Chalkitup v DCA's

[citizenB]

CIU, Mercers as you say are the in house collection Agents for Barclaycard and they are a PITA. They issue 48 hour Notices and threat letters for door knockers, default notices full of errors and if they have your telephone number they wont give it up lightly.

 

I would be inclined in the first instance to have a word with CCCS and see what they have to say.

[Chalkitup]

CIU, Mercers as you say are the in house collection Agents for Barclaycard and they are a PITA. They issue 48 hour Notices and threat letters for door knockers, default notices full of errors and if they have your telephone number they wont give it up lightly.

 

I would be inclined in the first instance to have a word with CCCS and see what they have to say.

 

Thanks citizenB,

 

To be honest I have found CCCS great for paying my creditors ..... i.e. When my accounts hit the courts I will have real third party proof of payments and proof I have gone through income / expenditure checks BUT any thing like this Barclaycard problem and CCCS answer is "oh yes they can sell the debt on to a third party and you need to talk to them" ..... any mention of CCA requests and CCCS do not want to be involved.

 

Hence I think my choice of action will have to be a CCA request this week to Barclaycard ... because no contact yet from Mercers.

 

Unless anyone else can advise a different course of action!!

 

Onwards and Upwards

 

Chalkitup

[citizenB]

Mercers are a rather sneaky bunch. They have this horrid habit of sending mail that doesnt give you much time to answer.. ie letter dated 10th - you dont receive it until the 18th but they want you to reply by the 20th.. ie within 10 days. They are desperate to get you on the phone. So do keep envelopes.

 

Yep, I would say a CCA request sent off ASAP would be a start, it would be good if they didnt have a decent compliant copy of your agreement then you have somethint to fight back with. Other than that all you can do is write back and point out.. you arent managing your creditor repayments, and if that is what a reputable agency such as CCCS are saying you can afford then that is all you can afford.. tell them to get over it.

[Chalkitup]

Hello All,

 

Another question ..... need info for a letter I am writing tomorrow .....

Did two S.A.R - (Subject Access Request) last year to Nat West .... personal and Business overdrafts .... six years statements arrived for both ... and that is it ..

 

I have sent lots of letters to them since then but no replies hence writing a formal complaint letter to them tomorrow .... just wanted to know if under any Act / Regulation they should have stopped adding interest and not passed account onto Moorcroft because not complied with S.A.R - (Subject Access Request).

 

Also CCA'd both at same time ...... I know about the CCA overdraft rules but they sent me nothing ... apart from letter telling me overdrafts not CCA covered ...... I realise they should send me a letter when I took o/ds out stating certain things but did not receive copies of those so ... again are they still allowed to add interest and pass accounts on while indispute ...... even though it is a dispute regarding a CCA on an overdraft?

 

Thank you

 

Onwards and Upwards

 

Chalkitup

[citizenB]

CIU, I think the only comeback you have for them not providing you with information in respect of the SAR request is that they are possibly flouting the Money Laundering and Tax laws.

[MAGDA]

Hello All,

 

Another question ..... need info for a letter I am writing tomorrow .....

Did two S.A.R - (Subject Access Request) last year to Nat West .... personal and Business overdrafts .... six years statements arrived for both ... and that is it ..

 

I have sent lots of letters to them since then but no replies hence writing a formal complaint letter to them tomorrow .... just wanted to know if under any Act / Regulation they should have stopped adding interest and not passed account onto Moorcroft because not complied with S.A.R - (Subject Access Request).

 

Also CCA'd both at same time ...... I know about the CCA overdraft rules but they sent me nothing ... apart from letter telling me overdrafts not CCA covered ...... I realise they should send me a letter when I took o/ds out stating certain things but did not receive copies of those so ... again are they still allowed to add interest and pass accounts on while indispute ...... even though it is a dispute regarding a CCA on an overdraft?

 

Thank you

 

Onwards and Upwards

 

Chalkitup

 

Hi Chalkitup, I had a similar problem with a N/west overdraft. I wrote to them, and like you received statements, only in my case about 8 years worth, so a pretty hefty pile. Anyway, I bombarded them with letters basically saying they hadn't provided a letter which would have been issued (or should have been) at the time of inception of the o/d, and I therefore had nothing to confirm that I was aware of the interest rate being charged or my rights to end the agreement, etc. Also there were some unlawful charges and huge amounts of interest over a period of several years. I stated that if they were going to continue to charge interest, then I would not make any further repaymens to the account as it was pointless (didn't even cover the interest). They wrote back, and although they ignored most of the points, they did refund almost £8000 back onto my account and agreed that they could see my point as far as the interest was concerned and would not continue to charge it in future. So I now make fairly small payments each month, and we are all happy.

I think if you annoy them enough, you can sometimes make progress with them.

 

I think if the account is in dispute, then it should really be placed on hold, in which case they shouldn't really be charging interest (in theory anyway) or passing it on to any third party, but in reality, these people are a law unto themselves and don't always act in the way they should. I would point this out to them in writing and dispute the legitimacy of the debt as much as you possibly can, as they then seem to respond in a positive way (hopefully).

 

Also, I agree with you about CCCS. They are a debt management company and nothing more (sponsored by the creditor - which to me is quite a conflict of interests really) and if you need any assistance in fighting back against the creditors, you won't get any - same with National Debtline. The other thing is, even if you make regular repayments through a company such as CCCS, it really doesn't carry much weight in court in reality ( I know this as I assisted someone else with some claims and they were paying religiously through CCCS). The court will decide for or against you, depending on the judge and the defence you have, regardless of any association with the CCCS.

 

Good luck,

 

Magda

Edited September 11, 2008 by MAGDA
added more text

[Chalkitup]

Hello All,

 

Genaral update and question.....

 

I am still in my DMP and paying very small amount each month to approx eight creditors ..... over the last year three other original creditors decided to involve DCA's thinking they will collect more money from me ...... all that meant was that the three original creditors informed my DMP administrators to stop paying them direct because DCA's were now responsible for collecting the payments each month ..... I of course withdrew my permission for the new DCA's to be paid and hit each one with a CCA and proof of assignment etc etc ...... as yet not one has complied properly and although I have been threatened with legal action for a year ... it never occurs.

 

My question is:- Would the original creditors and DCA's have done their homework and realised that .....

I do not own a property ...... I rent.

Although self employed my earnings have practically stopped owing to the present ecomomic climate.

I am on benefits .... I would rather be earning and paying my way .... that is why I still have a DMP going although it is a struggle to find the monthly payment.

I have no assets of any high value that can be seized.

 

What are the chances of a creditor or DCA starting legal action.

 

Onwards and Upwards

 

Chalkitup

[PriorityOne]

No assets; no income = no worries.

 

Even if they did threaten court.... they would be sensible to have a re-think... as they stand to gain nothing from it.

 

This can be pointed out, if necessary...

[Chalkitup]

No assets; no income = no worries.

 

Even if they did threaten court.... they would be sensible to have a re-think... as they stand to gain nothing from it.

 

This can be pointed out, if necessary...

 

Hello PriorityOne,

 

Thank you for that reply ...... it is as I thought but sometimes I just need to clarify a point regarding my own financial problems because I begin to doubt my own thought process.

 

I just wish they would start legal proceedings really then I could get stuck in and sort a few things.

 

This has come about because one creditor has sent a letter to me out of the blue offering a settlement figure of approx 25% (they are wiping over £12.000 off) and they will mark CRA records as partially settled !! Made me think that perhaps they realise they have little chance of getting the full amount in a decent time frame.

 

Onwards and Upwards

 

Chalkitup

[PriorityOne]

Hello PriorityOne,

 

Thank you for that reply ...... it is as I thought but sometimes I just need to clarify a point regarding my own financial problems because I begin to doubt my own thought process.

 

I just wish they would start legal proceedings really then I could get stuck in and sort a few things.

 

This has come about because one creditor has sent a letter to me out of the blue offering a settlement figure of approx 25% (they are wiping over £12.000 off) and they will mark CRA records as partially settled !! Made me think that perhaps they realise they have little chance of getting the full amount in a decent time frame.

 

Onwards and Upwards

 

Chalkitup

 

I doubt they'd wipe out £12K for nothing. Sounds like it's either made up of charges or they have no paperwork.... or a combination of both. Companies normally offer settlements when it's in their interests to get rid of an account... because they figure there's a fat chance of recovering the full (alleged) balance.

 

In which case, they're highly unlikely to take to to court.

[payingonlyencouragesthem]

CIU in your position I'd really be tempted to join the legions who are opting for bankruptcy. I wish I had done this 3 years ago as I'm now getting back on my feet and these blasted DCA's are still buzzing round and they could now do a bit of damage if they got me into court. Due to the nature of my job it's no longer an option for me. Stop paying the CCCS and start saving for bankruptcy fees (£750 I believe).

[MAGDA]

CIU in your position I'd really be tempted to join the legions who are opting for bankruptcy. I wish I had done this 3 years ago as I'm now getting back on my feet and these blasted DCA's are still buzzing round and they could now do a bit of damage if they got me into court. Due to the nature of my job it's no longer an option for me. Stop paying the CCCS and start saving for bankruptcy fees (£750 I believe).

 

sounds like good advice. or you could just cca all of them, as you have been doing, and if they don't have an enforceable agreement or maybe any agreement full stop, then stop paying them. I had a huge amount of debt and I have managed to get rid of a significant amount of it in this way. Quite a number of the creditors have confirmed they don't have the agreement and won't be chasing the debt any more. Everyone has different views on this of course, so just a suggestion.... Magda

[Chalkitup]

Thanks for the replies ....

 

I doubt they'd wipe out £12K for nothing. Sounds like it's either made up of charges or they have no paperwork.... or a combination of both. Companies normally offer settlements when it's in their interests to get rid of an account... because they figure there's a fat chance of recovering the full (alleged) balance.

 

In which case, they're highly unlikely to take to to court.

 

That is again what I was basically thinking ...... I suspect they have done some searching and see I have no property etc and so want to get rid!!! (no charges are included in this particular balance).

 

CIU in your position I'd really be tempted to join the legions who are opting for bankruptcy. I wish I had done this 3 years ago as I'm now getting back on my feet and these blasted DCA's are still buzzing round and they could now do a bit of damage if they got me into court. Due to the nature of my job it's no longer an option for me. Stop paying the CCCS and start saving for bankruptcy fees (£750 I believe).

 

Over Christmas and New Year I was quite ill and had plenty of time to review my options ...... Bankruptcy is the final weapon in my armoury ..... (one reason being that I have purchased a TrueCall recorder and I am getting a nice collection of recorded phone calls to/from the creditors and DCA's that one day will come in handy to bring them to task) ..... strangely enough I decided to go down the route that MAGDA then posted ......

 

sounds like good advice. or you could just cca all of them, as you have been doing, and if they don't have an enforceable agreement or maybe any agreement full stop, then stop paying them. I had a huge amount of debt and I have managed to get rid of a significant amount of it in this way. Quite a number of the creditors have confirmed they don't have the agreement and won't be chasing the debt any more. Everyone has different views on this of course, so just a suggestion.... Magda

 

This seems the first course of action in my position as I have no property etc .... and as PriorityOne has pointed out .... not really in the creditors or DCA's interests to take me to court ..... and if they do they will only get between £1 and £3 a month anyway at present .... and that will change when I inform CCCS of my latest Income & Expenditure figures as after living costs I have nothing left anymore to make payments to creditors!!

 

Thank you for replies and I will update my threads with the latest news when it occurs.

 

Onwards and Upwards

 

Chalkitup

[MAGDA]

Hoping it all goes well for you CIU, you have the upper hand here.

 

Magda

[Chalkitup]

Hello All,

 

Probably the wrong place to put this but........

 

I must stress yet again the following point .......

 

I had to contact CCCS recently about my DMP .... I appreciate they help many people and are a lifeline to many BUT please please do check with others (on CAG probably best) that what you are told by the CCCS staff is the correct way to do things.

 

In my recent telephone conversation the advice I was given was completely wrong and COMPLETLY in favour of a creditor. If it was not for the fact I have been on CAG for so long I would have gone along with their advice and been had over big time.

 

It is not the first time I have been misinformed by CCCS which is a great shame. Having said all that they do a good job with the DMP once it is up and running but the information their employees give out is not always correct.

 

Onwards and Upwards

 

Chalkitup

[citizenB]

I have to agree with you there CIU.

 

If I hadnt discovered CAG, then CCCS would have well and truly dropped me in it with some of the advice they gave.

[car2403]

CCCS is paid for by the creditors, which sometimes clouds their judgment slightly in my experience.

 

They also won't help you query the enforceability of a debt, as they (along with CAB) will tell you that you owe it and should continue paying.

 

If that's the way you want to go, then all fine and well, but knowing your legal obligations to repay is different to knowing your obligations to repay.

 

[Chalkitup]

Hello All,

 

I have started a new thread here ... http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/213449-chalkitup-mbna-loan-equidebt.html#post2345268 showing my on going problems with MBNA (loan) and Equidebt.

 

Onwards and Upwards

 

Chalkitup

[Chalkitup]

Received the following from Moorcroft

 

 

This debt was in my DMP that CCCS recently cancelled. Nat West phoned me once last week and the girl was very rude. Next thing I receive above letter.

I have always had a Post Office box address on this account for years. For some reason Moorcroft are not content with a PO Box address and have contacted a CRA and got my home address (do not misunderstand me here .... I do not worry about DCA's having my home address .... and indeed anyone can phone the Royal Mail and ask for the contact address to any PO Box). My point is should a CRA give out my details to a DCA?

 

Also towards the end of the letter Moorcroft write "if you believe that you are not the person liable for the balance, contact us" .... indicating that even they are not sure they have the correct address and this is after they have given my name, bank and account details plus balance in the letter.

 

So.... should a CRA give my details to a DCA who just asks for my address?

Is it legal for the CRA to do this or have they broken Data Protection rules?

 

Onwards and Upwards

 

Chalkitup

[citizenB]

Hmmm, well if you WERENT the person they were seeking, Moorcroft have given a lot of very personal information out havent they.. to what could be a complete stranger.

 

It might just be worth having a word with the Information Commissioner.

 

Strange that they themselves have a PO box number:D

[Chalkitup]

The RMA Resolve business approach ......

RMA sends debtor letters that must be obeyed but anything debtor sends to RMA will be totally ignored!!

 

The following is one reason why we should not talk to DCA's and creditors on the phone ..... because they talk absolute twaddle ..........

 

(The following call is all recorded as I record all calls to collect as much evidence as possible against DCA's regarding their manner, aggressive behaviour and "untruths" that they tell us.)

 

RMA Resolve called ..... Security questions asked ...

 

Chalkitup .... I point out I do not answer security questions and everything in writing please as I instructed in my letter to them that they signed for a week ago ...........

 

RMA woman replies ..... we will remove your telephone number from our systems ...

 

Blimey I thought ... what an easy result!

 

But RMA woman adds ...... just to advise that we obviously do not send back replies to personal correspondence so matters will need to be discussed at some point so you will need to phone in to discuss it further!!!!!:?

 

(Chalkitup thinks to himself ..... but I sent a letter to you to stop all calls to me and you are removing my phone number but then you expect me to call you to have a chat!!!!!!!):-|

 

RMA woman then adds this little gem ..... "upon receipt of another letter from us that will be issued to you .... you will need to call in to discuss the matter further"!!!!! (I guess she means they will send me another computer generated threatogram:D as she has already told me they do not reply to personal letters.)

 

Chalkitup ..... No I will not be calling you .... legally I do not have to call you.

 

RMA woman then follows up with this nice little remark that I tend to take as a threat ..... Ok fine don't call and you can deal with the consequences after.

 

Chalkitup ....... what consequences are they then? I ask.

 

All too much now for the RMA woman as we have gone way off the threatomatic script she reads from the computer screen in front of her ..... and no surprise she finishes the call with an abrupt Goodbye.

 

Well ... The funny thing is in this case .... Chalkitup is not too worried if RMA do not respond to his personal letter that they signed for last week because it is a CCA request and I can put the account in dispute.

 

Onwards and Upwards

 

Chalkitup

[MAGDA]

It beggars belief doesn't it, absolutely crazy - glad you are recording it all though, the DCAs are in for a shock one of these days:D

 

Magda

[Chalkitup]

More RMA Resolve business tactics ..... received a letter from them dated nine days after they signed for my CCA request sent by recorded delivery. They say "In order to allow us to prepare the information requested we would be grateful if you allow 12 days from the date of this letter".

Well ..... no actually I will not ..... account will be in dispute 12 working days from when you signed for my CCA request!!!. Plus their wording "In order to allow us to prepare the information requested" conjures up images of an RMA worker putting an agreement together quickly!

 

 

On another note..... can someone please answer the following...

 

My RBS and Nat West credit card accounts were terminated by letter in December 2006.

I paid them both through CCCS DMP until earlier this year when CCCS kindly stopped my DMP (I have a thread all about it).

RBS and Natwest sent me separate letters in May this year saying I owe £????? and if not paid in 14 days accounts will be passed to DCA.

On 17/05/10 I sent CCA requests to each by recorded post.

This week from each I have received May 2010 credit card statements.

 

My question is .... The Royal Mail site is showing no signatures for receipt of the CCA requests .... because they are received at bulk mail depot in Southend ....... do I still consider the accounts in dispute after 12 + 2 days ..... hence 07/06/10. If so shall I send in dispute letters to both.

 

Plus between Dec 2006 and May 2010 whilst in CCCS DMP I received nothing whatsoever from RBS or Natwest regarding the credit cards. Should they not have sent me statements at least once a year?

 

Just had another thought as well ..... these two accounts have been treminated (I have the letters from 2006) so surely they should not be sending me credit card statements that state "pay overdue sum now and remainder as below". (The overdue sums they show are the balances minus approx £500 on each account and there is nothing mentioned "below" on either statement.)

 

Thank you

 

Onwards and Upwards

 

Chalkitup

Edited June 6, 2010 by Chalkitup

[Chalkitup]

Hello,

 

Any ideas regarding my questions in the last post please?

 

Plus following on the Amex credit card / RMA Resolve saga .....

 

RMA received my CCA request on 21/05/10

02/06/10 I receive their letter saying ""In order to allow us to prepare the information requested we would be grateful if you allow 12 days from the date of this letter" plus they kept my postal order payment and told me I will receive a response shortly.

The CCA request 12 + 2 days is up on 09/06/10

HOWEVER ...... today 07/06/10 ....... I have received the usual "even if it is not actually read by you" letter from Moorcroft giving me until 11/06/10 to arrange payment for the same AMEX account that they (Moorcroft) have NOW been instructed to collect!!!!!!!!

 

It absolutely beggars belief ....... these banks / DCA's do not give a damn about the law and just do as they please.

 

Well obviously Moorcroft will be getting a letter sent to them, not to mention a complaint to OFT etc.

 

Anyone got any juicy snippets that I can add in the Moorcroft letter?

 

The amazing thing is I have only last week received a letter from Moorcroft regarding another account that I have opened a complaint about ........ near enough the same issue!!!

 

Onwards and Upwards

 

Chalkitup

[Chalkitup]

Hello ...... could someone please just guide me on these few points ..... thanks ......

 

My RBS and Nat West credit card accounts were terminated by letter in December 2006.

I paid them both through CCCS dmp until earlier this year when CCCS kindly stopped my dmp (I have a thread all about it).

RBS and Natwest sent me separate letters in May this year saying I owe £????? and if not paid in 14 days accounts will be passed to DCA.

On 17/05/10 I sent CCA requests to each by recorded post.

Last week from each I have received May 2010 credit card statements.

 

My question is .... The Royal Mail site is showing no signatures for receipt of the CCA requests .... (probably because they are received at bulk mail depot in Southend) ....... do I still consider the accounts in dispute after 12 + 2 days ..... hence 07/06/10. If so shall I send in dispute letters to both.

 

Plus between Dec 2006 and May 2010 whilst in CCCS DMP I received nothing whatsoever from RBS or NatWest regarding the credit cards. Should they not have sent me statements at least once a year?

 

Just had another thought as well ..... these two accounts have been treminated (I have the letters from 2006) so surely they should not be sending me credit card statements that state "pay overdue sum now and remainder as below". (The overdue sums they show are the balances minus approx £500 on each account and there is nothing mentioned "below" on either statement.)

 

Thank you

 

Onwards and Upwards

 

Chalkitup