Some advice re. First Direct please

[gh2008]

Ok, I went through a really bad patch a few years ago (lost home, job etc.), ended up taking out further credit to pay the existing creditors' minimum payments.

I did, at the time explain the situation but the creditors were less than helpful.

 

For the last 2 years I have had a PayPlan DMP going BUT with the interest & charges still being added to my accounts means that every month I am in increasing debt

 

I have 11 accounts with 7 creditors & First Direct is one of my creditors.

 

Some time ago FD merged my accounts into 1. I *think* I had a current account (overdrawn) and a personal loan. The current account was opened in Feb '92 loan not sure.

(Edit. I had a current account and a credit card - still not sure of CC start date but prob mid nineties)

Credit file shows

lender name: First Direct

account type: Miscellaneous

accountholder status: Normal

start date: February 1992

account type: Combined credit accounts

account status: Default

last updated: 31st December 2007

current balance: £11k

opening balance: £11k

payment start date: September 2007

account start date: February 1992

repayment frequency Monthly

default date: September 2007

 

PayPlan are still making payments to the accounts separately.

 

The file show a default last September which I certainly do not remember seeing/receiving (been with PayPlan since end of 2005)

 

I obviously need to sort this out and as far as I see it I have 3 options

 

1) CCA all creditors and go from there

2) S.A.R - (Subject Access Request) them all, reclaim charges (quite substantial) and go on from there with reduced debt

3) declare myself bankrupt (£40k total debt now was 35k 2yrs ago:-o) Glad all those DMP repayments are having an effect!!

 

How do I stand re. a CCA for the First Direct account?

Especially if they unilaterally have 'paid off' the personal loan by increasing my OD (FD balance is £11k)

 

I'd rather not declare BR for many reasons, one of which being that I have, in the last 2yrs of DMP, got myself back on my feet with a new bank account I am managing my money & my life is back on track. I think I would see BR as a backward step & really trying to duck all responsibilities, I would rather try and work my way out of this.

 

Any advice esp. re the FD part gratefully received.

 

Cheers

GH

[B3rty]

FD & HSBC do this ,they clear the CC debt by transfering it to a current account then passing this to Metropolitian their internal DCA.....theythen sell this on to a DCA like Tessara.

 

Call them on the customerservice number and be polite say you are trying to get your finances in order and ask them to explain the transactions on the account just for your own reference, they will tell you quite a lot as this is a customer service nice person just reading what they see

 

You may find they opened a new account and defualted it on the same day.....with a different number to your old account...this is quite common.

 

In their terms you can only get the credit card if you have a current account and they reserve the right to transfer the balance so its in their T&Cs....

 

You need to CCA all your cards/loans and SAR the bank accounts and start to find out your correct position.

[gh2008]

It would seem that FD have used the original cheque account to pay off the CC.

Does this mean that a CCA is useless as it be counted as an OD now

Or, as this was originally opened back in '92, would the OD have been covered by the CCA?

Is it worth sending a CCA anyway?

 

I am sending off CCAs to all creditors starting with the ones that have been particularly unpleasant

[gh2008]

Ok, I've spent a couple of days going through paperwork and I seem to have a little more information as to what's going on.

 

Nov '05 I authorise PayPlan to act on my behalf & I set up standing order to them

Dec '05 PayPlan make offers & start paying all creditors

 

between Dec '05 & March '06 various threat-o-grams and replies to & from FD

 

March '06 letter from FD

"I refer to your recent letter and confirm that banking facilities are now withdrawn"

 

"Your offer to pay £25 per month is acceptable."

 

"Once the amalgamation is complete and the first repayment has been received, a Consumer Credit Act Agreement form will be sent under separate cover. This confirms the amount and term of the repayments and the interest to be charged. It also confirms that, provided you make the repayments as agreed, first direct will not take any further action against you."

 

Well, I'm 99% sure I never received a CCA - although they are saying the 'new' amalgamated account is covered by the CCA.

Since that time, up until recently, I have made every payment on time, yet in September '07 they Defaulted me (I did not receive it - first I knew was looking up my details at the CRA!!)

 

I CCA'd them for both the original accounts and the amalgamated one - which has the same account number as my original cheque account

The CCA request was delivered 29/01 so I'll have to sit & wait to see what that brings

 

Any thought anyone about the contents of the letter above and the implications?

 

Total alleged debt is about £11k with I guess £2k+ of charges

 

Thanks for any help

 

gh

[gh2008]

Hi All

 

Received this from FD. 3 days from request to reply!! impressive

 

As you will have guessed received copies of application forms only no t&cs or anything else apart from this letter, which should be attached below.

BTW it was a standard CCA request no complaint or anything so strangely worded reply me thinks

 

& I didn't receive a CCA agreement for the amalgamated account as I was told I would.

 

So what next, from their wording it seems that they realise they are on shaky ground re the Default (which I never received).

 

My gut feeling is that I wait until the 12 days or the 12+2+30 are up and then start on the offensive.

 

As I said in previous posts, my options are to either reduce enforceable debt to a realistic level so I can afford to pay off legitimate debts or declare myself BR.

 

I suppose, with this one, I need to go for a formal write off, & removal of the unlawful default????

 

I have been following some of the default removal threads and realise it will be hard going, BUT I think it may be my only option.

 

What do you think......

31-01-08 blanked.pdf

[ncf355]

Hi All

 

Received this from FD. 3 days from request to reply!! impressive

 

As you will have guessed received copies of application forms only no t&cs or anything else apart from this letter, which should be attached below.

BTW it was a standard CCA request no complaint or anything so strangely worded reply me thinks

 

& I didn't receive a CCA agreement for the amalgamated account as I was told I would.

 

So what next, from their wording it seems that they realise they are on shaky ground re the Default (which I never received).

 

My gut feeling is that I wait until the 12 days or the 12+2+30 are up and then start on the offensive.

 

As I said in previous posts, my options are to either reduce enforceable debt to a realistic level so I can afford to pay off legitimate debts or declare myself BR.

 

I suppose, with this one, I need to go for a formal write off, & removal of the unlawful default????

 

I have been following some of the default removal threads and realise it will be hard going, BUT I think it may be my only option.

 

What do you think......

 

 

 

Hi,

 

as requested I've taken a scan over the thread mate

 

From the way I see it you seem to be on the right line of thinking , I think if they are expecting you to swallow this without a proper CCA they are taking the P

 

I'm a bit lacking in knowledge re overdraft agreements (although when I eventually get through all the cards and loans I will start looking at that side of things!)

 

However, Penfold has a thread HERE

 

That seems to have a lot of helpful info re bank accounts and CCA's

 

Also try Car's thread HERE

 

 

See what you can find within those - sorry I couldnt be off more direct help

 

One thing I will say though is not to expect them to roll over, in my experience I've found OFT/TS/Et Al to be (mostly) a waste of time and hence court action is now my preferred route adopting the same policy as the bank charges -

 

Letter 1 - warning and request too settle or in 14 days LBA letter will be sent

 

Letter 2 - LBA - pay up or court case in 14 days

 

No answer or unnaceptable answer to 2 - enter claim on the 21st day (just to show you are reasonable)

[andrew1]

Hi All

 

Received this from FD. 3 days from request to reply!! impressive

 

As you will have guessed received copies of application forms only no t&cs or anything else apart from this letter, which should be attached below.

BTW it was a standard CCA request no complaint or anything so strangely worded reply me thinks

 

& I didn't receive a CCA agreement for the amalgamated account as I was told I would.

 

So what next, from their wording it seems that they realise they are on shaky ground re the Default (which I never received).

 

My gut feeling is that I wait until the 12 days or the 12+2+30 are up and then start on the offensive.

 

As I said in previous posts, my options are to either reduce enforceable debt to a realistic level so I can afford to pay off legitimate debts or declare myself BR.

 

I suppose, with this one, I need to go for a formal write off, & removal of the unlawful default????

 

I have been following some of the default removal threads and realise it will be hard going, BUT I think it may be my only option.

 

What do you think......

 

 

You seem to be getting a good grasp of what to do on here and I admire the fact that you have taken the trouble to read so much before posting..well done.

 

I've read over a few of your posts and you are right, Bankruptcy is the wrong route given your confidence has got better since your bad time.

 

I'm a great believer in negotiation. You are in a DMP, okay that was a good start, now you are going through the process of making sure these people you are paying (the original creditors) actually have the right to do so by applying for the agreements. Once you have that established and you have all your statements back, take one account at a time and be thorough and make your claims it will bring you into a position of 'reality' not what the banks think you owe. Once that is achieved that is a time to decide what to do with each debt.

 

Bear in mind the original creditors are selling debts to Debt Collection Agents for circa 10% of their face value. Not every debt is 'sold' some DCA's just act as an agent and collect on behalf of the bank for a commission and that's when the debt gets passed around. If dealing with DCA's always make sure you know whether the debt is 'owned' by them or they are just the agents. Get EVERYTHING in writing and never admit you owe them anything " I do not acknowledge any debt to your company" across the top of any letter.

 

Now you are getting your life back in order and income coming in there is now the possibility you can negotiate a full and final settlement on some of these debts that you have acknowledged and satisfied yourself are all in order with agreements etc and you know exactly what charges to deduct or claim. Then take the equation of the 10% into account and go and make an offer to clear the debt as a full and final settlement bearing in mind they'll want to make a profit so start at 15% and work it around your budget. I just reduced a credit card account with MBNA for a friend - it was a £22,000 debt and I got a full & Final for £5000 - they need the cash, the banks are short of cash just now - take advantage of that.

 

Well done, you are an inspiration - you might not think so, but you have done well thus far and spreading help to others - I like that.

 

Sarah

[gh2008]

Attached is the letter from FD re. the amalgamation.

 

As I've said I have sent a CCA request, and they replied with the letter in my previous post, enclosing the original account opening forms.

 

Now this amalgamated account is classed with the CRAs as a "combined credit account" not an overdraft.

FD also confirm it should have an agreement under the CCA by the letter attached. Which was never sent therefore never agreed.

 

So my thinking is that I will need to react quite quickly once the 12+2 days are up.

 

As I see it there is no agreement whatsoever not even verbal one. There's just a 'we've done this and you've got to lump it' (there's also probably £2k of charges cheque account & credit card charges on the outstanding balance & default entry)

 

There are also no terms in the letter to exempt them from Part 'V' if they were to claim this as an extraordinary o/d.

 

So,

do I bite the bullet and send a prelim letter as soon as the 12+2 are up with a demand for the alleged debt to be written off, the unlawful default to be removed (unlawful - incorrect amount due to unlawful charges on CC account before amalgamation) and do I even have the cheek to go for substantial damages for the incorrect default info

 

gh

First Direct_13-03-06 - blanked.pdf

[andrew1]

Hi, it looks to me like they have set you up with some form of consolidated debt loan which would be a regulated agreement under the CCA. However, which route you should take with this is perhaps better coming from one of the Moderators who are familiar with HSBC and FD. My heads a bit fuzzy with my own claims just now so I'd best not be leading you up the garden path. PM a Mod on the HSBC threads. Good luck anyway.

[gh2008]

Thanks again, still new on here and wasn't sure of the 'protocol' re. getting people to look in

[andrew1]

Actually, you might like to get the Mod to move it to the FD or HSBC section too.

[gh2008]

I was going to start a new thread, once I'd got the paperwork together and ask for this one to be deleted.

But then I got carried away

I've asked Freaky to have a look and he's going to flag it up for some others as well for me

 

Thanks everyone

[jowalshy]

Hi gh, just to let you know, Freaky's flagging is working. I'm currently digesting what is happening at the moment as well as flagging you up to some others for their input. Hopefully one of us will be back to try and help you.

[jowalshy]

From what I can gather, and please bear with me so that I get the timescales correct.

 

Your accounts were merged March 2006.

Payplan set up to pay monthly installments £25.81 per month

Agreement made for six months with First Direct.

Agreement extended for a further 6 months in Dec 2006

First Direct then cancelled the agreement Aug 2007 as repayments not good enough anymore

Payplan still making payments to First Direct

Debt Transfered to MCS Sept 2007 and default entered.

I gather that Payplan is still paying the installments to First Direct????

 

I can't advise on the CC request (as I am not too clued up on them), hopefully someone else can advise on that.

 

What you can do is start the ball rolling on a claim for the repayment of unlawful charges imposed on the credit card account and on the current account. These will have to be done separately. Do you have all your statements for these accounts???? If you don't, you will need to send a SAR.

[johnnymitch]

Hi, gh2008,

As jo says it would be better to set two separate claims in motion. I think I'm right in saying that the CC issue is not affected by the Test case, so maybe set that ball rolling first..........

 

Then,with your SARs for the Bank Account - start that claim off and take it as far as you can (to the start of court action) until the test case is resolved.

 

Maybe someone can confirm for me- if you are disputing amounts owed, don't the original creditors have to take the case back from the DCA until the figure owing is settled...........

 

You have a few issues going here gh, but if you break them down and deal with them separately they should be easier to resolve I think.

I agree with Andrew 1 (Sarah) that you should avoid the BR route - you have prepared yourself well to face these matters, so give it a good try ........I think your Option 2 at the start is your best bet:

S.A.R - (Subject Access Request) them all, reclaim charges (quite substantial) and go on from there with reduced debt

 

Well done and best of luck........

(I'm not an expert on this by any means, but hopefully there will be others leaping in soon with advice as well ........)

[gh2008]

From what I can gather, and please bear with me so that I get the timescales correct.

 

Your accounts were merged March 2006. Yes

Payplan set up to pay monthly installments £25.81 per month Yes

Agreement made for six months with First Direct. Yes

Agreement extended for a further 6 months in Dec 2006

Yes, as it now seems although I was not aware of that at the time

 

First Direct then cancelled the agreement Aug 2007 as repayments not good enough anymore

Again only now aware of this

 

Payplan still making payments to First Direct Yes, as far as I was concerned, nothing had changed!

 

Debt Transfered to MCS Sept 2007 and default entered.

Again totally unaware of this until I saw my CRA file. MCS are their in-house dept. aren't they?

 

I gather that Payplan is still paying the installments to First Direct????

They were until this month

 

I can't advise on the CC request (as I am not too clued up on them), hopefully someone else can advise on that.

Neither of the original forms are enforceable at all (prescribed terms missing) and as for the amalgamated account, they failed to even send me one let alone them have a copy of it

 

What you can do is start the ball rolling on a claim for the repayment of unlawful charges imposed on the credit card account and on the current account. These will have to be done separately. Do you have all your statements for these accounts???? If you don't, you will need to send a S.A.R - (Subject Access Request).

 

I was thinking more along the lines of a 1 hit claim to get rid of the whole lot.

If I re-claimed charges the money would be offset against the alleged debt wouldn't it?

I would then still be left with an alleged debt albeit a few £ks smaller and that would be after 2 Court claims.

 

Apparently HSBC/FD do this regularly, so should they have sent a CCA for the amalgamated account (which they do not describe as a 'current account') as they said they would?

 

If I should have a CCA then my thought is that I could

 

1. Make a formal complaint to them asking for write-off & default removal

 

2. If no joy then report to TS FOS Information Commissioners Office etc. for the crminal charge due to the failure to supply info under a S. 77-79 request

 

3. If still no joy, make a claim against them for removal of default and write-off

 

 

I think it comes down to whether or not I should have had a CCA agreement at any time for this alleged debt - I think

 

my head hurts

 

If you've made it this far then congratulations

gh

[jowalshy]

The reason for two separate claims is because one is a bank account and the other is a credit card and they fall under two different categories. I don't think you can claim for unlawful credit card charges against the amalgamted account as it was not this account that imposed the charges. If the credit card account was transfered onto your bank account, then you need to do a claim for the bank charges for the amalgamated account and a separate one for the credit card charges. If a new account was set up to amalgamated the two accounts then you need to do a claim for the old bank account for the bank charges and another claim for the credit card charges. If you have faithfully paid the instalments to the amalgamated account, there would be no charges imposed, so therefore no charges to claim back.

 

As for the CC request, I am at a loss. I will try and flag down Pete and see if he can help with that part.

[johnnymitch]

by gh:Neither of the original forms are enforceable at all (prescribed terms missing) and as for the amalgamated account, they failed to even send me one let alone them have a copy of it

That, which I failed to grasp first time round would appear to put a different slant on the matter. If you think you have a very good case for having the debt thrown out because of the paperwork being unenforcable or non-existent - then a 'one hit' may be the way to go.

Like jo I think I 'd like pete's input on this - if true to form he should be around later..............

[Castlebest]

who me? ,

 

Hiya gh2008 what a mess FD have made of your finances (and their own )

 

From what you have posted you seem to have this almost straight in your head my only suggestion on information gathering would be to ask PayPlan if they have any letters that are relevant to your accounts, everything should have been sent to you but it might be useful just to check FD didn't send PayPlan anything.

 

Starting with the most recent glaring error FD have made.. the lack of an agreement for your combined credit account. As you have realised this is a direct contravention of the Consumer Credit Act and legally means this debt is unrecoverable in its present form (amalgamated). As your first shot, once your CCA section 78 request time limit has expired I would take the line with FD (or Metropolitan if they are writing to you) demanding the alleged debt is written off and the unlawful default is removed.

 

I think they will try to back track and say the account application forms for the original accounts are agreements (which they are not) so this will be the next step but wait and see what they say .

 

If you haven't done so I would also SAR them too while your about it, just to see what is on your statements, it might come in handy later.

 

Good luck and just shout if you have any questions.

 

pete

[car2403]

I've had a look through the thread also and have some comments.

 

Firstly, YOU need to establish the LEGAL basis these accounts are being collected on. Theorising as to what has, or has not happened is irrelevant at this point - they've clearly NOT given you enough information relating to your request delibrately. IMHO, this is an attempt to bamboozle and frustrate you - standard tactics from companies like this, sadly.

 

So, you've CCA'd then already? Have you followed up that letter you've had with the standard follow up letter? If not, do this now;

 

http://www.consumeractiongroup.co.uk/forum/legalities/11659-how-get-your-default.html

 

Oh, BTW, from this point on DO NOT sign ANY letters you send to them - PRINT your name instead;

 

http://www.consumeractiongroup.co.uk/forum/general-debt/110578-digital-signature-guide.html

 

You also need to send them the Surleybonds letters, as they don't have any agreement (failing to provide it to date) so they DON'T have your consent to process any data, let alone a Default entry;

 

http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html

 

FYI, Overdrafts ARE regulated by the CCA, but are subject to an OFT Determination under s.74, meaning they generally don't need to have a proper agreement. The issue here (as you might have seen with my Barclays Default claim) is that there are conditions attached to the determination giving them exemption from parts of the Act - without complying (and being able to prove they've complied) with the determination, or having a properly executed credit agreement, they can't enforce the debt against you.

 

Secondly, you MUST send them a DPA SAR. Without this, YOU HAVE NO CASE to push them on; (remember what I said about not signing the letter - and amend to suit)

 

Dear Sir/Madam,

 

 

Style Financial Services Ltd: ********

s.7 DATA PROTECTION ACT 1998 – DATA SUBJECT ACCESS REQUEST

 

 

I request that Style Financial Services Ltd provides me with all details held regarding my accounts, including, but not exclusively as I require access to all information relating to me as a Data Subject under the Data Protection Act;

 

§ Details of all default charges for unpaid items and fees charged for managing the above account, which I have paid in the last six years

§ Copies of all original Consumer Credit Act agreements for each account held in my name

§ Details of all assignments, whether equitable, absolute, legal or otherwise, of the account and documentary evidence of such assignment

§ Details of all manual intervention that has taken place on accounts held in my name, with documentary evidence of such.

§ Details of logic involved in any automated decisions you made about me, or my accounts with you.

 

Please note that this is not an exclusive list, as I require access to all information held by Style Financial Services Ltd regarding me, as a Data Subject under the Data Protection Act.

 

I understand that Style Financial Services Ltd is obliged to provide this information under the Data Protection Act 1998. I have enclosed a cheque for £10 to cover the statutory fee that can be charged for this service.

 

I look forward to hearing from you within 40 days from the date of this letter and before 1 January 2008, in any event.

 

Yours faithfully

 

Next, sit back and RELAX while the deadlines pass. You can contemplate your next moves during this time as you have 2 options;

• Instruct your DMP to cease payments, as the debt is in dispute and they are in default of your request meaning the debt is CURRENTLY unenforceable. I think your Debt Management Company **may** not like this, which could put your DMP as a whole at risk. (They don't like people stopping payments while still owing the debt, for obvious reasons) What you are TRYING to do here, is get this company to take YOU to Court to enforce the debt - this will save you lots of Court fees and means they have to give full disclosure to justify their claim against you.
  
• Take them to Court yourself.

Which option to take will probably depend on you - can you afford the litigation? Are you prepared to cease payments?

 

There are other options, such as the Financial Ombudsman and the ICO as well as any voluntary organisations they are part of - such as the FLA, for example - but, IMHO, Court is the most effective way to go.

 

Either way, start building your case and collecting evidence using the CCA and DPA - then keep your thread up to date so you can get advice from others.

[gh2008]

my only suggestion on information gathering would be to ask PayPlan if they have any letters that are relevant to your accounts Will do , everything should have been sent to you but it might be useful just to check FD didn't send PayPlan anything. I actually received nothing (other than the letter re. amalgamation) from FD once PayPlan started payments, I was unaware of the Final demand, the default on my CRA file, the transfer to MCS etc.

 

Starting with the most recent glaring error FD have made.. the lack of an agreement for your combined credit account. As you have realised this is a direct contravention of the Consumer Credit Act and legally means this debt is unrecoverable in its present form (amalgamated). The "in it's present form" bit is what is on my mind I would hope that they are not allowed to revert back - although if they do the CC is unenforceable and the OD is made up totally of charges

As your first shot, once your CCA section 78 request time limit has expired the 12+2 or 12+2+30? I would take the line with FD (or Metropolitan if they are writing to you) demanding the alleged debt is written off and the unlawful default is removed. Ok, the letter that demands that or otherwise I go to the Authorities re their breach etc. ?? I think I may have answered my time limit query as for a criminal breach it's the 12+2+30 isn't it?

 

I think they will try to back track and say the account application forms for the original accounts are agreements (which they are not) so this will be the next step but wait and see what they say . Ok my thought as well

 

If you haven't done so I would also S.A.R - (Subject Access Request) them too while your about it, just to see what is on your statements, it might come in handy later. Ok, will do wasn't going to bother but I'll do it today

 

Good luck and just shout if you have any questions. Thanks

 

pete

 

 

gh

[gh2008]

I've had a look through the thread also and have some comments. Thanks for looking

 

Firstly, YOU need to establish the LEGAL basis these accounts are being collected on. Theorising as to what has, or has not happened is irrelevant at this point - they've clearly NOT given you enough information relating to your request delibrately. IMHO, this is an attempt to bamboozle and frustrate you - standard tactics from companies like this, sadly.

 

So, you've CCA'd then already? Have you followed up that letter you've had with the standard follow up letter? If not, do this now;

 

http://www.consumeractiongroup.co.uk/forum/legalities/11659-how-get-your-default.html

 

I have just realised they defaulted me on the COMBINED account which is NOT a current account and therefore they should have issued a Default Notice shouldn't they, not a Final Demand as they have said

I have a feeling that MAY be quite important, but I am stumbling out of my depth

Oh, BTW, from this point on DO NOT sign ANY letters you send to them - PRINT your name instead;

Yep, been doing that, makes it nice & easy to print as well

 

You also need to send them the Surleybonds letters, as they don't have any agreement (failing to provide it to date) so they DON'T have your consent to process any data, let alone a Default entry;

 

http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html

 

I think this is my next project to 'get my head around' I don't like sending off stuff I don't understand, but thanks for the pointer - more reading

 

FYI, Overdrafts ARE regulated by the CCA, but are subject to an OFT Determination under s.74, meaning they generally don't need to have a proper agreement. The issue here (as you might have seen with my Barclays Default claim) is that there are conditions attached to the determination giving them exemption from parts of the Act - without complying (and being able to prove they've complied) with the determination, or having a properly executed credit agreement, they can't enforce the debt against you.

I've never received any letter confirming any od facility on the account either so they haven't complied with the Part V exemption either!

 

Secondly, you MUST send them a DPA SAR. Without this, YOU HAVE NO CASE to push them on; (remember what I said about not signing the letter - and amend to suit)

Being done today

 

 

Next, sit back and RELAX while the deadlines pass. You can contemplate your next moves during this time as you have 2 options;

• Instruct your DMP to cease payments done, they are actually taking an active interest in what I am doing , as the debt is in dispute and they are in default of your request meaning the debt is CURRENTLY unenforceable. I think your Debt Management Company **may** not like this, which could put your DMP as a whole at risk. (They don't like people stopping payments while still owing the debt, for obvious reasons) What you are TRYING to do here, is get this company to take YOU to Court to enforce the debt - this will save you lots of Court fees and means they have to give full disclosure to justify their claim against you.
  
• Take them to Court yourself.

Which option to take will probably depend on you - can you afford the litigation? Are you prepared to cease payments?

No I can't afford the litigation YET but with all these payments stopping from my DMP I may have access to some unexpected cash

Payments have stopped already.

I think I'd want to be proactive on this, I've rolled over and taken their cr@p for tooooooo long (they were less than helpful & charged ridiculous sums, when the sh!^ hit the fan originally )

There are other options, such as the Financial Ombudsman and the ICO as well as any voluntary organisations they are part of - such as the FLA, for example - but, IMHO, Court is the most effective way to go.

 

Either way, start building your case and collecting evidence using the CCA and DPA - then keep your thread up to date so you can get advice from others.

 

Thanks for the advice Chris & I'm subbed to yours & PT's threads, and a few others with similar actions

 

Off to do some reading then fire up the printer - already got a supply of Recorded Delivery stickers to fill in

 

gh

[gh2008]

At the moment AFAIK FD are unaware of my 'plans'

 

My thoughts are that a Surlybonds letter at this stage, may 'up the ante' which I don't think I want.

 

I'd be happy for them, again at this stage, to think that I believe their CCA response is correct and just send an SAR request as though I am preparing for a reclaim of charges.

 

I may even word the SAR request thanking them for the information received in response to my S. 77-79 request.

 

Or am I being overly cautious not wanting to 'give the game' away??

 

gh

[gh2008]

and then the post arrives

 

dated 3rd giving me 24hrs and took 6 days to arrive - the post these days

 

I think a letter informing them that "I don't think the paperwork received fully complies with my request and therefore the account in dispute" is needed. Tread lightly at the moment

 

and the SAR request

[car2403]

The Surleybonds letter encloses a s.10/s.12 DPA 1998 notice that is PARAMOUNT to sending, as this basically orders them to stop processing your data - I have seen some threads where just this letter alone has meant the Default was removed... (I'll try to hunt the threads out, but I'm busy, busy, busy - as you know!)

 

Without this letter, you can't challenge them in Court using the DPA - this could jeopardise your case, as you can't rely on a Judge seeing your version of events or understanding the CCA inside and out. Adding these DPA issues adds to the weight of your claim, IMHO. It also shows you've "tried" to resolve this before taking formal action - without which a Judge may order costs against you, or worse, throw your claim out.

 

I admire your tenacity, gh, (as another poster has already mentioned) in that we do get lots of "new members" asking questions then just following the advice given - this has lead to CAG-gers going to Court without understanding their own claims! Nice to see someone taking active control of the situation and only asking questions when it's relevant - and usually knows the answer, just needs some support along the way!

 

Well done - I'll be watching (even if not contributing regularly) from a far...