Urgent help needed please!

[mazel01]

As for the charges, I would itemise these in your letter back to them... asking for their confirmation that these will be removed, together with confirmation of the true balance outstanding once this has been done. Send by rec. delivery.

 

Is there a standard letter that I can use for writing to them Priority One?

[PriorityOne]

Not to my knowledge Maz.... although as it's about a refund of charges, you can probably adapt one in the Bank Templates forum for your needs. Alternatively, if you want to draft one up and post it on here, one of us will check it for you.

 

[mazel01]

Just a thought, what percentage would I start off with if I was able to offer them a full & final settlement?

[mazel01]

Not to my knowledge Maz.... although as it's about a refund of charges, you can probably adapt one in the Bank Templates forum for your needs. Alternatively, if you want to draft one up and post it on here, one of us will check it for you.

 

 

Hi, I am absolutely hopeless at putting letters together, is it possible someone could help me on this please.

 

Thank you so much

[mazel01]

Please could someone help me on this letter please

[mazel01]

Please could someone help me on this letter....thanks

[PriorityOne]

Hi Maz...

 

If no-one has responded by the week-end, I'll draft one up for you.... am really pushed for time during the week.

[mazel01]

Thanks PriorityOne

[PriorityOne]

Here you go Maz.... deduct the charges to get the true outstanding balance and fill in the blanks. Send by rec. delivery.

 

 

Dear xxxxx

 

Re: Account No xxxxx

 

Thank you for your letter of xx/xx/xx, together with the Consumer Credit Agreement and Statement of Account.

 

I have noticed however, that a substantial number of fees and/or charges have been been applied to this account amounting to £xxx. As these amounts are contrary to consumer regulations and have no basis in law, I have therefore deducted them from the balance that you allege to be outstanding; leaving a total of only £xxx still to be paid.

 

I would like to confirm that regular instalments of £xx per month will be maintained on this account against the true outstanding balance of £xxx, but that nothing will be paid in respect of unlawful fees and/or charges added by yourselves.

 

Should you have any problems with this arrangement, I would be grateful for a full breakdown and explanation of precisely how/why each fee and/or charge has been applied and how they reflect any costs you have incurred.

 

I look forward to your confirmation in due course.

Yours faithfully,

[mazel01]

I have spoken to DLC, they are not interested in accepting any instalments from me & are going to secure the debt on my property (charging order). I offered to pay £50 a month instead of £100 which was my original instalment. They refused and said that I have to pay the full amount or they will secure the debt on my home.

After asking me a load of questions relating to my circumstances etc, he said that he would accept 10% of the oustanding balance now & the balance within 14 days. I told him that I am unable to do that, he said well we will secure the debt then......

 

I need help on this please.....

[mazel01]

Forgot to mention, the guy just kept going on about my property & its current value, then he said well I am just looking at other properties in the area and to me you have a lot of equity in your property.....I said why do you keep going on about my property.....well we are looking at a charging order. We are not interested in instalments, why should we be?

[rory32]

Do DLC own the account or are they acting on behalf of Blackhorse?

 

Did you send the SAR for a full breakdown of PPI and charges?

They refused and said that I have to pay the full amount or they will secure the debt on my home.

This is complete rubbish. Try not to worry about it.

[mazel01]

Do DLC own the account or are they acting on behalf of Blackhorse

 

I asked the guy on the phone, he said they now own the debt

 

Did you send the S.A.R - (Subject Access Request) for a full breakdown of PPI and charges?

 

No, I only sent a CCA.

 

The guy seemed to think that he new everything & no matter what I said he just kept referring to the charging order. At the end of the conversation he said all I can offer you is the 10% now & balance within 14 days.....

 

I was so annoyed with the attitude...

[rory32]

I asked the guy on the phone, he said they now own the debt

 

Well he would say that. It doesn't make it so though.

No, I only sent a CCA.

Okay. Get that SAR off to Blackhorse. I would use the one here

 

When you made the offer of £50 per month did you enclose payment with the offer?

[rory32]

The guy seemed to think that he new everything & no matter what I said he just kept referring to the charging order. At the end of the conversation he said all I can offer you is the 10% now & balance within 14 days.....

 

I was so annoyed with the attitude...

Stop spealing to them on the phone. They will tell you any old rubbish that they wouldn't put in writing. I bet he would have quickly shut up if you'd told him you were recording the telephone call.

[mazel01]

Okay. Get that S.A.R - (Subject Access Request) off to Blackhorse. I would use the one here

 

Do I need to send DLC a copy?

 

When you made the offer of £50 per month did you enclose payment with the offer?

 

No I didn't.

 

Do I need to ring DLC back & tell them that I am sending a SAR to Blackhorse, its just that the guy said I need to phone back today making the 10% payment or they will issue the papers

[mazel01]

I am very worried as he asked me a load of questions regarding mine/wifes income, mortgage oustanding, other debts, wifes occupation etc....

[rory32]

Do I need to send DLC a copy?

 

No. Just send them the following

ACCOUNT NUMBER: XXXXXXX

Dear Sirs

Re: Account in dispute

I am writing to clarify that I am currently in the process of requesting a refund of charges and PPI unlawfully made to my account.

I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

 

I would also like to make you aware of The Office of Fair Trading Code of Guidance in which it states: putting pressure on debtors or third parties is considered to be oppressive This includes ignoring disputes about whether money is owed and refusing to freeze action if the debt is in dispute.

 

If you continue to threaten legal action and or make any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Protection from Harassment Act 1997 and the Data Protection Act 1998.

I therefore hope to receive your full co-operation in this matter and would like to request a written response to that effect.

 

 

Furthermore, I have previously made you an offer of £50 per month towards this account in line with my ability to pay. This was submitted in a genuine attempt to honour my commitment to you. I will reiterate that offer and enclose a cheque for this amount.

 

While this offer may not be entirely acceptable to you I would point out that I reserve the right to produce my proposal for the attention of the court and to make an application for a reduction of my previous offer to you as well as a counterclaim for unlawful charges and missold PPI.

 

Yours sincerely,

[rory32]

Do I need to ring DLC back & tell them that I am sending a S.A.R - (Subject Access Request) to Blackhorse, its just that the guy said I need to phone back today making the 10% payment or they will issue the papers

DO NOT SPEAK TO THEM ON THE PHONE. You do not need to make a payment of 10%, you need to make a payment in line with your ability to pay which is £50.

 

To get a charging order they would first need to get a CCJ. The CCJ amount would be disputed on the issue of charges and missold PPI, so any CCJ would end up as being for the actual amount owed. Not the amount that they state.

 

You would then apply for a time order. A judge would set how much you should pay by installments, taking into account your other outgoings. Only if you fell behind with the payments set in the time order would they be able to apply for a charging order. Charging orders very rarely result in people having to sell their property.

[rory32]

Just had a thought. Put at the bottom of the letter PLEASE NOTE: ALL FUTURE TELEPHONE CALLS WILL BE RECORDED.

[mazel01]

Thanks again Rory for all your help & support....I will get the letters off asap. So basically they can only get a charging order on my property if I failed to keep up with any agreement I came to with them.

 

The guy seemed to think that they could just automatically apply this charging order on the property to secure the debt...I presume he was just trying to scare me....

[rory32]

So basically they can only get a charging order on my property if I failed to keep up with any agreement I came to with them.

 

If they applied for a CCJ while you were making installments the judge wouldn't be very happy. Even if they obtained the CCJ they would still be a fair way away from a charging order and it would be the court that set your installments on the CCJ not the DCA.

The guy seemed to think that they could just automatically apply this charging order on the property to secure the debt...I presume he was just trying to scare me....

Yes. DCA's would have you believe they can bypass most of the legal process and have a charging order by the weekend. The simple fact is that they can't. They are relying on peoples ingorance of their rights to scare them into borrowing money to pay them. Remember these people work on commission and don't seem to care how they get it.

[mazel01]

O.K Rory, I will get those letters off & keep you informed....

[PriorityOne]

Maz.... the reason they prattle on about charging orders is so that people will worry about losing their homes and pay up. As Rory says, it really is NOT as simple as that at all.

 

Don't ask then if they'll "agree" to this or that amount... just send it !! It will be cashed. Also, don't be fooled into thinking they're entitled to know the brand and colour of your toilet roll... because they're not. Your/your partner's finances are absolutely none of their business.

 

If they 'phone you any more, just say "in writing only please" or whatever else may spring to mind and HANG UP !! Do not even give them a chance to respond to you !! These muppets read from a script and part of their training involves very cheap kinds of psychological intimidation.... that's all.

[rory32]

Something that I think you should read mazel regarding these telephone calls http://www.consumeractiongroup.co.uk/forum/consumer-protection-unfair-trading/147892-complaint-about-telephone-harassment.html