Help with debt.

[FORMISTER]

The letters your sending off are requests for your credit agreements known as CCA requests here is the link to the template letter, adapt to suit http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter. These should be sent with a £1 postal order, which is the statutory fee. They then have 12+2 working days to supply the information, including a statement of account

 

You can advise them that you will only deal with them in writing or by email and not over the phone, they may take notice. But if you refuse to answer their security questions then they can't discuss your account anyway.

Or you can ask them to only phone your mobile as you will not take calls on your house phone. I would normally advice not speaking on the phone but I know you are anxious to limit the calls to your house

[FORMISTER]

Teaboy will give you a better indication on how to proceed. So ok the crap will hit the fan, but it won't take long to get repayment plans set up and start reducing your balances at an amount you can afford.

 

You are doing the right thing

[teaboy2]

The letters your sending off are requests for your credit agreements known as CCA requests here is the link to the template letter, adapt to suit http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter. These should be sent with a £1 postal order, which is the statutory fee. They then have 12+2 working days to supply the information, including a statement of account

 

You can advise them that you will only deal with them in writing or by email and not over the phone, they may take notice. But if you refuse to answer their security questions then they can't discuss your account anyway.

Or you can ask them to only phone your mobile as you will not take calls on your house phone. I would normally advice not speaking on the phone but I know you are anxious to limit the calls to your house

 

Hi guys,

 

Sorry i not popped in the last couple of days, been pretty busy so not had chance to keep up.

 

The advice formister gives above is what you should follow, though if they choose to ignore your request to only communicate in writing and if they phone you constantly (more then 2 times a day) they will then be harassing you and you should send the below letter to them:

 

 

(edit to suit)

Account Number: *******

Alleged Balance £11.03 + £8.00 Administration Fee

To Ebay

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls.

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Please treat this also as a formal complaint, and send me a copy of your company complaints procedure.

 

Be advised that any further telephone calls from your company will be recorded and a Fee of £50.00 will be payable by you for each and every call that is received. Any invoices that are not paid within 30days will lead to the commencement of county court proceedings.

 

Yours Sincerely

 

UK26

[cookatron]

Hi

 

I got a reply from quickquid and lending stream. I tried getting the contract up, but having difficulty doing so. And wonga whom im behind on payments with, will only talk to me by phone. Who im yet to phone.

TBH i dont really mind if they are legal the quickquid seems to be after reading it. I will pay them there money back, but i cant with the interest ontop

 

Yours AC

[FORMISTER]

As Teaboy is on the thread I will leave it up to him unless I have something to add

[teaboy2]

Hi

 

I got a reply from quickquid and lending stream. I tried getting the contract up, but having difficulty doing so. And wonga whom im behind on payments with, will only talk to me by phone. Who im yet to phone.

TBH i dont really mind if they are legal the quickquid seems to be after reading it. I will pay them there money back, but i cant with the interest ontop

 

Yours AC

 

Hi cookatron

 

The only way they will agree to deduct previous charges, interest and stop further interest and charges being added to the accounts is by you have something on them to force them to reconsider, thats from my experience of dealing with them for friends. So scan the documents even if they appear legal (Just becuase the appear so doesn't mean they are, as such documents must be in a certain legal prescibed form) upload them to Photobucket , and then post the links to the images on photobucket, so we can see them, also enter original amount you actually recieved under each link for the account the link is for. Then if they are unenforceable then, we have something on them to make them stop the charges, interest etc and make an offer of repayment or repayment schedule for the original amount(s) borrowed. So either way we are not avoiding the debt, enforceable or not but personally i think they have made enough money from you to cover the original amount borrowed, and any extra payments above the orignal amount is nothing but a finacial detriment to yourself but thats how these companies make such huge profits and why they have sky high interest rates to entrap the most vulnerable in monthly debt and charges circle. Now until i see the doucments theirs not much i or others can do to help.

 

As for wonga, if you have sent the CCA request to them, then it is a formal legal document and they are legally obliged to respond. If they do not respond within 12+2 days of the date you sent the request then they are in default of the account and can not enforce the debt by any means until they produce the document. So send them the following letter: Delete/edit the bits highlighted in red.

 

ACCOUNT IN DISPUTE

 

Date:

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted. (Delete this sentence if no letter has been sent by them)

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/78. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 working days after you sent the initial request).

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become currently unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

 

I look forward to hearing from you. This should be in writing, I have no wish to correspond by telephone.

 

Yours faithfully

[cookatron]

Hi

 

Not sure how to? Do you have a email address i can forward to?

 

Cheers

[teaboy2]

Hi, Ive PM'ed you my email address, if you want i will post the documents up on the thread minus your details etc on your behalf.

[cookatron]

TBH i just emailed asking them for the agreements. Seeing it would be hard, for me to get any letters printed off. Im that fed up of being skint that i would happy goto court or whateva, just i wont be living as i have been. The companies have

all made hundreds each off me. Would i be better just playing my cards and saying im to skint to pay them back, that if they dont accept the interest stopped with small monthly payments. That they will have to take me to court?

 

Yours AC

[teaboy2]

Hi AC

 

In that case i assume, they did indeed send you a .txt as a copy of your credit agreement by email or as written text within the body of the email itself. In that case non of the agreements they set you are enforceable. They must as per the CCA request send you a True copy of the original agreement, i.e photocopy etc and it most be a paper document. So send the above letter that i said to send to wonga to all of them adding the following bit on the end:

 

Note - the sending of .txt file does not satisfy a consumer credit agreement request of a true copy of the original agreement. And such a .txt file/Email text could have easily have been written up on the fly, making it a false respresentation of the original document and not a true copy as per my section 77/78 of the consumer credit act 1974 request. As such, such a .txt file document is completely seperate agreement, and as i never agreed to the new .txt file/Email text agreement, then such .txt file/Email text agreement being a seperate agreement is nothing short of a fraudulent document. Therefore such a .txt file/Email Text document/agreement would not be enforecable in court. Given the above, as you could have also quite easily scanned a copy of the original agreement and sent as a pdf document by email instead of creating such a .txt file/Email text, i am of the view that you do not have a copy of the original agreement and i there strongly suggest you close the account at ZERO balance, refund all charges and interest paid and remove all notes or records made to my credit file that will be deemed as defamatory if not removed within 40 days.

 

Now send that to all of them that have sent you such .txt files and not scanned copies of the original etc. They will either back down or send you the true copy of the original as a scanned copy or in paper format by post. If they do not then they will remain in default of your CCA requests and can not enforce the debt until they have produced such a copy.

 

I appreciate you feel like giving up and just stop paying (stop paying now anyway is my advise), but trust me if you do not do this, they will hound you and hound you for payment on a daily basis, including calling your work and hounding your boss for payment from your wages etc which is illegal deduction of wages under the employment act or hounding your colleagues to put them through to you, but they don't care and your boss wont be happy about it. I know this as my friend that had simpler issues worked (and still does) for me and i got calls regularly about it. Then one time i said enough is enough, talked to my friend about it and said let me deal with it i'll sort these idiots out for you, and i did.

 

I know i sounds nerve wrecking what i said above, and it doesnt mean they will do it to you, its just what they did in my experience, when my friend stopped payments. So to beat them you need to stand up to them and tell them whats what. You'll be amazed just how much control and rights you actually have over the issue.

 

So for now stop all repayments and only make repayments to your credit cards from now on. Am not saying you wont have to make repayments in future, but as things stand without any enforceable credit agreement things are in your favour here, hence why i included the demand to close the account at zero balance etc, they either will or they will just go quite and pop there heads up in a few months or a year or so's time hoping you have forgotten all about the fact they are now in default of your CCA requests.

 

Now they may well come back to you asking for the £1 fee if they do simply send a postal order with a note attached to it containing the account number and clearly stating it is the £1 fee for your CCA request on (Date of CCA request sent).

[cookatron]

Hi

 

Sorry for the non reply. I have decieded to try payplan, who should try and contact me tommorow. With regards to all my debts, as i just cannot live as i am the now. Not sure if i will be able to include my payday loans, but seeing i have stop paying them except one which i cleared off at £165. They have started gathering up, so hopefully i can start living normally from next payday. Im now skint, with not enough money for a new tyre and road tax needed. Never mind petro, and seeing i make £1300 per munth, this might give you a idea to how much debt i have in all.

 

Cheers

[FORMISTER]

Ok, it's your call. This is still a step in the right direction and will take the heat off you. I would still follow Teaboys advice as you could be saving a lot of money in the long run, but the urgency is as important now if you are going through payplan

[Erica11 - Swift]

Please contact Swift Sterling on 08000 124 080.We also have an online chat service and can be contacted via email on customercare@swiftsterling.co.uk A member of staff will be able to address any queries or concerns you may have.

[brokebutnotbeatn]

PLease DO NOT. I have reported the above for removal.

[IdaInFife]

Erica - is an approved rep for swift sterling - as the OP no longer deals with them I doubt very much the op needs help from them now.