Query..

[pcdoc]

Firtly Hi all.

 

I have a query regarding our friends GE Capital. I got a car through them on a motor loan and had problems paying the full amount for a few months when I got made redundant last year. Anyway of course they wouldn't accept a reduced payment. I did get to a stage where I could start making teh full payments once again, until the end of june when my jobseekers ran out and our only income is what wife earns, I did write to them but no reply. Now I have received a letter from Asset link Capital saying the usual "GE has assigned the debt to them etc" and demanding payment on full.

 

What has left me bewildered is that GE haven't sent me a default notice or any indication that they were about to do this and I felt sure that I should have at least been informed.

 

If anyone has any ideas I would be grateful.

 

In the mean time I will write a letter to Asset just to let them know I am not ignoring them and will be in touch regarding this matter.

 

From what I have read they don't seem to like accepting reduced payments.

 

Thanks

Pcdoc

[oneofakind]

Hi Pcdoc, welcome to CAG.

first thing to do is send Link a CCA request, so they can prove they are entitled to chase the debt. No prove, no pay!

I've been waiting three weeks now for them to respond to a CCA request on my partner's MBNA account.

 

If nothing else, this will get you a few weeks breathing space.

 

[Curlyben]

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

 

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, Executed 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 committed a summary criminal offence and the matter should be referred to Trading Standards for action.

 

I hope this clarifies some things.

[pcdoc]

Thanks guys for the replies. Although I hate to admit it I used to work for a debt collection agency years ago so I know a few of their tricks and a couple of months ago I setup a way to record any telephone conversations. I also mark any letters I receive with the date received and file them away.

 

I'll use the template you suggest curlyben and send them a cheque for a "quidy" (wifey's word) and i'll let you know.

 

Regards

pcdoc

[rory32]

Personally I never send cheques to DCA's nor do I sign my letters to them. Postal orders are better as you don't have to sign them and they have no bank details on them.

[Curlyben]

I hear what you are saying there rory, as it also stops the "photoshop specials".

 

Admittedly I sign every letter I send over a printed line (#_____*_____#) and cheques are signed over the line and printed name, so no "copying" there