Lemma v Various DCA's

[lemma1968]

My OH has just had a converstaion with SRJ Debt Recoveries/ He rang to make his monthly payment of £50 but we asked for a settlement figure as a couple of months ago one nice lady made us an offer we were going to accept today of £232. Last minth we tried to accept it but some jobsworth said the offer was now £400 - I should coco.

 

He rang again today to see if we could get that offer as we have still not received the CCA. They will be in breach tomorrow.

 

The girl on the end of the phone said the best they could do was £323 today and we had until 9pm to decide.

 

My OH reminded them about the CCA and they said"

SRJ:"Oh we did not receive that until the 19th July"

OH: No we sent it to you by Special Delivery - you received it and signed for it on the 10th.

SRJ: No the computer says the 19th.

OH: We sent it special delivery, you signed for it on the 10th.

SRJ: Well we have requested it from the client and I cannot send you what we haven't got.

OH: Unless we receive it by tomorrow morning you are in breach

SRJ: In breach - who will be in breach?

OH: your organisation

SRJ: In breach of what?

OH: The Consumer Credit Act - I suggest you speak to legal.

SRJ: Silence

OH: You cannot enforce the agreement until you have come up with the agreement. I think I had better wait until you provide me with the agreement then and not pay you anything tonight at all.

SRJ: Fine then sir....click

 

Obviously we should have paid something by the end of the month. OH says they will ring him seeking payment before the month end.

 

any advice?

[lemma1968]

*bump*

[rory32]

Once they are in default you can withhold any payment until they produce a copy of the agreement. It doesn't matter what their computer says regarding when they received it - how honest do you really think they are?

 

What matters is when Royal Mail say they received had signed for it. You don't have to pay them at the end of the month as they will be in default.

 

If they phone do not answer their security questions (if they speak to you about the debt without asking these they are in breach of the Data Protection Act) and firmly tell them that all communication must be in writing.

[lemma1968]

This is what I have told him. But it takes balls to stick up to these people and at the moment this is the first time that he has actually dealt with it as he has always assumed they were in the right.

 

Thank Goodness for CAG.

[rory32]

From the CCA (section 78(1) being your request for a copy of the agreement)

 

Section 78(6) states:

 

If the creditor under an agreement fails to comply with subsection (1) -

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Not enforcing the agreement means:

 

• They may not demand any payment on the account, nor are you obliged to offer any payment.
  
• They may not add any further interest or charges to the account.
  
• They may not pass the account to any third party.
  
• They may not register any information in respect of the account with any of the credit reference agencies.
  
• They may not issue a default notice related to the account.

[lemma1968]

Told him this. It's actually quite exciting now that something is happening. Got MBNA on the run and now SRJ. Goody Goody!!!!!!!!

[rory32]

Good for you. Bet you're beginning to enjoy it now in an odd sort of way

[lemma1968]

I am....very worrying really. What are you turning me into Rory? You naughty boy!!!

[lemma1968]

Well no CCA's from ANYONE!!!!

 

MBNA: Sent someone else's application form.

Fredrickson: Not a dickie bird not even an acknowledgement.

Amex: Nothing not even an acknowledgement other than conversation on phone last night.

MCS: Acknowledged receipt and asking client for copy agreement.

 

ALL in breach - another 30 days til criminal default.

[lemma1968]

Got the CCA back from MCS on behalf of HSBC.

 

Its a proper typed written agreement with ALL the prescribed terms. It resulted in me and my OH having a humdinger of a row cos the amount he borrowed is substantially more than he let on to me about, AND more worryingly includes Credit Protection INsurance Loan amounting to £7967.:o :o :o :o and that has been broken down properly as well. It is a real HOW TO on what a credit agreement should look like. Its water tight!

 

I have blown my top. My OH swears he told them on the phone he did not want it as it was not worth the paper it was written on but there it is in black and white with my OH's signature and the bank managers in the boxes etc.

 

My head is spinning, I could be sick and I do not know what to do. I have sent off for the S.A.R - subject Access Request and await those details. But now I am sooooo mad and sooooooooooo worried about this I'm not sure what to do next! :sad:

[rory32]

Was the PPI mis-sold e.g. was your OH told it was a requirement of the loan, was he told that he could shop around and buy PPI elsewhere?

[lemma1968]

I gather that he said he did not require it at all - i don't know how it got there but I shall enquire more tonight when the girls have gone to bed and I have calmed myself down cos I'm close to blowing a gasket at the moment.

 

Thanks rory.

[rory32]

Usually PPI is confirmed by just ticking the box. Some banks have been known to tick the box for you (how nice of them ).

[lemma1968]

On this agreement, the whole document has been typed, every goddamn box, and underneath the section dealing with the principal loan is another whole section - typed - dealing with the PPI loan with ALL the prescribed terms. No tick boxes. Very thorough.

 

I did ask my OH "WHY did you sign this if you told them you did not want PPI?" I did not get to the bottom of that but will do later tonight...hopefully. I suspect they did say no PPI no loan but he may be too scared to tell me as I was fairly steaming this afternoon when I found the agreement.

 

If they did do that, then what comeback do we have? I should know this.. but I don't. This balance needs to come down considerably or I am going to throttle someone. With only my income and OH not working I am just not a happy camper!!!

[rory32]

....

[rory32]

If they did do that, then what comeback do we have?

They repay all the PPI that has been paid plus any interest plus in some cases compensation. Plus you can report them as well to the FOS. Making PPi a condition of a loan breaches paragraph 8.6 of the banking code.

[rory32]

Just a thought, I assume the PPI is not covering the repayments even though your OH is not working at the moment? You may then have a case for compensation. I will have to do some further digging.

[payingonlyencouragesthem]

I am engaged in a PPI battle with HFC at the moment and I think I may have a good case for Exemplary Damages against them. They auto filled the box for me even though I said I didn't want it and since I was self employed it was almost useless to me. I have since been "mystery shopping" around their main retailer clients and have had salespeople try to ram it down my throat after asking if it was suitable for me as I was self employed. The credit industry is raking in millions through mis-selling this useless product. Even if you are PAYE you'd have to be off work for about 9 months of a 4 year contract to actually benefit from it.

 

Lemma the bright side of the coin is that if you make an issue out of this you will probably scare them off altogether. I am in two minds as to whether to go for the jugular or just get the debt written off.

[lemma1968]

Thanks to both of you. I hsve slept on it and clamed down...just a bit. I shall be writing to the bank on his behalf and starting the ball rolling. Some compensation is better than no compensation.

 

Is there a draft for this on the bank templates or anyone seen one on some of the marvellous threads on here?

 

Cheers

[lemma1968]

Found a draft for the PPI - i doubt we will get very far. It seems to be a tricky area but in any event, now I want to move back onto SRJ and their failure to provide the CCA.

 

As you know my OH spoke to them the other night and they had NO IDEA what he was going on about with breaches etc.

 

His payment is now due and he does not want them to default him again so he wants to write to them to say he is not payimg anymore until they come up with the CCA. We are hoping this will prompt them to accept a lower offer.

 

Any ideas on its content please?

 

Thanks

[lemma1968]

Not heard from anyone...at all. Scary really.

 

SRJ are in default (not criminal yet) and my OH has not paid them as a result. They are usually on the phone.....immediately the payment has not been made, but we now have complete silence. It's a tad unnerving.

 

I S.A.R'd them yesterday as well.

 

So MBNA - silence - no CCA produced yet but I'm still paying at the mo.

HSBC/MCS - perfect CCA produced. Awaiting S.A.R.

NatWest/fredricksons - silence - nothing - No CCA no S.A.R.

SRJ - silence - No CCA as yet - stopped paying.

 

I know no news is supposed to be good news....but.....

[lemma1968]

I have started a new thread to cover SRJ/Amex so I won't repeat all of that here.

 

But, I'm now a bit worried about Fredrickson cos I have heard absolutely nothing from them in relation to my debt with NATWEST and the CCA request I made to them on the 6th July 2007 that was signed for by D Carter on the 10th July.

 

There has been acknowledgement....nothing.

 

Should I be worried and what should i do?

 

It's a lot of money and I do not want to be ambushed by a Stat Demand or anything.

 

Should I wait until they are in criminal default thenm write to them again?

 

Approx what date will that be cos the 12+2+30 takes me to about the 26th August?

 

Thanks folks.

[rory32]

Should I wait until they are in criminal default thenm write to them again?

 

Yes. It's usually fairly pointless writing to them before they commit the offence.

[lemma1968]

I just knew you were going to say that.

 

My problem is that inactivty scares me, i am way too proactive on anything legal, if its on my desk it needs sorting.

[lemma1968]

Received a letter today from Rachel Claridge - Asst Vice President at MBNA that deals ONLY with my S.A.R request and encloses a list of transactions from August 2001 i.e. exactly 6 years but no statements etc as requested. They have not cashed my cheque either.

 

Notwithstanding my letter of the 21st July which contained the S.A.R and complaint request etc there is absolutely NO mention or inclusion of:

 

complaints procedure

CCA

Apology for sending someone else's Application form and no reassurance re MY details as requested.

 

Nothing at all.

 

Cr*p really.

 

My original CCA request went out on the 9th July and was delivered on the 10th. By my reckoning they have until the 26th August before they are in criminal default.

 

Suggestions everyone as to what my next move should be?

 

I am really hacked off they seem to have completely ignored my letter of the 21st July. :evil: