Debt Agencies

[michaele]

Hi,

 

Can anyone help with this. I have 3 debts with 3 agencies. These been Thames Credit, Wescot Credit and Aktiv Capital. The debt is now more than the original debt. One is for a Halifax loan and has been ongoing for years. SO I wrote to them to asking about charges and they said as it was longer than 6 years and with a collection agency they didn't have the details.

 

Am I able to write to these agencies and ask for any charges, etc to be credited back to me or not?

 

Thanks

[MARTIN3030]

They WILL have the details.

 

What are the other 2 debts in relation to ?

How long do they go back ?

Are you paying any of them ?

[michaele]

One is in relation to a loan taken out in about 98 and another of an overdraft which relates to 98.

 

I am currently paying them through Thames Credit and just wanted to know if I was able to write to them and ask for charges back as this would be a lot I think. Or am I only able to do this through the bank?

 

Thanks

[MARTIN3030]

Deal with the bank first,as once you win that case,then you have a chance then to show the debts were unlawful.

 

one sar request for data protection info should cover all accounts with the bank (if its the same bank )

 

Under stat limitation you will only be able to claim back to Aug 2000 assuming you start action now.

 

You could also make xpplication to Thames under the consumer credit act to see all your account payment history with them.

This costs 1.00 and a letter is available to send.

[michaele]

Hi Sorry I meant that the account went from Halifax in 1998! So they said that because it is more than 6 years ago they don't have the details.

 

I will send a letter to the debt agaency to see details of my account. Are they only able to put interest on my account and no charges?

 

Thanks

[MARTIN3030]

Depends what they call charges.

If they have added charges you can ask them to show you how they are worked out in proportion to their costs,if they are unwilling to do that,then in the same arguement we use against the bank.....they can be called unlawful penalty charges.

This of course does not apply to set fees which are regulated and laid down as proper.

 

Did your bank account operate after 2000 ?

[michaele]

No it did not operate after 2000. I will find the template of the letter and send off to the agencies.

 

I am paying one agency and they said I had missed a payment and that they would add back interest onto my account for breach of agreement. I had paid and when I rang up they admitted error and said would make sure interest was not added back on. Just made me think what they add on as I have been paying £10 a month for 18 months and the debt is still £400 more than it was originally!!!!!

 

Thanks can you let me have the thread to the template for agencies?

[MARTIN3030]

re account number.........................

Dear Sir/Madam,

 

I wish to make an application to you under the consumer credit act 1974.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

4. A complete list of all monies paid to you by myself on this account by way of statements.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

You are reminded that you have 12 working days to supply this information.

 

yours Faithfully

 

 

 

encl 1.00 fee for the purpose of supplying the information as outlined abov

[MARTIN3030]

Take out references to alleged as you clearly agreed liability.