Allied International Credit

[speedtrip]

hi im new here.

 

AIC have been chasing me for credit and bank debt through lloyds, £18.5k.

 

This has been going for a l> 1 year and a few months ago they made me an offer of £15k which was timebound. I told them I was due some money so have been making notional payments. They have now called it in with a letter saying that they are considering Legal Action (seen it all before) with a new settlement of £12K and are saying best they can do. What do I do now as they want £ by friday.

 

Option 1 - pay the £12k

 

Option 2 - try negotiating further

 

Option 2 - go down the CCA, SARN route with no guarantee of success.

 

They have previously been very hard work but my current contact is quite reasonable but is now saying this their best offer.

[speedtrip]

Do you agree the 18.5K is correct and there are no charges etc to be claimed back from them?

£12K is approx 60% of the debt - you could probably get them down a bit more. DO you have this money to pay them?

[speedtrip]

Yes like 3-4k. And although there is no guarantee of success with the CCA route there is nothing to be lost. Time capped offer? Yeah right. Pull the other one.

[speedtrip]

thanks for your replies,

 

The £18.5K is gross of bank charges, I have written to Lloyds requesting about £3.5k back and am getting close to considering court action.

 

I previously settled Cap 1 (Moorcroft) from £14k to £7K.

 

I could pay the £12k if I desired but am reluctant to do so if there was a better deal to be had and they have made my life misery over the last year. i have banked with Lloyds for over 25 years and first whiff of trouble and they dont want to know.

 

Anyway, I this is how I am thinking of playing it:

 

I will be happy to settle once you provide me with the CCA and S.A.R - (Subject Access Request) (first request). I expect a reaction here and will tell them I have taken legal advice and they suggested this route (to protect me) and have recommended that I also consider asking for a reduced settlement fee in light of my action to Lloyds in respect of the unfair bank charges I am claiming. This would bring the settlement figure down to about £8500. I have already told them £12k is a long way away from what I can afford.

 

Once they start harassing me I will go down the no phone call route. Has anybody been successful in this way yet and what do you think will happen.

 

I presume that by requesting the CCA and S.A.R - (Subject Access Request) I will be able to see in what capacity they are acting and how much they paid for my debt?

[speedtrip]

as requested i have created my own thread, apologies

[rory32]

No need to apologise - it's an easy mistake to make

[lookinforinfo]

Speedtrip-not sure if we are allowed to join in your thread or whether you want to do it all your self...... Anyway Rory started it.

Just a thought. Yes the CCA route may not guarantee success, but it's damn

good value for a £1. If they do have your agreement then it hasn't cost you much, but if they haven't..............................anything you offer them

should be gratefully accepted.

[speedtrip]

appreciate any views so please feel free:

 

The original debt was £18.5k and is now £12K to be settled by friday or else.

 

Today I asked for the first time to see the CCA and paperwork explaining how they had been appointed. They can get the CCA but not in time for friday. They would not able to provide appointment letter as they have spent too much time on my case already.

 

They are saying that if i do not pay by friday they will pursue through the courts the whole £18.5k.

 

I have offered a sum taking into account my bank charges deducted and they are standing their ground.

 

I have explained that the Legal advice I am getting is recommending that I see the CCA and instruction letter from Lloyds before paying any amounts which I find is reassuring but they want it by friday.

 

I have a letter from them stating that the letter is full and final.

 

So what do I do know, do I request the CCA etc and cross my fingers they dont find it and risk having to pay the £18.5K or do I pay the £12K which would clean me out.

 

If I did risk it what is the likely timeframe and outcomes for resolution.

 

Would the records always show they I have not repaid the debt if they did not pursue me?

[ODC]

I would not be making any payment without a CCA.

 

They would need this before taking you to Court

[rory32]

Asking for a copy of the agreement is your legal right. Forget their threat of pursuing you for £18.5K, they know they wouldn't get £18.5K as their is a few K in bank charges. DCA's love lump sum full and finals, I think as long as you persevere you will find that they can do a lot better than £12K.

 

Remember without a copy of the agreement they can not enforce the debt. Once they are in default of providing a copy they can not enforce the debt without producing the agreement.

[speedtrip]

ok, now its getting interesting,

 

I now have a senior negotiator talking to me:

 

he is saying their previous casehandler should have escalated this much sooner and not made offers of £15 and £12K and they would by know have a CCJ against my house.

 

He advised me to pay the £12K or risk facing court action and £18.5K, as this was an opportunity and inferred a great deal.

 

I have made an offer which they have turned down. Should I turn the tables and give them until friday to agree it.

 

As regards the CCA etc he said this would take a long time to process and I already acked the debt by paying amounts previously. They want payment by friday.

 

Im really scared as they are threatening court action for the whole £18.5k which would limit any chance of getting back on track. If they can find the CCA within the timeframe which I could request now the judge could order me to pay £18.5 less bank charges, ie £15k.

 

How long do these things take to get an unsecured debt to court, would I be able to negotiate a plan with the judge as I trying to build a business and it will take time to get a decent income from my sales. I dont want this distracting me over the next year.

 

He gave me the impression that if the CCA cant be located that it could take up to 6 years to resolved and I dont know if I can silly phone calls for that long. I will ask BT to bar phone calls of necessary but 6 years?

 

Any advice?

[renegotiation]

DON'T TALK TO THEM ON THE TELEPHONE. They will say anything and do anything to trick you. Have you actually sent off the CCA and S.A.R - (Subject Access Request) requests? If they phone don't answer or just refuse to answer their security questions.

[ODC]

As regards the CCA etc he said this would take a long time to process and I already acked the debt by paying amounts previously. They want payment by friday.

 

?

Thats their problem not yours. They have 12 working days in which to produce the CCA just the same as everyone else. It the LAW and AIC are not exempt in spite of what they try to tell you. REFUSE POINT BLANK TO SPEAK TO THESE GREEDY SHYSTERS. Demand everything in writing. If you have not CCAed them I suggest you get it in the post tomorrow

[rory32]

he is saying their previous casehandler should have escalated this much sooner and not made offers of £15 and £12K and they would by know have a CCJ against my house.

 

He advised me to pay the £12K or risk facing court action and £18.5K, as this was an opportunity and inferred a great deal.

 

I bet they wish they had previously gone for a CCJ 'cos now they are in the position that they can't get one until they produce an enforceable copy of the agreement.

 

He gave me the impression that if the CCA cant be located that it could take up to 6 years to resolved

Complete b*llocks. If they try and pursue without a copy of the agreement you can throw the book at the for harassment.

 

How long do these things take to get an unsecured debt to court, would I be able to negotiate a plan with the judge

Without a copy of the agreement the judge can not enforce the debt under s127 of the CCA.

 

You are the one in the driving seat. These people are trying to intimidate you and completely misrepresent their position and your legal rights.

 

One more time DO NOT SPEAK TO THEM ON THE PHONE. DO NOT TRUST A WORD THAT THEY SAY TO YOU.

[ODC]

He gave me the impression that if the CCA cant be located that it could take up to 6 years to resolved and I dont know if I can silly phone calls for that long. I will ask BT to bar phone calls of necessary but 6 years?

 

Any advice?

AIC only have 12 working days plus a calendar month to produce the CCA.

 

The six years he is referring to is the length of time a default can stay on your credit file which makes me think they have diddly squat and are trying to prssurise you into a quick payment before you enforce YOUR LEGAL RIGHTS. As long as you have not admitted this debt in writing sit tight and let the law take its course. Its on YOUR side

[speedtrip]

ok, i feel a bit happier now,

 

one more question,

 

This has been going on since the end of 2005 with Lloyds and AIC and I have been corresponding with them to keep them happy in line with advise with CCCS, Motley Fool, Moneysaving Expert. These were the days when I thought the AIC were reasonable people.

 

When you say I have admitted the debt in writing do holding letters saying that I am trying to get the money so that I can agree a repayment plan mean that i am fighting a lost cause. Also I have broken previous plans with Lloyds and paid notional amts to AIC.

 

Do these actions under pressure from Lloyds & AIC constitute an admission of debt.

 

I am particulary worried about some of the early templates as I was a bit naive then.

 

Also today the guy on the phone said by paying money towards the debt was deemed acknowledgement.

 

I am sure that you will say that all this is bollocks and go in all guns blazing but i am recently married with first baby due next year and i want to mitigate any risks and ensure there is no stone left unturned.

 

Appreciate all your help, many thanks

[ODC]

They still need a CCA to enforce payment

[speedtrip]

thanks ODC.

 

you all seem so sure they will not be able to produce the CCA, why is this.

 

And what is your defence in court if they do?, if they produce within timescale and outside timescale?

 

sorry for all the questions.

 

Thanks

[renegotiation]

The facts are that many of them can't produce a CCA. The reasons for this could be many. Lost, thrown in a bin, badly filed etc.. Also, even of the CCAs that are produced many don't comply with legislation and are unenforcable. If the CCA is produced (get it checked out here for validity) you can then reassess your options. They would still be desperate for a reduced final settlement even if they produced the CCA. All a court would do is order you to pay a small amount each month anyway. Probably less than what you were paying in the first place!

[NitrousOxide]

Hi,

The best advice has already been given, but just to reiterate: Please don't phone them.

I have had personal experiences with Allied and they are horrid.

[renegotiation]

**********Never Phone Them. Never Take Their Calls.*********

[speedtrip]

ok ... i think i get the message.

 

Given that I have the cash right now to pay them which is set aside from my business capital I am worried that the judge may assess my means and conclude i have most if not all and tell me to pay id the CCA stands up.

 

would it be better to invest all this as capitial, leaving enough to pay mortgage for next twelve months as techncially it then belongs to my ltd company ... cashflow is king although cheques are starting to come in now

 

if i can delay paying this for another year I am sure I will be in a position then to clear the whole account, if necessary

 

it was a condition on the mortgage to repay the unsecured debt but i suppose I am only applying my legal rights.

 

after all there are people far worse off

[renegotiation]

If the CCA stands up you will still have an opportunity to sort out a reduced settlement before it gets to a judge. CCA standing up doesn't automatically = court. Furthermore, if you weren't in a postion to manage a reduced settlement you could write to them and tell them that they should take what you can afford. Also, advise them that if they took you to court that they would probably end up with a smaller monthly payment. Tell them that the judge would want to know why they were taking you to court when you had made an affordable offer of payment. I think they would get the message.

[speedtrip]

Thanks R, they are expecting me to capitulate so instead they will get a nice letter instead.

 

I will contact BT and get them to block their known numbers.

 

Can I do the same with Orange Mobile.

 

Also they mainly come through as private numbers but dont think I can block these as some may be customers.

[renegotiation]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

Send them this letter. If they ring tell them you have sent this letter and put the phone down. If you don't answer security questions they can't talk to you about the account.