Jump to content
style="text-align:center;"> Please note that this topic has not had any new posts for the last 3717 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

we've been struggling with credit card debts for some time & especially since xmas when a planned remortgage/consolidation fell thru. now thanks to mbna selling my account to link financial i found this wonderful site(ironic huh??).

it has already taken quite a weight off, knowing we're not the only ones in the same situation.

we have 5 creditors & the phone calls were almost continuous.

as we stand now mbna have sold the debt (appro 10k) to link. we have s.a.r.'d them & have just received statements. i have used the spreadsheets & they owe us £889 & 174.19 interest @ 8%. i have seen on some other threads where people are also claiming cci @28.02%, any advice appreciated.

we are currently paying £5 a month to cap one (7K), egg(3k) & morgan stanley (2.5k) although this is only a 6 month arrangement & they will no doubt be contacting me soon!!!! we are trying to arrange a debt plan with cccs but would we be better to default on all cards & let they go to dca's??

we also owe barclays £3k but they are contacting us thru mercers who seem to be part of barclays from other threads i have seen.

we have s.a.r.'d egg, ms & barclays & are still waiting for statements.

cap one have offered £239. we initially claimed £695 & £55.60 however after using the spreadsheets i get the figures to £674 & £165.41 interest, can i still reject & claim for the higher figure?

again any advice welcome

Share this post


Link to post
Share on other sites

Yes you can reject their offer. As the money taken from your account was

taken unlawfully [in the eyes of just about everyone except the banks]

then you are right to expect the full 100% to be returned.

 

I notice that you haven't sent any of them a CCA request. Is there a reason

for this?

Share this post


Link to post
Share on other sites

i had't even heard of a cca until the last few days when we found cag. forgive my ignorance, but is it wise to send a cca before claiming the charges back?

Share this post


Link to post
Share on other sites

Really you have to decide whether to claim the charges back or go down the CCA route. You can't do both.

 

As the charges are a small percentage of the debt I would suggest that you send the CCA request. If they supply a conforming copy of the agreement you can then claim the charges back. If they can't supply a copy of the agreement then you can contest the debt in its entirety (although you will not be able to claim back charges as well).


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

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

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.

Share this post


Link to post
Share on other sites
Really you have to decide whether to claim the charges back or go down the CCA route. You can't do both.

 

As the charges are a small percentage of the debt I would suggest that you send the CCA request. If they supply a conforming copy of the agreement you can then claim the charges back. If they can't supply a copy of the agreement then you can contest the debt in its entirety (although you will not be able to claim back charges as well).

 

 

Hello smiffy,

 

 

I completely agree with rory!

 

Send a CCA request, recorded delivery, to the companies that currently own the "alleged" debt.

 

Then just wait and see what they send you! (If anything).

 

They have 12 working days to send you a "true" copy of your executed agreement. If they do not, then they have defaulted, and you may then cease payments! If after a further calender month, they still have not sent you a copy of your agreement, then they have committed an offence. You may then report them to the OFT and Trading Standards, if you so wish!

 

 

Best wishes, Jeff.

Share this post


Link to post
Share on other sites

i read on one thread that it might be better to wait until the debt is sold to a dca & then cca them. is there more likelihood of them not having a copy?

Share this post


Link to post
Share on other sites
i read on one thread that it might be better to wait until the debt is sold to a dca & then cca them. is there more likelihood of them not having a copy?

 

I have been thinking myself that there would likely be less chance of a DCA having a copy of the CCA than the original creditor.

 

One thing to be aware of though - HFC took me directly to court, very quickly, themselves - they did not sell the debt on. I wasn't aware of all this CCA business then, so I never requested one, and still don't know if they do have one for me.

Share this post


Link to post
Share on other sites

In practice it doesn't matter who you CCA-it is normally only the original creditor that holds the original agreement. All the DCA does when sent a CCA request is to ask the OC for a copy-which is why they often say it will take

a month or so to send the documents.

However although I said it doesn't matter which company you send it to, if

there is a DCA involved, always send it to them as it will get them off your back while they wait for the agreement from the original lender.

Share this post


Link to post
Share on other sites

thanks to all of you for your advice. rec'd a standard letter today from link finance:o so will send them a cca request.

i know this may sound stupid :rolleyes: but as link now own the debt & not mbna, could i still claim charges back from mbna or would this compromise the cca requst??

Share this post


Link to post
Share on other sites

If the charges are less than the debt then it is perhaps pointless chasing them

as all that will do is educe the debt. Whereas, if you go the CCA route, it is

generally quicker and slightly cheaper to find out if the debt is enforceable or not.

If it is enforceable then you should reclaim your charges.

Share this post


Link to post
Share on other sites

ok, that looks like the way to go then. can anyone point me in the direction of a cca request letter, i can't seem to find one in the template library?

Share this post


Link to post
Share on other sites

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

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

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.

Share this post


Link to post
Share on other sites

brilliant, thanx again:)

just one other thing, are dca's allowed to charge interest or does it stay at the figure they bought it at?

Share this post


Link to post
Share on other sites

It's not that simple.

If the DCA has not bought the debt they cannot apply charges or interest'

If they have bought the debt, then they can charge the same rates of interest as the original creditor, providing a default or ccj has not already been applied.

If a ccj has been applied, then normally interest should no longer be charged.

However there are certain contracts that specify in their T&C's that they will continue to charge interest even after a ccj and also the creditor can make

an application to the judge at the time of the ccj asking that interest be continued.

Share this post


Link to post
Share on other sites

have had a reply today from link finance dated 12/07/07, which i presume is a standard letter.

it says they have requested a copy of the agreement & most recent t & c from mbna, which may take up to 30 days. they have not made an administration charge & have used the £1 to reduce my debt(whoopy doo!!!) and ends "your account has been put on hold for the next 14 days for you to contact this office with further details as requested above"

they haven't requested any details in the letter??!! what should i do now??

Share this post


Link to post
Share on other sites

what should i do now??

Absolutely nothing. The ball is now in their court.


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

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

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.

Share this post


Link to post
Share on other sites

Out of intrest smiffy66 how similar was your letter recieved to the one I recieved. See 1st image in my thread http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/103104-my-link-story.html#post974824


Ash.

 

If you think I have helped you, please add to my reputation by clicking the star button to the left.

Thankyou.

Share this post


Link to post
Share on other sites
have had a reply today from link finance dated 12/07/07, which i presume is a standard letter.

it says they have requested a copy of the agreement & most recent t & c from mbna, which may take up to 30 days. they have not made an administration charge & have used the £1 to reduce my debt(whoopy doo!!!) and ends "your account has been put on hold for the next 14 days for you to contact this office with further details as requested above"

they haven't requested any details in the letter??!! what should i do now??

 

 

Hi smiffy,

 

 

Yes this is a standard letter that they are now sending out.

 

It is interesting that they say that the account will be placed on hold for 14 days! They have already admitted that it may take up to 30 days to comply with your request, so their timescales are nonsense!

 

No CCA, no enforcement! However, they will almost certainly send another letter after the 14 days are up!

 

 

Best wishes, Jeff.

Share this post


Link to post
Share on other sites

Can I be really thick here and ask a question?:confused:

 

If a credit card company cant provide you with a cca that has been signed by both parties, does that mean you no longer have to pay that debt? and if you dont have to pay it do they default or ccj you or can they not?

 

thanks:-)

Share this post


Link to post
Share on other sites
.

 

No CCA, no enforcement! However, they will almost certainly send another letter after the 14 days are up!

 

 

Best wishes, Jeff.

 

 

Im on my 39th day from 2 days after I sent a CCA request to link (so 41 days from posting).

 

I did not recieve a letter on or around the 14th day but I did recieve a letter on the about the 25th day. Since that i have heard nothing, no letters or phone calls.

 

Keep an eye on my thread smiffy as we are in the same process but im about 4/5 weeks in front of you. Mmy time is nearly up and ill be asking for further help from the forum soon and the advice I hope to get should be useful to any future action you may need to take.

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/103104-my-link-story.html#post974824


Ash.

 

If you think I have helped you, please add to my reputation by clicking the star button to the left.

Thankyou.

Share this post


Link to post
Share on other sites

one way to stop the interest by the DCA is to persue the ccca route.

Contact the ccca for a pack and ref no. You can still try and reduce your payments while claiming your charges back.The main thing is to stop the interest now....

Share this post


Link to post
Share on other sites

I assume you mean the charity cccs sanddancer?

 

Once the creditor/ DCA has defaulted on supplying a copy of the agreement they can not lawfully charge any interest on the account anyway.


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

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

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.

Share this post


Link to post
Share on other sites

Smiffy, they are getting quite cunning by saying that they do not charge to supply the CCA request so are reducing your debt instead.

At times when nothing has been paid off a debt for six years, the debt

becomes unenforceable. So by putting the £1 to reduce the debt could in

certain circumstances, restart the debt for another six years.

I suggest you write back to them and say that if the service is free, then

they should return the £1 to you since it was not intended to reduce the debt-and see what they say.

Share this post


Link to post
Share on other sites
Smiffy, they are getting quite cunning by saying that they do not charge to supply the CCA request so are reducing your debt instead.

At times when nothing has been paid off a debt for six years, the debt

becomes unenforceable. So by putting the £1 to reduce the debt could in

certain circumstances, restart the debt for another six years.

I suggest you write back to them and say that if the service is free, then

they should return the £1 to you since it was not intended to reduce the debt-and see what they say.

 

 

Im letting mine run its time then after the days are up im going to write a letter asking for my £1 back as they could not supply the information.


Ash.

 

If you think I have helped you, please add to my reputation by clicking the star button to the left.

Thankyou.

Share this post


Link to post
Share on other sites

hi ashmk, my letter is exactly the same except for a different illegible signature.

have subscribed to your thread & will keep an eye on how you go.

best of luck.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?




  • Tweets

  • Posts

    • always plead guilty and say yo will attend that way if you cant settle OOC on the day you are there in person to covey your remorse to the judge personally.   it will be more than the £225 quote with victim surcharges etc on top but that does rule out the possibility of still settling on te day by talking to the TfL prosecutor before you go in   there are various threads here that has had that happen.   if you can find them, i'll do it later
    • Along with this is a: tomlin order schedule customer account transactions summary customer account transactions listed between November 2008 and jan 2019 - the last payment being March 2017 then further items on invoice listed between November 2008 and September 2010   2019-04-18_195659.pdf
    • Just an update since I received a letter for a SJPN today... so I am being charged under "...Byelaw 17(1) of the Transport for London Railway Byelaws made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962."   Application is being made for a £225 contribution towards the costs of TfL. Further costs may be incurred if additional documentation is required or if the matter is not resolved by a SJ.   What would peoples recommendation be, pleading guilty with or without going to court? They did put on the cover letter that if I plead guilty then "...you will usually get a 33% reduction...' But obviously it's not guaranteed since they used the word usually.   Lastly is the fine going to be the £225 they've stated in the SJPN plus the fare avoided? Or is this the cost of raising the SJPN.   Thanks      
    • Yes and I think I pointed out that the enforceability of the CCA is dependant on more than the document you posted. On its own, the agreement sites all the correct terms and is compliant with section 77. However, it also has to comply with the agreement(copy) you signed, how can anyone who as not seen that document say one way or the other. I went on to explain how it would be impossible to calculate the terms on the second agreement from the first as the first did not exist. I seem to be constantly repeating myself, and I do not see you doing anything to move this case forward. 
    • Thanks dx, will have a look. Thank you.
  • Our picks

    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
        • Like
      • 0 replies
    • 30 Day Right To Reject - Vehicle Casualty Report. Read more at https://www.consumeractiongroup.co.uk/topic/415585-30-day-right-to-reject-vehicle-casualty-report/
      • 57 replies
×
×
  • Create New...