the Information Commissioner has been made aware of the position and knows that we are writing to you with these terms..'... I want to take one step at a time but in the right direction!! should I accept the refund from Cap one as part payment and pursue the rest? As it is my money can I insist they pay me directly and not just refund to disputed accounts.?

Thanks in advance..

moving on..

[meg&mog]

hi

 

just subscribing

 

good luck moving on......

[rory32]

As it is my money can I insist they pay me directly and not just refund to disputed accounts.?

 

You have to very careful with this. You must decide whether you acknowledge the debt and want to reclaim the charges or don't acknowledge the debt (in which case you can not reclaim the charges).

If you want to reclaim the charges, then yes take the offer as part payment and go for the £12 charges as well. I take the view that the money is yours to do so as you wish so you are perfectly within your rights to ask for a cheque. However, other people sometimes take a different view. If you want to reclaim the charges please ensure you also ask for interest, after all they have charged you interest on them.

[moving on. .]

Rory 32,

 

Many Thanks for the concise reply..helping me to see more clearly!..I am in the process of reclaiming back charges from HSBC, the charges amount to more than I owe them, so will stick with that and Carry on with the DCAs and CCA's and see what transpires!!

 

kind regards

moving on...

[moving on. .]

morning...

 

Just a quick question Cap one have refunded difference between £20.00 and £12.00 to my acccount. This morning Barclaycard wrote with the exact same but have said that if my account is closed to send them bank details to refund me directly. As all these accounts are passed to DCA I assume they are classed as 'closed' with the original lender. I called Cap one and asked if they would refund the amount to my bank account they refused as I still have an outstanding balance!! confused?..Is there anything I can put in writing to request my money back!...just that every penny counts!!!

regards

moving on

( still no response from CCA requests sent...tick tock....

[rory32]

You are aware that Cap One should be refunding you the full £20 aren't you? Not the difference between £20 and £12.

[moving on. .]

Rory, Thanks for your reply. Yes I am going to take it as part payment and pursue the rest...Just wanted to confirm whether they would refund myself or take it off the balance?

 

regards

moving on..

[moving on. .]

Good morning all...

Have just checked with Royal mail and it would appear that 6!! of my CCA request letters have not been delivered i.e Royal mail have no signature confirming receipt.!! (some are p.o. box nos. which I am sure doesn't help.) Does this mean that the clock stops ticking and I should resend the letters?, seems special delivery is an option but that costs!!By my reckoning the twelve days would be up Wed/Thurs this week that is allowing for 2 days to deliver ,they were sent 30th May and a couple sent on 31st May...?

regards

Jane

[rory32]

Have just checked with Royal mail and it would appear that 6!! of my CCA request letters have not been delivered i.e Royal mail have no signature confirming receipt.!!

Was it the RM website you checked or have you phoned them to check receipt?

[moving on. .]

Hi Rory32,

Thanks for your reply. I first checked on-line yesterday and status was 'come back later' and then I called Royal mail this a.m....They said they were very sorry and post would be returned to sender by 18th ,but first I would have to put in a claim for lost items..confusing!!lol..I said I was very disappointed to have six letters not delivered..How can they explain that...He said ' perhaps the bag they were in was lost or damaged'...does not inspire much confidence now does it???!..So what to do now?

jane.

[rory32]

I think all you can do is resend the letters unfortunately. If you can afford it send them special delivery (costs around £4.30 a time).

[moving on. .]

Thanks

Mm ,annoying to say the least...

just a thought..possibly the DCA are realising what some RD items may contain and are ignoring them!! P.O. boxes making it easier to ignore I presume..!!! Still, Moorcroft have signed on the 1st June, and so far I have heard nothing that clock is still ticking for Argos and Littlewoods Extra...

Rory32, thanks for your continued support.... It's very much appreciated....

jane.

[Hopeful1]

Hi Moving on.

 

RM told me 2 of my registered post letters hadn't been delivered, so i resent my CCAs. 2 days letter 1 of the DCAs sent me a statement which showed 1.00 had been deducted from my account 2 days after my original requests were sent out

 

Anyway, i posted this in case there's anyway you can access your account info. before you pay for special delivery. It's an expensive game isn't it? Hopefully it will be worth it though .

 

By the way, the new 12 day expiry dates are up this Thurs. - time to start intensive post watching.

[moving on. .]

Good morning Hopeful1,

 

I was also wondering about RD, I did have a similar experience with a company that I asked for some info from, letter was sent by RD, this letter to was not signed for, but the company did respond to the letters content 2 weeks later!!..I will re-send the 6 letters by SD, just waiting for mon. for confirmation that RM have not been able to deliver..just wonder if it is possible to ask RM to cover the costs for special delivery as some form of compensation for the inconvenience??!!

As far as post watching, today is also 12+2 days for Moorcroft re; Argos and Littlewoods Extra..no word as yet!

I sometimes find myself at my front gate actually willing the postie along the road(I live at the end of a long road)!...makes a change from 3 years ago when I was literally hiding behind the door with ear plugs in so as not to hear the phone!!...if only I knew then what I am beginning to know and understand now..!!

regards

jane.

[moving on. .]

So following on from above above, one of the non - delivered R/d letters must have been delivered, because today I received a CCA from Littlewoods personal loans.....the CCA looking all' present and correct' ( sent within the 12=2 time)......what are RM up to??!!.....

[Hopeful1]

Hello!

 

Are you 100% the agreement is cosher? Don't respond until you are. Can you scan it on here? I had a website address from Babybear. You fill in an online form simply putting in the info from your agreement that it asks for. It will then tell you if it thinks it's unenforceable and why. Forgive me if you already know about this - i don't mean to sound patronising. I've tried the site and it confirmed thoughts i already had:

http://www.financialagreeementsolu...icchecker.aspx

 

As for RM - well i don't know what to say. It seems very wrong that we pay extra for a service which doesn't seem to be all that reliable . I have queried unsigned letters because more often than not there are also postal orders inside. The Post Office just gave me a form to fill in for PO compensation. It's certainly worth asking for compo. I now send the most important stuff by post.

 

I know what you mean about getting excited about the post. The only trouble is i'm not liking most of what i'm getting!!!

 

I'll keep watching this for an update.

 

Take care

[moving on. .]

Hi Hopeful1,

 

To be honest I am as excited about CAG as the post ..I just keep reading and reading and reading!!lol...I was meant to be going out

on an errand but wanted to reply first!!..( I was meant to go over an hour ago!!lol)

Thankyou so much for the very useful info. On this occasion i feel the CCA is legit., but I will double check..( but i do not have a scanner) the agreement was via the Woolwich bank, and has name address, amount, interest, monthly instalment ,APR, signatures and terms of loan on other side..... so me thinks their confident, quick reply, to an unsigned for RD letter says it all!! I have also read that banks are much more likely to produce the CCA request.

 

Sorry to hear things aren't reading too well at the moment but keep hope hopeful1.

kind regards

moving on...

[Hopeful1]

The Post Office just gave me a form to fill in for PO compensation. It's certainly worth asking for compo. I now send the most important stuff by post.

 

I meant to say Special delivery!! What a doughnut. It's cause i've been watching Friends while i'm posting!!

Take care - hope you get your errands done! This site is addictive isn't it?