Newbie, need some help

[an4rew]

I owe about £4k in total to 5 different credit cards. Its been going on about 9 months and alot of phones calls (which i ignore) and letters. A neighbour said there was someone in a flash car round asking about me and a letter managed to make its way to my sisters house in which i have never lived and she is married with a different surname! (that was embarrasing)

 

I've just found out about the CCA letter so i've been busy typing up the letters.

 

Heres who's been chasing

 

Capital One - Lowells

Halifax - iQuor (new name)

Barclaycard - Credit Security Limited

Mint - Fredrickson International Limited

Royal Bank of Scotland - Buchananclark & Wells

 

Along with some tame legal threats from Debt Solicitors coming off these debt agencies.

 

Letters posted, i'll let you know how i get on. Feel a bit lighter now i'm dealing with it.

[lookinforinfo]

Once the replies start coming in let us know what they are saying and we will

help you to put them straight. {I am using "straight" in its widest possible context }.

If the debts themselves are a few years old you shouldn't hear too much from the your CCA requests as the original documents have probably disappeared. If that is the case some of them might try and pass off an

application form as the real deal instead.

with regards to the letter that went to your sisters, was it addressed to you and opened by mistake or was the DCAs name on the outside of the envelope?

[an4rew]

with regards to the letter that went to your sisters, was it addressed to you and opened by mistake or was the DCAs name on the outside of the envelope?

 

Yes it was addressed to me and had that blue colour around the edges as if it was important so she opened it. It said something about someone calling at her house and she was very worried. She called the company up and gave them a good telling off without mentioning she knew me.

[Hopeful1]

Just subscribing. Glad you're feeling better. Taking control does wonderful things for you.

 

Keep us posted

[babybear39]

Hiya an4rew

 

Take a look at my thread re: BCW

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/92533-newbie-please-help-bcw.html

 

It may give you some insight as to the way they do things, although they've treated others on CAG far worse than me.

 

Hopeful1 and I are sharing the same CCA timescales with this lot and they've well exceeded them. Not heard anything since they acknowledged my CCA request on 21st May. I reported them to Trading Standards and Financial Ombudsman Service a few weeks ago.

 

Good luck and best wishes,

 

BB

[an4rew]

hi, thanks for the replies everyone!

 

i'm just a little confused on my next course of action. If they do find the CCA i then send a the S.A.R - (Subject Access Request) about getting the extra charges removed. If they don't find the agreement am i right to say its unenforcable and i do not make any offers?

 

Also would it get passed back to the OC and i make an offer to them instead?

 

thank you.

[clutchingatstraws]

No Enforceable CCA, No Pay

 

Is the usual route

[rory32]

Normally what happens if they can't find a copy of the agreement the debt get's passed back to the OC. If they can't find the agreement then yes the debt is unenforceable. The debt may get passed to another DCA by the OC (even though it is unenforceable) and the fun and games start again. That is why when they can't find a copy of the agreement it is important to push for closure on the account with the OC.

 

If they can find a copy of the agreement and it is enforceable you would then send a SAR and dispute the amount owing. It is important to note though that not all credit agreements are enforceable as they are required to contain all the prescribed terms under the Act.

[an4rew]

got some replies

 

Buchananclark+wells - 'cease all action' placed on my account with immediate effect... they are asking OC to revert back to me within 28days.

 

Credit Security Limited - In the Circumstances we will take no further action and have returned your account for our Clients attenion.

[Curlyben]

I hope you are keeping a score as it's really good for personal moral

[Hopeful1]

Good grief! Talk about a fast response - excellent stuff

[an4rew]

Hi Everyone,

 

Well its been almost a month now since i sent the letters. Only one company (MINT) managed to find the original credit agreement, it looks pretty legit (signature, interest rate, credit limit) and came with about 50 pages of statements.

 

So i now send them a S.A.R - (Subject Access Request), where has the template gone?

 

What do i do with the others now?

 

I'm not really in a position to pay as i have no free cash at the moment, my income is similar to my outgoings. Should i try to push for closure on these accounts as i am not in a position to pay or make a small offer. I have friends and family willing to help.

 

Many thanks.

[rory32]

SAR template is here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html