needing advice

[jimmyjammer]

hi guys, i'm after some more advice. since finding this site regarding my own query, my wife has asked if i could find out some more regarding her situation. anyway here are the queries and basically we just want to know were we stand and what we are legally entitled to do. i should add that she does accept that the debt is hers and she has been paying monthly payments to the debt collectors.

 

the first one is with robinson, way & co. on letters she gets from them it says ...........due to:- robinson way (ex hfc bank). does this mean they are collecting the debt for hfc?

she currently pays £10 p/m using giro slips, with £660 still outstanding.

 

the other is with buchanan clark + wells. on letters she gets from them it says.............pursuers:- aktiv kapital asset. does this mean they are collecting the debt for aktiv kapital?

she currently pays £40 p/m by d/d, with £1200 outstanding.

 

in reference to both queries.............are we entitled to send robinson way, and bcw letters requesting the original credit agreements? if yes, what happens if they cannot produce them?

 

we automatically entered into agreeing monthly repayments back to these debt collectors as tbh we were scared as to what would happen if we didn't. we're not trying to dodge the debts, we're just wanting to make sure we're not paying over the top, or paying if we really dont need to be.

 

i'm sure and confident after all the help i recieved with my query, you guys will come up trumps with some more good advice.

 

thanks.

[Curlyben]

Jimmy, it's time to make sure these "poeple" can leaglly collect on these debts.

 

CCA the lots of them as per previous threads.

First NEVER talk to these "people" on the phone as they will try and get you to agree to anythin.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Excuted Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some inportant deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has commited a summary criminal offence and the matter should be refered to Trading Standards for action.

 

I hope this clarifies some things.

 

Even if they are acting as agents for the original creditor it is perfectly correct to ask them for the agreement.

As agent it is their responsibility to pass to the OC these requests.

The deadlines remain the same wether they are agents or not.

 

Remember once they pass the first deadline of 12+2 with no response you can STOP paying them, LEGALLY.

[diskmandave]

Even if they are acting as agents for the original creditor it is perfectly correct to ask them for the agreement.

As agent it is their responsibility to pass to the OC these requests.

The deadlines remain the same wether they are agents or not.

 

This is covered in Section 175 of the Consumer Credit Act.

 

Good luck, Dave.

[jimmyjammer]

thanks for the quick replies guys, much appreciated.

couple of things i'm not sure of though.

 

i guess the first thing i should be doing is writing up the cca letters to both companies, but do i still use the words:- I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in the letters, even though we have been paying them. also am i correct in thinking we enclose payment of £1 in each letter?

 

once the letters have been sent (asap), what happens if they dont send us the credit agreement? or what happens if they do? how do we know its a true copy?

[diskmandave]

2 things to add to the CCA letter:

 

1) (Top) I do not acknowledge any debt to your company.

2) (Bottom) If you do not charge a fee for this service I expect the payment to be returned.

 

Include payment of a pound for each one, best use a P/order and be sure to send by first class signed for or Special Delivery if the luxury is affordable.

 

Don't get ahead of yourself as to what may come back! Best deal with that when it happens...

 

Regards, Dave.

[jimmyjammer]

sorry guys, one more thing................who do i make the postal orders out to when i send the cca's?

[Curlyben]

Make them payable to the DCA

[jimmyjammer]

thanks for the speedy reply curly.

i'm off to send them special delivery now.

[jimmyjammer]

right guys i've just checked and both the cca's have been delivered to both companies (sent special). basically i just want to know what i should be doing now? what should i be expecting?

 

sorry for more questions but i've never done this before, and really dont know what i'm doing i suppose.

[Curlyben]

WAIT and see if anything arrives.

Now what they should send is the Signed Excuted Credit Agreement and a statement of account.

 

What they will probably send is an unenforceable application form.

 

Just wait and see and give us a shout for help

[jimmyjammer]

wow your quick, much appreciated.

am i correct in thinking i should receive something back before the 13/08/07, thats me allowing 12 working days including today?

if i'm wrong with my dates please advise.

 

thanks.

[gypsumsif]

it got delivered today, so the twelve days starts tomorrow, if nothing shows up within that time, you can stop paying.

after a futher 30 days they have commited an ofence by not complying with your request to supply.

i know its hard to sit back and do nothing, but this is all you can do. maybe buy a nice ring binder/stapler and things.

[jimmyjammer]

just thought of another question................my wife currently pays one of the dca's by d/d, after reading some other posts on here i'm just wondering if she should put a stop on that d/d now that we have sent them a cca request? should we stop the d/d now or wait for the 12 days to expire? are we legally allowed to stop paying them?

[diskmandave]

Question J J...

 

Is this for a loan or credit card account?

[jimmyjammer]

she says she cant quite remember but says it must be either the store card that b&q or comet offer.

[diskmandave]

should we stop the d/d now or wait for the 12 days to expire? are we legally allowed to stop paying them?

Here's the relevant section of the CC Act.

 

78(6) 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.

 

The Consumer Credit Act 1974;

http://www.crw.gov.uk/resources/consumercreditact1974.pdf

 

Regards, Dave.

[jimmyjammer]

i'm sorry for coming across as thick but could you possibly put that in "newbie's terms:confused: "............i had a look at the link you provided but tbh its gobbledy gook to me.

[diskmandave]

No worries, this can be a bit daunting at the best of times!!

 

Here's the bottom line in laymans terms...

 

Now that you've sent the CCA request, and when 12 working days from the day after delivery of the CCA request have expired, a default situation occurs. When the CCA request is in default the owner of the account has no legal entitlement to enforce it, even in Court. After a calendar month in default a sumary Criminal Offence has been committed which is reportable to Trading Standards..

 

After 12 working days, the part of the Act that is pertinent is as follows...

78(6) 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.

 

Hope that clarifies?

 

Best wishes, Dave.

[jimmyjammer]

thankyou so much for clearing things up DMD........we will be stopping the d/d on wednesday 15th august, and no other payments will be made to either of the dca's..............thats unless they do come up with the cca's.

 

thanks again, very much appreciated.

[jimmyjammer]

my wife received a letter back from bcw today, i cant scan so i'll just copy its contents. here it is.

 

dear blah blah,

 

i write with regard to your recent communication concerning the above account.

 

i would advise that we do not hold copy credit agreements at this office, as we are not the creditor. under the circumstances your postal order for £1.00, number ******** is returned herewith.

 

however i would advise that i have placed these accounts on hold and have asked our client to forward the documents to you directly.

 

please do not hesitate to contact us on 0871******* should you require any further assistance. you can also e-mail on ****@****.com

 

yours sincerely,

d*** s**** (signed).

 

i have blocked out the phone number, e-mail and signature name as i'm not sure if allowed to be included in the forum.

 

what happens next? they have admitted they dont have the agreement, does that mean i can stop paying them legally as they cant enforce the debt? they say thay have asked the original creditor to send me the agreement directly, where do i go from here?

[Curlyben]

All good AND the clock is still ticking

 

Now if the first deadline of 12+2 working days has passed you can happily stop paying them untill such time as they comply with your CCA request.

 

So it's the normal advice, WAIT and see what happens next.

[jimmyjammer]

could someone please advise if i have my dates correct, i was planning on stopping payments on the 15th aug.........the dca's received the cca requests on 27th july. am i correct on the 15th, or should it be 17th/18th?

[Curlyben]

Yep 15th Aug looks good to me.

[jimmyjammer]

thanks again Cb.

 

as usual i'll keep posting any updates..........need to, need all the advice.

[Curlyben]

Not a problem Jimmy.

We're only to glad to help.