My debt

[mortalwombat]

Hi all great site, started reading a few threads and got me thinking maybe i could get some help.

 

Thing is ive got 3 debts on the go, 1 for a loan through alliance and leicester for £7500 and one for an egg credit card for £1600 and another for phones 4u for about £400, the A+L loan has been passed onto BTMK Solicitors and the egg card passed onto Moorcroft and the phones 4u is still with them, im paying them off at £1 a month is there anything i can do with the debts that has been passed on as ive not signed any agreements or anything??

 

 

 

 

Any help welcome,

 

cheers.

[pt2537]

Hi,

Welcome to the CAG,

 

firstly, the best thing you can do is to sned a request for a copy of your credit agreement. there is a preprepared template which you can send your creditors

 

the letter is here http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html and you need letter N

 

send it of to moorcrap and BTMK along with a 1 pound postal order in each envelope, dont sign the letter infact dont sign anything else that you may write to these people thats one rule you must follow. instead use a digital signature http://www.consumeractiongroup.co.uk/forum/general-debt/110578-digital-signature-guide.html

 

if you do that first thing on monday it gets the ball rolling.

 

i always send important letters via Special Delivery, it the only real guarnteed way of ensuring that you get a signature when they recieve the letter

 

regards

paul

[pt2537]

once you have sent them a CCA request under the Consumer Credit Act 1974 they have 12 working days from reciept of the letter to respond

 

if they fail to comply within the 12 working day time frame then the debt enters into a default situation where they are not legally entitled to enforce the debt while the default continues which means you are not bound to pay them anything

 

if the default continues for a further 30 calendar days they have committed a criminal offence

 

 

now the phones 4 u debt what is that for, is it a mobile phone contract? if it is , as far as im aware it is not covered by the CCA 1974, i may be wrong. however Moorcrap and BTMKs debts are covered so send the letter off and see whatthey come up with

 

regards

paul

[pt2537]

incidently, when the debts were transfered from the original creditors to the DCA/Solicitors did you get a Notice of Assignment? you should have.

 

what is the status of these accounts, have any of them started legal action yet?

 

a little more info would be helpful to enable us to get the full picture as to where you are at. it can be difficult to advise without knowing the full facts

 

 

regards

 

paul

[mortalwombat]

Im not sure what a notice of assignment is mate, all i know is one minute i was paying to a+l and egg then got a letter from both of them saying my debts had been transfered to btmk and moorcroft, as i was struggling to pay them.

 

 

None of them have started legal action no, they have accepted token payments of £1 per month and ive been paying that for nearly 3years now.

[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.

[mortalwombat]

Also is it best to hand write the letters to them not?

 

 

Cheers.

[pt2537]

there you go, good advice from Curlyben.

 

follow that and you wont go wrong

 

the best thing to do is print the letter template out if you can but dont sign it, i use the digital signature in the link i posted above

[mortalwombat]

Cheers paul and ben i will get these letters done today and nip to the post office with them in the morning, get the wheels in motion.

 

Thanks.

[mortalwombat]

The phones 4u debt was for a phone contract i had a few years back yes.

[mortalwombat]

Quick question, do i carry on the token payments whilst im waiting on something to happen as im sending the letters off tomorrow and the token payments are due on the 3rd of each month which would be wednesday.

[Curlyben]

Yes continue payments until they pass the 12WORKING day limit.

[mortalwombat]

Ok this is the letter Moorcroft sent me. attached below.

[mortalwombat]

Opps here it is.

[mortalwombat]

Here it is i hope, struggling to upload a file.

[Curlyben]

Can you possibly host it from Photobucket (or similar) as it's too small to read.

[mortalwombat]

Ok i have the letter on photo bucket, how do i upload it to here.

 

 

Cheers.

[the main man]

Hi,

 

Just click on the direct link bars under the image and it will copy, then just paste the link into the reply box

[mortalwombat]

http://i238.photobucket.com/albums/ff20/mortalwombat_2007/img007.jpg

 

 

Like this? fingers crossed.

[mortalwombat]

http://i238.photobucket.com/albums/ff20/mortalwombat_2007/img009.jpg

 

 

 

This one is from BTMK solictors, altho they must of changed names diff on the heading.???

[Curlyben]

So they are saying they don't have toffee.

WAIT and see what they have to say that has any substance.

[pt2537]

well, i would treat the moorcrap letter with the contempt it deserves. you dont need to disclose anything to them at the moment, they are clearly fishing for information to ascertain how much you know and how much info you have,thats my opinion of course.

 

i wouldnt send them anything atthis stage

 

regards

paul

[mortalwombat]

Cheers for the info Pt and Ben, i wont send a thing. Will these cases end up in court do you think?

[pt2537]

you cant really say if they will or wont take legal action

 

however, you can say if the action could fail and in this case based upon the info we have, there is a high likelyhood that they would fail unless they come up with a True copy of the executed agreement for the account.

 

the bestthing to do is not to worry about this at the mo, wait and see whatthey send you and then make a decision on that

 

regards

paul

[mortalwombat]

Okies this is a copy of a letter i recieved from Eclipse internet i was only with them a month, a mate told me to write and ask for my consumer agreement, because they are asking for £47 cancellation fee.

 

http://i238.photobucket.com/albums/ff20/mortalwombat_2007/img011.jpg

 

 

there is also 35 pages of terms and conditions which i havent uploaded.