Chalkitup v DCA's

[Hopeful1]

Just subscribing Chalkitup - tick tock tick tock

[Hopeful1]

I would be inclined to ignore them too. If you're still making payments and have an honourable witness in the form of CCCS to confirm that, i wouldn't worry. I think they are more intersted in trying to obtain personal details from what you've said.

 

Best wishes

[Hopeful1]

The 40 day time limit starts when they receive your request. It is the limit within in which they have to send the required information.

 

I shall leave the experts to comment on the business account

[Hopeful1]

Good grief!! Where do we start? Sorry to hear you have been poorly but glad you are feeling better.

 

Hello All,

 

PriorityOne .... you advised that I should send each a statement of account request .... is this still the best way I should do this? And is there a fee I need to pay them plus template letter anywhere?

 

You can request a statement of account for free - i've sent one line emails to people to ask for one. It's a simple request.

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HFC sent me a default notice in FEB ..... I have sent a CCA request and 12 days will be up this week ..... but they have sent a lovely letter :grin: explaining that the best thing is for me to phone them as they do not have a current phone number for me .... What a great shame I must call immediately and give them my number!!!!:o I think not!

Should I ignore their letter and wait for CCA time limits to run or send a reply to letter (as obviously not calling them) explaining CCA request not been satisfied yet.

 

Be wary of HFC. Many of us have received county court claims despite them not providing CAs. Once the time limits are up, make a formal complaint to them. If / when they carry on demanding payment and making threats report to FOS, TS anyone you can think of. This will help make sure the account is well and truly in dispute. The key is to be pro-active with this lot.

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Nat West overdrafts ..... No reply whatsoever to my letters that I sent them after only receiving six years statements in reply to S.A.R - (Subject Access Request)'s on both accounts. Told them they need to supply a lot more info and heard nothing .... my letters sent to them last August ...... I am still paying them via CCCS DMP ...... Thay ARE adding interest to both accounts ..... more than I am paying them each month :o .... is that allowed as they have not complied with their responsibilities under the Data Protection Act so these accounts are in dispute?

 

I had a similiar issue with my Barclays acc. They refused to accept my monthly payment offer, so i paid it anyway via internet banking. Their interest and charges were far greater each month than the payment. I wrote to them but they refused to stop and kept sending threatening letters. I wrote to FOS stating they were making it impossible for me to pay off debt, said it was causing me lots of distress etc. All of a sudden i received a paying in book, a final outstanding balance with no add ons and I've not had a threatening letter since!! I think the fact i was paying went in my favour.

And in your complaint, include the fact they have not complied with your S.A.R request. I think you could complain to the Information Commission about this.

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Finally CBS Transcom sent a copy of a very old MBNA application form to me in JAN in response to CCA request that 12+30 days expired last September!!!

Briefly it is application from 1994 ... It is a one sided application form with no terms, only my signature, 95% unreadable, no t+c sent, no notice of assignment sent, no statement of account sent etc etc ... so unenforceable ... but it is for an older MBNA card I use to have many years ago and over the years I was promoted to the one that is now in dispute .... should I not receive a CCA showing the latest disputed card details??

However even though I am still paying MBNA via CCCS DMP ... CBS Trancom have already started the nasty letters again demanding I pay them several thousand pounds immediately and then an absurd amount each month (many many many hundreds) ..... should I stop my DMP payment to MBNA as even if they do come up with an agreement would they now need to take it to court to enforce it as it is so far overdue anyway. ..... please advise. Which letter should I now send to CBS Transcom?

 

If MBNA have not provided you with a CCA then Transcom have no right to demand payment. I'll look for a letter for you.

Again, a complaint to Trading Standards would be appropriate, but they like you to have used the companies' complaints procedure first.

Whether you cease payments or not is your call. You are entitled to if they do not have a true copy of the executed agreement. Alternatively you can use this to negotiate payments that suit you.

Were there any charges on the account? Would they reduce the balance significantly?

 

Thank you in advance and look forward to speaking with old friends again.

 

Onwards and Upwards

 

Chalkitup

 

Hope this helps for starters.

Best wishes

[Hopeful1]

Just found this post by Saintly1 re DCA collecting without a CCA:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/136114-dispute-letter.html#post1440570

 

Adapt to suit

[Hopeful1]

Hi Chalkitup.

 

No matter how small charges are it is worth reclaiming it is always worth reclaiming - the less of my money these horrible people have the better!! Obviously it doesn't need to be a priority.

 

As far as i am aware the rules for a overdraft account are slightly different in that there doesn't need to be a formal agreement as such. The bank should have sent a letter detailing the account though. Later i will look for a post by Rory as he has explained this many times!! There may be a sticky somewhere too. I'm not sure whether being a business acc.would make any difference.

 

Each time these people fail in their legal obligations make a complaint to cover your back. Make sure you follow each companies complaints procedure. Agencies such as TS won't act until such procedures have been exhausted.

 

Good luck

[Hopeful1]

CIU - that is fantastic! You send like a bit of a techno wiz - recording one call and playing back another?? Woo! I wish i was that good.

 

This really is unfolding into something fab

[Hopeful1]

Have you done a S.A.R on the account? It would be interesting to see if they still hold that letter or if there is any reference to it in your file.

 

If not, i would simply make the claim and act dumb (something i'm very good at ) and just see what they come back with.

[Hopeful1]

 

Great minds think alike!!:grin:

 

Chalkitup, i really wouldn't admit to that in public

 

Only joking BO - love ya really

 

Seriously, let us know if you have any luck with the law society.