Need alot of advice for dca's

[kate87]

Hi all I stumbled upon this site from pure luck. I have read a few threads regarding DCA's and how to deal with them and I am now hoping someone can help me resolve my BIG debt problem.

 

Here is a list of all my debt and the DCA in which is dealing with them: ( They are all demanding I now pay in full with final letters and door to door collection letters etc)

 

1- Argos £296.06- Moorcroft debt recovery Ltd- I have arranged payment plan over the phone but have been defaulted, and never made a payment.

2- HFC £697.17- Moorcroft again as above no payment but did arrange a payment plan.

3-Additions Catalogue-£221- Lowell - Same as above no payment but arranged payment plan over phone.

4-Littlewoods-£338.45- Lowell - Same as above.

5-Sky- £377.41- Wescot- Had letters final payment etc but have recently had one from Credit Security Ltd acting on behalf of Wescot, no other contact been made.

6.RBS- £1916.32-Wescot- This is my first letter from then No other contact been made.

 

I need some advice on what to do now, Ive read about sending a CCA letter but have no idea what this involves and what effects it could have.

 

Please can someone help me as I have now become so scared that im going to have a bailiff at the door and I ignore the constant ringing of the phone but having a newborn and 4yr old, life has become very stressful and I feel so down because I dont know how I can get out of this mess.

[rebel11]

Hi kate

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

Have a read of 1,2,3, 4, 5, 6, 7 and 8 . Also set up a folder sectioned off with each creditor.

 

Don't speak to DCA's over the phone, only correspond in writing.

[kate87]

Thankyou for the reply. Im not sure how I do the folder for each creditor and I am right in thinking I should go ahead and write the CCA letter using the template in (4).

[kate87]

So do I send the letters and postal order of £1?

[BRIGADIER2JCS]

There is a very long way to go before

there is an chance of bailiffs being involved,

A creditor/DCA would need to issue court claims,

there is then a lot of form filling, then there has

to be a hearing and if the judge makes an order

for the debtor to pay and the payment agreed

is kept up no problem, only if the payment order

is breached can the creditor go back to the court

to enforce the debt.

 

Ok. get all the letters from each debt put them individulal

folders, when you send your CCA requests put the copies

in the correct folder for that debt so you have a paper trail

of all that happens.

The CCA request is sent to the DCA chasing the debt

with a £1.00 postal order unsigned and marked stat fee only

on the back.

Use the template letter from the Cag Library the DCA

has 12 + 2 days to reply get proof of posting.

 

Brig.

[kate87]

Thankyou for your reply, I will write the letters now and send off today.

Is it ok that I hand write the letters and also when does the 12+2 start, is it when they have signed for the letter?

[BRIGADIER2JCS]

Hi the 12+2 starts from the date of your

letter the extra 2 days is to allow for post.

Hand written is fine.

Brig.

[Bazooka Boo]

When were these accounts taken out?

 

Stay off the phone you need to do everything in writing from now on for your own protection and to provide you with a paper trail of evidence.

 

If they ring laugh and hang up.

 

The two moorcr@p debts are probably not enforceable, no paperwork or full of unfair charges.

[kate87]

These accounts were taken out in the last couple of years, I was paying these every month up until nov last year when i lost my job, and having a 4yr old daughter who has had 2 heart ops since and finding out i was expecting again, paying these was the last thing on my mind.

The RBS/Wescot account is the one Im mainly thinking about. Half of it is a loan and the other half is from being overdrawn then arranging overdrafts every month etc.

During the past few years I have been charged ridiculously by RBS unpaid DD's, unarranged overdraft etc. I remember counting about 5 months worth of charges and it being about £500. Then in Nov when I lost my job I and couldnt pay any of my direct debits I was charged loads, that is how I got into the mess of constantly being overdrawn and every month i got charged more resulting in me having a £900 unarranged overdraft. This overdraft was purely because I didnt have the money to pay for the charges. Ive read on this site that I can claim these charges back if I am right in thinking. If I can how do I go about this as it has been passed onto wescott, not sure if they acting on behalf of RBS of if they have bought the debt, Im waiting on my CCA reply. Because if I count up my charges in the past few years I know Ive been charged about the same amount as my debt.

 

Please can someone help me how I would go about claiming these if I could and what I would need to do.

Sorry about the essay lol

Edited September 26, 2011 by kate87

[kate87]

anyone know if i am able to claim the charges mentioned above?

[stormski]

Hi Kate87,

 

The first thing you need is a new bank account that isn't linked to your debts..so you can start from scratch.

 

If you haven't got one the Coop basic cashminder is a great little account with a debit card and internet banking ( so you can set up standing orders if you need to pay a token payment etc ).

 

You'd need to go into a branch with passport and utility bill and ask for it without an overdraft...

 

Then once you have that..redirect all your money into that account so you have a fresh start.

 

Once you have replies from all the CCA requests you'll know where you stand...regarding the states of the accounts...Most i imagine will get passed back to their original lender as they won't have the real paperwork.

 

Buy a few cheap paper folders...and keep letters from each debt in the relative folder so you don't get confused. Keep the envelopes they came in, date them and staple them to the letters.

 

You say you have made agreements on the phone for most of the debt...but on the phone they will bully and scare you.

 

If you are currently out of work..then really you can only really afford £1 a month...

 

NEVER EVER - give your card details or setup a DIRECT DEBIT...DCA's will quite happily clean you out with no regards on you having any money to live on.

 

If you have done this already...you definately need another bank account OR you can do the hassle way around it of cancelling card / direct debits...

 

A standing order is the best way as you control the money going out and only you can change the amount.

 

I don't think overdrafts charges are reclaimable atm...but they should be because the banks are robbing people blind now because of this.

 

You say the RBS one is half loan / half overdraft....how did this come about to be one debt? Or is it two seperate debts?

 

Regards,

Stormski

[kate87]

the charges started from unpaid direct debits then escaleted into overdrawn charges because i couldnt afford the £100 and odd chrges everymonth.

i have recieved one letter from wescot for 1916.32 for rbs which im guessing is both together

[kate87]

also rbs closed my account and i do have a new natwest basic account

[Bazooka Boo]

If you sent them a CCA request for the overdraft they will come back and say it isn't covered under the CCA, it has Part 5 exemptions.

 

In order to reclaim all of the unfair charges they added to your account, you will need to SAR (subject access request) the bank for all the info they have on this account, once you receive the info (40 days) you will then be able to tot up the total amount they added then apply interest and reclaim it.

[BRIGADIER2JCS]

Be careful NatWest and RBS are the same

company.

[kate87]

In order to reclaim all of the unfair charges they added to your account, you will need to SAR (subject access request) the bank for all the info they have on this account, once you receive the info (40 days) you will then be able to tot up the total amount they added then apply interest and reclaim it.

 

How do I know what unfair charges are? what about normal charges for unpaid direct debits, unarranged overdraft fees etc can I claim them?

[Bazooka Boo]

That is the unfair charges you will reclaim yes. ANY charge they have added to the account is unfair.

[kate87]

oh ok didnt know that, all i know is they have had hundreds off me, probably enough to cover the loan and overdraft

[Bazooka Boo]

There you go then, once you put in a claim for a refund that should pretty much wipe out what they claim is owed.

 

However if all the debt is charges/fees etc then this won't ever see the inside of a court room simply because they know they would never win, IMO I would send them a SAR and work out exactly what is charges/fees and what isn't, then pay them what isn't and ignore them.

[stormski]

Be careful NatWest and RBS are the same

company.

 

Wah..! for once i never mentioned this....because i always seem to get it wrong..

 

I'd go for that coop account as they will offset your new account for the debt and wipe out any money you do have!

 

Regards,

Stormski

[Bazooka Boo]

Yes my head isn't working properly today neither....

 

http://www.co-operativebank.co.uk/servlet/Satellite/1193206368227,CFSweb/Page/Bank-CurrentAccounts

[kate87]

Thanks everyone looks like i got a busy day tomorrow lol

[BRIGADIER2JCS]

Good luck.

[stormski]

Hi,

 

Go into the branch to get the cashminder..if you ring them...they'll try to get a normal account..which you will probably be refused..

 

Take passport and utility bill..fill the form in the bank. Do not ask for an overdraft..or you will probably be refused..( you don't want one anyway...overdrafts are rip offs now )

 

Regards,

Stormski

[kate87]

Hi I've written the SARS letter for the bank charges. Do I send it to my local branch and who do I address it to. Thanks