Allied International Credit

[steven4064]

Posts moved to new thread (http://www.consumeractiongroup.co.uk/forum/legal-issues/145462-has-application-form-ever.html) as requested.

[stefano82]

Hi All

 

First time writer long time reader!

 

I am currently being pursued by good old Allied International for a debt with Natwest as I have been signed off work sick due to stress conjured up by the relentless badgering from debt collectors.

I have made them nominal offers (as much as i can afford) in-line with other debts I owe. But they have either ignored my offers or in the last case when I spoke on phone to them, not recieved the offers?? (sounds suspicious).

I have now been presented with 'Settlement Offer' letter in which I have till May 30th to call them and I'm guessing make them a (as they call it) "generously reduced" offer. How on earth am I suppost to make them an offer for the balance when I can bearly offer them £10 a month??

 

Does anyone know how I can go about handling this because I am getting quite sick and tired of saying the same things over and over again to these people.

 

Many thanks in advance

 

Steve:)

[ODC]

Steve Firstly NEVER SPEAK TO THESE PEOPLE ON THE PHONE

 

Secondly you need to send off CCA letters to all your creditors to see who actually had a legal right to be chasing you for these alleged debts

 

 

You would be better starting your own thread and then any advice you get will not get mixed up with the owner of this thread

[stefano82]

Thank you

one question though . . . .

 

How do I start my own thread??

[speedtrip]

hi, sorry to hear that AIC are hounding you.

 

If you were a mind to then you could check that there is a valid CCA in place to check they have a legal right to collect it.

 

Even if they were foolish enough to take you to court you can only pay what you can afford to pay. A judge would take your finances and your situation into account

 

What AIC are trying to do is cut a deal as they do this all the time and they wont give up easily.

 

If you go down the CCA route you will find if stressful i am afraid but if this is an old agreement there is a fair chance they might not have a copy and until they find it they will not be able to enforce through the courts.

 

Remember there are plenty of people on this forum to help and it will make you stronger and wiser as well.

 

Just remember that most of the time the DCA will tell you anything to get some money out of you as that is their job and until we challenge their right to collect the debt and to harrass us it will continue.

 

At the end of the day it is your decision but it will not be easy and you may actually find that you could reduce your debts by gaining a lot of knowledge from this forum and take back control of the situation.

 

You will find that AIC settlement figures change all the time. I negotiated down to 60% eventually and when I mentioned a CCA they said they had made a mistake with their figures and it would go up if I didnt pay by end of month.

 

They are liars and have not once replied to any of my letters.

 

Good luck.

[stefano82]

Thank you for your advice I have looked into cca letters just and this is what ive came up with :-

 

Dear Mr Lavery

 

 

Re: − Case No:

Client Ref No:

With reference to the above agreement, we would be grateful if you would send me a copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of my credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

Yours faithfully

 

 

 

Steven

Is that ok?

[steven4064]

Thats OK

 

under the same sections you are also entitled to

...a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,--

(a) the total sum paid under the agreement by the debtor;

(b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

© the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

You could ask for that too

[stefano82]

Thats great thanks

 

So if I send that off and they dont respond within the alloted timescale they are in default with me? or have I just read it wrong? lol

[speedtrip]

this is what I send for my current and credit card accounts.

 

when they start harrassing you you come back to the forum and we will give you a harrassment letter

 

BTW get a big folder to put it in and record any phone calls you received in a log showing date, time, name of caller and do not speak to them

 

speedtrip

 

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

RE: WCE WILLMOTT, CLIENT REFS *************

With reference to the above accounts, I request that you send me a true copy of the credit agreements before I will correspond further on this matter.

 

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

 

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

 

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

 

 

1. True copy of original credit agreement

2. Statement of account

3. Copy of the executed deed of assignment from (Original Creditor) and (DCA)

4. A Fair Processing Notice.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.

I look forward to hearing from you within the statutory time limit.

[speedtrip]

mods could you move the relevant posts to a new thread for stefan to give him a helping hand,

 

thanks

[citizenB]

Thank you

one question though . . . .

 

How do I start my own thread??

 

Hi stefano, click on this link it will take you to the main Debt Collection Industry Forum. If you then scroll all the way down to the bottom you will see a button. "new thread" click on that and a new page will open up, you just give your thread a title.. "Stefano agains the world" or whatever .. type in your question and hit submit.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/

[speedtrip]

now received a letter from court in connection with o/d on current a/c

 

the court has ordered that claim be allocated to fastrack which is not what i wanted.

 

has also instructed claimant (bank) to provide me and the court with copies of credit agreement, default, termination notices, statement of account, details of charges, or file a statement explaining why they cannot comply ... deadline is about 2 weeks away.

 

if they do not comply i have the option of applying to strike out

 

lets see what happens:shock:

[speedtrip]

deadline falls due next week and nothing received this week.

 

wonder what they are thinking right now:?

[citizenB]

Probably praying for divine intervention

[speedtrip]

Nothing yet and almost at deadline.

 

Also nothing at court.

 

If they do no comply what is likely outcome and what advice do you have for me.

 

What should I do next?

[speedtrip]

Nothing yet and almost at deadline.

 

Also nothing at court.

 

If they do no comply what is likely outcome and what advice do you have for me.

 

What should I do next?

[speedtrip]

bump

[car2403]

Nothing yet and almost at deadline.

 

Also nothing at court.

 

If they do no comply what is likely outcome and what advice do you have for me.

 

What should I do next?

 

The answer seems to lie in your post, above, here;

 

now received a letter from court in connection with o/d on current a/c

 

the court has ordered that claim be allocated to fastrack which is not what i wanted.

 

has also instructed claimant (bank) to provide me and the court with copies of credit agreement, default, termination notices, statement of account, details of charges, or file a statement explaining why they cannot comply ... deadline is about 2 weeks away.

 

if they do not comply i have the option of applying to strike out

 

lets see what happens:shock:

 

Is this waht you mean?

[speedtrip]

thanks car ....

 

just wanted to check my understanding

 

... once the deadline has passed how would i go about taking this foward ...

 

would i just write a polite letter to the court requesting this and do you know of a template i can use

 

also once it is struck out ...is it just this claim and could they raise another in future

[car2403]

There's a couple of ways to do it - sorry, don't have time to elaborate now, but can you post again when the deadline has passed and I'll pop back in to help out. (When I have more time )

 

The strike out generally means they can't bring the claim on the same grounds again - they can request the strike out be struck out(I know! ) so it might not be that easy.

[speedtrip]

thanks car .... you will hear from me very soon

 

have a g8 day

[speedtrip]

ok today was the day and nothing received so what next?

[car2403]

There's 2 ways to do that - the informal and the formal route.

 

The informal route is to send a letter to the Court and ask them to take the action that you want. You can do this by letter, to the Court manager, who should refer the letter/file to a Judge. This would be the way I would approach this first, personally.

 

The formal route is a bit more complicated. That would involve completing a N244 Application Notice (found here; http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_0400.pdf) outlining what you want. There is also a fee for the submission of this form - it's £40 without a hearing and £70 with a hearing. (So, that's an application without a hearing request, then? )

 

As there's a fee for the formal route, I'd suggest going the informal route first - the Judge may turn around and refuse to even consider it until you've submitted the Application Notice and Court fee. If that happens, you can then submit the form and fee, but it may save you the hassle of doing it.

 

Of course, he could also decline the application altogether.

 

Personally, I would write to the Court informally - I would then send a copy of that letter to the other side, as that might spur them on a little. It will also show them that you know what you're doing and aren't prepared to be ignored - once you have their attention, them knowing you know your stuff, (which you do, with our help!) you're more likely to get a result, IMHO.

 

There is another thing you should consider here - making this application, now, could actually delay the final hearing of your claim. Why? Well, it's most likely that the Judge will order a hearing to hear the application, or they may want a directions/allocation hearing, where it will be considered. This will take time, as it will be listed, then heard, then final directions ordered - all this is a delay, as (without the application) it could have happened much more quickly than had you not made the application.

 

Basically, if you don't care about the timescales involved, I would make the application. If you want this dealt with as quickly as possible, don't make the application, but wait for the Court to order standard directions instead.

[speedtrip]

Thanks CAR for your help here.

 

I am not worried about the timescales tbh although it would nice to get rid of it completely and focus on other things although i realise that is unlikely.

 

I guess the informal approach is the way to go if the judge does ask for application to be submitted this could tell delay things from that point.

 

I will compose a suitable letter and post it up here for all to see.

 

Thanks again

[FallenAngel152]

I'd just like to throw my lot in, and remind everyone not to give in to these bullies.

 

I've been fighting a long standing battle with AIC for a few months now - i got some very good help from the National Debtline and Martin Lewis' MoneySavingExpert.com - and it looks like some excellent advice is being handed out here too.

 

 

Thay have so far failed to supply a CCA, and have passed their 30 day mark, so i sent a letter telling them so and will now have pleasure reporting their bullying behaviour to Trading Standards.