How can If find non PO box addresses for

[summer30]

Can you still request one if your making reduced payments already? and if they cannot provide it does it still have the same effect?

 

Just wondering if paying an amount means your admitting the debt etc?

[B3rty]

You can request this at anytime as its part of your rights under the CCA s.77/78 regardless to the payment status.

 

Admitting the debt doesn't make an un-executed agreement enforcable only the court can do that if the agreement is unsigned but contains all the prescribed terms.

 

However if any of the prescribed terms are missing the court cannot enforce the agreement under s.127(3)

 

Best to send your £1 and find out...

[summer30]

getting confused now lol whats prescribed terms?

[pt2537]

Hi there,

 

A credit agreement MUST contain certain terms for it to be enforceable

 

the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) sets out what a credit agreement must contain , the actual requirements depends on the type of credit being provided

 

however, a court cannot enforce an agreement if it is not signed nor can it enforce an agreement which is signed but does not contain the required terms

 

regards

paul

[summer30]

Lowell

Debt managers

and clarity

 

 

All only supply PO box and I cant send signed for to them for CCA's

 

 

Any ideas where I can find appropriate addresses?

[Bookworm]

Companies House.

[Belaflat]

Lowell Group

Enterprise House

1 Apex View

Leeds

LS11 9BH

 

Clarity Credit Management Solutions Ltd

Swan Court

Lamport

Northamptonshire

NN6 9EZ

 

 

 

Debt Managers Ltd

4 Jamaica Street

Edinburgh

EH3 6UP

 

Debt Managers Ltd

Bradmarsh Business Park

Dodds Close

Bradmarsh

Rotherham

S60 1BX

[summer30]

Thanks you very much, I did go to Companies house, but got a different one for debtmanagers in their Scotland office which its from so used that.

 

Doh! is me I should really have known where to look lol

[summer30]

thanks, Ive got 1/2 the letters ready to go off this week, then will see what happens with those.

[summer30]

Most companies Ive had these from are fine when I tell them I have no income, but one or two are saying I must put in my partners income

 

Ive been told he is quite within his rights to refuse this?

 

 

He does pay my token payments for me but thats all as we are struggling to live at the moment.

 

One particular company are stating that they will issue proceedings if I sign the form and any of it is incorrect, so obviously I dont really want to sign it.

 

Would it be ok if I just send in yet another letter saying I have no income and can only offer token payments?

Im really reluctant to send in a 1/2 finished form and sign it as I dont like the look of it at all

 

Any help on these appreciated.

[sequenci]

You shouldn't have to include your partner's income providing the debts are in you sole name. You do, however, need to reflect that your share of the household bills are a fair distribution depending on income between you both. If he earns the lion's share of the income then he would be responsible for most of the household expenditure.

 

Consider a complaint about that company.

[summer30]

At the moment he pays the lot, I dont work and cannot claim benefits, my income is 0 so my payments towards the house are 0 and have been since I lostm y job in September. Do I have a right to refuse to fill it in as I do not have enough information?

[sequenci]

At the moment he pays the lot, I dont work and cannot claim benefits, my income is 0 so my payments towards the house are 0 and have been since I lostm y job in September. Do I have a right to refuse to fill it in as I do not have enough information?

 

just fill it in reflecting you have zero income.

 

did you claim job seekers' allowance? you should get it for 6 months, at least.

[summer30]

No I cant claim as OH gets over the 15k threashold.

[sequenci]

No I cant claim as OH gets over the 15k threashold.

 

If you've been paying your National Insurance you would have an entitlement to claim Contribution-based Job Seeker's Allowance no matter how much your other half earns. He could be the CEO of Shell Oil an you would still be able to claim it for 6 months.

[summer30]

Ive seen a few threads regarding the time to wait for the CCA requests including 12 days plus 2 days and 12 days plus one month

 

Can anyone clarify what it actually is?

 

I assume I take it fro mthe day the letter was delivered as a couple of mine when I checked online today didnt get there until 5 days after I sent them.

[Curlyben]

Here goes.

The 12 days are WORKING days.

the +2 refers to posting time, but if sent recorded then it starts the day after they receive the CCA as they are allowed 1 working day "processing".

The One Month is a calendar month.

 

Why all the deadlines I hear you ask !?

Well here's why:

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 once the DCA continues to demand payment.

[summer30]

fantastic thank you

[dpick]

Ive seen a few threads regarding the time to wait for the CCA requests including 12 days plus 2 days and 12 days plus one month

 

Can anyone clarify what it actually is?

 

I assume I take it fro mthe day the letter was delivered as a couple of mine when I checked online today didnt get there until 5 days after I sent them.

 

Hi The CCA request time scales are 12+2 working days the creditor has defaulted on the request and should not enforce (my interpretation of enforce and the creditors would seem to differ) after a further calender month they have committed an offence. I have yet to see some evidence of OFT etc taking proceeding for this.

 

In my own cases I have waited till the creditor has committed the offence before I stop payment and none of them have tried to take me to court though I have taken two to court myself.

 

all the best dpick

[babybear39]

Congratulations on the birth of your son CB

[summer30]

Well the CCA request was received by all at somepoint over last week and this, Lowells replied saying they are trying to get it but please be aware that it might take longer than 12 days, no other company responded yet, its funny that they are able to get a letter out next day if they really want to though isnt it.

 

But ARC are becoming a right royal pain in the behind

 

CCA request and letter to ask for phone calls to stop went out last week

 

they received the recorded letter Monday, a letter also went to thier solicitors trevor Munn on monday requesting a statement because when the debt left Diners card it was £3100 and a month later with ARC it is now £4100

 

So at present CCA not acknowledged, phone calls continued until Monday so far

 

Then letter received today ignoring the statement request, and also refusing the £10 pcm amount offered which they keep doing, I really have never known a DCA to refuse any money offered.

 

They are requesting an SOA, this was provided to diners club so I shall send a copy of that to ARC but I'm wondering whether to start a S.A.R - (Subject Access Request) (sp?) yet?

 

I havent been able to find the template if anyone could point me in the right direction or just wait to see the outcome of the CCA request

 

OH does acknowledge the debt its only from last year and is happy to try and pay it off however they are being such %^$&$%& that it gets our backs up

 

One thing is that ARC have actually written a letter now, they didnt like doing that before so if it goes to CCJ level we do have it in writing from them that they are refusing a payment.

 

Was thinking of sending the SOA, with a letter saying sorry you feel you are unable to accept the offer, and also to request the statement again?

 

OH doesnt mind paying off what he owes but not when they stuck £1000 on it and we are still waiting for the agreement to check thier terms

 

thanks in advance

[spamheed]

I think you need to clarify a little

 

the debt, when it left the Original Creditor was for £3100

when you get letters from the DCA - the amount has increased to £4100

 

You have CCA'd the DCA and requested a statement from the "legal arm" of the DCA.

 

I would SAR the OC and see what comes up, at the very least it will show that the DCA has applied their own charges, if you get something from their solicitor, it would be interesting to see what the extra £1k is made up of, they are not allowed to add charges unless it is stipulated in the original agreement.

 

You need to get proof from the OC of the balance at the point of transfer

 

You can also start sending payments to the DCA for £10 per month, then let them justify why they are taking the money but not honouring an agreement.

[spamheed]

old template removed - dx

[summer30]

I think you need to clarify a little

 

the debt, when it left the Original Creditor was for £3100

when you get letters from the DCA - the amount has increased to £4100 yes thats what I asked them to clarify what the extra was for but they wont. Diners told Oh that they could apply 30% to the debt when trasnfered so waiting for the terms to check this.

 

You have CCA'd the DCA and requested a statement from the "legal arm" of the DCA. they received this monday signed for

 

I would S.A.R - (Subject Access Request) the OC and see what comes up, at the very least it will show that the DCA has applied their own charges, if you get something from their solicitor, it would be interesting to see what the extra £1k is made up of, they are not allowed to add charges unless it is stipulated in the original agreement.

 

You need to get proof from the OC of the balance at the point of transfer

 

You can also start sending payments to the DCA for £10 per month, then let them justify why they are taking the money but not honouring an agreement. Only problem is that neither of us have cheque books so without them providing standing order details we are a bit stuck, not sure if postal orders are any good?

 

 

 

Thanks for the template, is it ok to send the S.A.R - (Subject Access Request) whilst we are waiting for the CCA request?

 

Just a thoguht, does he have to sign a SAR request?

[summer30]

Clarity is one of the ones we are disputing, today the CCA request £1 has been returned to us and they write that they are looking for the information requested.

 

Does that mean we won't hear any more and that they don't have it?