Debt Collection Agencies- We dont provide data!!!

[SaudiMail]

Couldn't keep this one to myself.

 

Just phoned BTMK who have been collecting a debt they purchased from the RBS. I asked them to supply a copy of the Deed of Assignment and was told by Ruth (bless her) "We dont actually do anything like that". I protested and she put me on to her manager, Mrs. Maison who told me that they don't supply deeds of assignments to customers because it is a private matter between Tessera Line and RBS. I told her that without it they couldn't enforce the debt, but she insists they can.

 

So what do I do now please?

[Guest Zooman]

TBH if you pushed for it they would supply it. May I ask what you are trying to achieve with this? do you dispute owing the money?

 

If not would your best option not to be to make an offer you can afford be it £5 month or £500 a month and pay by standing order or what ever is easiest for you.

[SaudiMail]

Hi,

 

Affording to repay it is fortunately no longer the issue. The issue is, RBS hammered me with charges in the late 1990's, closed my account and then sold the debt to these people.

 

As we now know the charges are unenforceable I want my money back with interest.

[MARTIN3030]

Quite right too

 

You should make CCA requests to both bank AND dca.

Tell them that under the terms of the consumer credit act 1974 they are required by law to supply you with this.Deed of ass/any default notices (did you say you never rec them and only paid the money because you were bullied ?)

Send a quid and give them 12 days.

 

From the 12 days they got a month and if no supply by then you can insist that they remove it from files.Nothing to stop you making a claim against the dca for taking money from you for a debt that was construed as a result of unlawful penalty charges.

 

I take it you are stat barred from some of the earlier pen charges ?

 

Nothing to stop you from trying..............especially if yopu have some figures

[MARTIN3030]

Oh forgot to mention the main one...........a copy of your original agreement between you and the bank (signed by you of course )

[Guest Zooman]

I don't think this is the forum for this and I would suggest moving it to the The Bank Action Group as I think this forum is mainly advised by people who are more clued up on debt issues then the Penalty Charge issues that the folk in BAG are very good at. And since what you trying to do surrounds Penalty Charges some of the excellent minds may miss this. Although Martin is spot on with his advise I am guessing it is not the money you question but as you said your unlawful charges back.

 

Note to Martin: Nice to see you know your stuff.

[SaudiMail]

Zoom, The thread started with my bringing up an issue with a debt collection agency, and Martin was kind enough to help me.

 

A lot of these issues are interrelated, in this case the bank passed their charges onto a debt collection agency. That's how all this started.

 

Maybe there should be a thread especially for Banks passing debts to debt collecting agencies because at the moment it could come under either forum.

 

Anyway, I'm very grateful for Martin's help.

[Guest Zooman]

If you wish it to remain here I will not move it. And I agree I think Martins advise is excellent. At the moment I doubt we will be opening a new forum and I would like to say again that I think this will get better attention in the RBS forum. As I sure you will understand with 50k members the team tend to stick to one or two forums on the hole to admin. And the best minds for this will be in the BAG forums. I can assure you Martin will be keeping this eye on this as so will I if it is moved and that the question of the limitation act and active debts is very alive. And I am personally looking into it but as of yet I am unwilling to share my findings until I am 100% sure of the law.

 

If you do decide to move the thread let me know and I will move it for you.

 

Regards,

Ashley

[blacksheep1979]

Hi,

 

Affording to repay it is fortunately no longer the issue. The issue is, RBS hammered me with charges in the late 1990's, closed my account and then sold the debt to these people.

 

As we now know the charges are unenforceable I want my money back with interest.

 

Unfortunately you only have 6 years to claim your money back so if it was late 90's you may well be out of luck

[Guest Zooman]

This may not be strictly true in this case as he has been paying the charges all be it late over the last few years. I would ask at this point though do you have the statements of account for the periods the charges where imposed to prove what part of the debt was made up of penalty charges.

[MARTIN3030]

Yes I have also been looking at limitation.

I am currently wading through some litigation I have discovered to try and read into the criteria whereby limitation can be questioned.

 

I understand Ashley in the reasons he puts forward for now not to elaborate.

Without having something conclusive at this stage it would be pointless.

 

I am aware of a few others that are working overtime behihd the scenes on the limitation aspects so although there is little discussion on this site about it does not mean that its not going to be something to go for in the future.

 

As far as moving posts go Ashley you are of course right I shall certainly keep an eye on it and its already in my prompt mail for yahoo ..........

And in addition I too have business with RBS to attend to so will be there anyway !!