Cabot and Citi Card debt

[alanfromderby]

After 12 working days the DCA is in "default" and legally you can stop making payments at that point until they supply the necessary documents.

[dolly]

After 12 working days the DCA is in "default" and legally you can stop making payments at that point until they supply the necessary documents.

 

Thanks Alan. I notice on your sig that you have put that yours are now uneforcable...does that mean that they have admitted that they don't have the original documents?

[alanfromderby]

Thanks Alan. I notice on your sig that you have put that yours are now uneforcable...does that mean that they have admitted that they don't have the original documents?

 

HFC/Beneficial (CC) have admitted they haven't got the documents - or indeed any paperwork....game over!

 

HFC (2 loans) - the DCA has failed to provide the documents within the 30 days, and has put the debt on hold whilst they were trying to obtain them. HFC has now supplied some information under my DSAR - but it is not complete by any means, and it also contains no original contracts.

 

Should they manage to produce the documents at a later stage - and then try to enforce the debt, I will report their default to Trading Standards and the FSA, and am prepared to use all the recent correspondance over this to be put before a judge to consider the disputes I have - unlawful charges, and useless payment protection policy.

 

This would be a very rough ride for the DCA should they decide to go down this road - and very expensive. They can also be sure that they will not get more than a few quid a month if they were to succeed.

[thunderpuss2k]

HFC/Beneficial (CC) have admitted they haven't got the documents - or indeed any paperwork....game over!

 

HFC (2 loans) - the DCA has failed to provide the documents within the 30 days, and has put the debt on hold whilst they were trying to obtain them. HFC has now supplied some information under my DSAR - but it is not complete by any means, and it also contains no original contracts.

 

Should they manage to produce the documents at a later stage - and then try to enforce the debt, I will report their default to Trading Standards and the FSA, and am prepared to use all the recent correspondance over this to be put before a judge to consider the disputes I have - unlawful charges, and useless payment protection policy.

 

This would be a very rough ride for the DCA should they decide to go down this road - and very expensive. They can also be sure that they will not get more than a few quid a month if they were to succeed.

 

There's an interesting conversation going on over at another forum about DCAs who fail to produce any proof of a debt after a DPA SAR has been put in and expired. Been talking about the chances of removing these accounts from the CRA records if they've been deemed to 'not exist' by the lack of the info.

 

Any thoughts Alan? Been watching your posts about all of this with interest, so would be interested in your comments.

[andrew1]

Also Alan, You mentioned ' useless card protection insurance' you're not claiming for those as well are you? This gets more interesting by the day (delete) minute!

[thunderpuss2k]

I was wondering about that comment by Alan too. I've always thought payment protection is about as much use as a chocolate teapot, but then again that hasn't stopped me having it in the past

[Tygermoth]

Ok, 14 workings days have passed (CCA request)..... not a word from cred sec dispite a call to remind them.....

[pampam]

Is there anything I can do to reclaim money that I have paid to these agencies in full and final settlement?

[alanfromderby]

There's an interesting conversation going on over at another forum about DCAs who fail to produce any proof of a debt after a DPA SAR has been put in and expired. Been talking about the chances of removing these accounts from the CRA records if they've been deemed to 'not exist' by the lack of the info.

 

Any thoughts Alan? Been watching your posts about all of this with interest, so would be interested in your comments.

 

At the end of the day CRA data has to correct - otherwise you have recourse through the Data Protection Act. If a debt is not backed by the correct paperwork then how is the entry on your file justifiable.

 

Certainly there is a question for the DCA to answer under section 7(1)(d) of the Act, and if they cannot answer that, then an action under section 10 would have to be considered.

 

To be honest, I am not overly concerned as the default will be off my file in a few months time anyway - and I am not desperately seeking any credit, or mobile phone contracts, for the foreseeable future.

[alanfromderby]

Also Alan, You mentioned ' useless card protection insurance' you're not claiming for those as well are you? This gets more interesting by the day (delete) minute!

 

My aim with this case has always been to let the DCA, and the original lender, put themself into an untenable position.

 

Certainly, the misselling of the insurance is an issue which I may use in a legal defence to any action they may consider at a later date. However, I am not minded to take direct action as it is not in my interest.

[alanfromderby]

Is there anything I can do to reclaim money that I have paid to these agencies in full and final settlement?

 

The only recourse you would have is against the organisation that had added charges. This would usually be the original creditor, but the DCA may also have added fees at a later date.

[Movingon]

Don't forget that you can submit a request for information under the Consumer Credit Act 1974, to include a copy of the original signed Agreement Regulated under the CCA, and a Statement of Account. They MUST provide this information to you within 12 days ("the prescribed period") after which they are in default. With your request you must include payment in the princely sum of one of your English Pounds. If they continue in default until thirty days have expired then they have committed an offence under the CCA.

 

At this point the debt is COMPLETELY UNENFORCEABLE.

[seylectric]

I know it's a big ask, but is there any way of collating or condensing this information? This will be of enormous use to me in several cases but I just can't seem to find the time to get my head around it all.

[dolly]

Alan, another quickie as you are the resident expert here

 

If you get the original credit agreement as requested, I assume it is still OK at that point to go on and do the DPA request?

 

Thanks

[alanfromderby]

Alan, another quickie as you are the resident expert here

 

If you get the original credit agreement as requested, I assume it is still OK at that point to go on and do the DPA request?

 

Thanks

 

Yes, the two types of request have no bearing on each other.

 

With my cases I issued a CCA request to the Debt Collection Agenct, and DPA request to the original creditor. In some cases (maybe if you believe that the Debt Collection Agency has added fees) then you may need to send a DPA request to them as well.

[alanfromderby]

I know it's a big ask, but is there any way of collating or condensing this information? This will be of enormous use to me in several cases but I just can't seem to find the time to get my head around it all.

 

What I would say is that it is essential that you do get your head round it, if you intend to follow any of the processes outlined. It is always a possibility that you could find yourself having to justify your actions in front of a District Judge.

 

It is better to understand the process now - than suddenly have to do some serious cramming a week before a court appearance.

[dolly]

Yes, the two types of request have no bearing on each other.

 

With my cases I issued a CCA request to the Debt Collection Agenct, and DPA request to the original creditor. In some cases (maybe if you believe that the Debt Collection Agency has added fees) then you may need to send a DPA request to them as well.

 

Thanks - I know the DCA has added charges as I have a letter with 'Charges - £30' on! I'd like them to prove the debt first though before I issue a DPA. You're a star, thanks again.

[Montague123]

Could someone help me on a couple of things - i have searched the q and a!

 

Firstly a couple of my credit cards have been p[assed to Newmans Debt collection agency. Do i have to continue paying while i am querying the chanrges?

 

Has anyone tackled their mortgage company with regards to charges?

 

Many thnks

[SaudiMail]

I don't think there is much difference between the major building societies and banks these days, so if you've paid excessive charges go for it.

 

I have written to the Bradford & Bingley asking for a breakdown of the charges they imposed before I sold my house. I will definately be pursuing these.

 

The template letters are on this site, just personalise one and send it off with a £10 postal order.

 

Good luck

[Montague123]

Thats really helpful - many thanks

 

We are just changing from Bristol and West - and some of their charges in the past have been ridiculous. Up to £50 a time.

 

Im just a bit nervous until we complete in July to question them?

 

In addition any thoughts on the credit cards that have been passed to the debt collection agency?

 

Thanks again

[alanfromderby]

Could someone help me on a couple of things - i have searched the q and a!

 

Firstly a couple of my credit cards have been p[assed to Newmans Debt collection agency. Do i have to continue paying while i am querying the chanrges?

 

Has anyone tackled their mortgage company with regards to charges?

 

Many thnks

 

You have to keep paying the Debt Collection Agency for the moment. However, it is important to establish that they are the legal owners of the debt. In order to do this you can send the Consumer credit Act request as shown earlier in the thread. Of course, if they default you can then suspend payments.

 

On the Mortgage question - I am currently challenging my mortgage company - however, if you are in arrears or default, there are serious implications to consider. Certainly the same legal issues apply to Building Society charges and fees - but remember that if you upset your lender, they are likely to treat any slight misdemeanour as a chance to hit back.

 

My position is somewhat different in that I believe they will owe me money at the end of the process - and expect to be walking away with the deeds to our house.

[alanfromderby]

Thats really helpful - many thanks

 

We are just changing from Bristol and West - and some of their charges in the past have been ridiculous. Up to £50 a time.

 

Im just a bit nervous until we complete in July to question them?

 

In addition any thoughts on the credit cards that have been passed to the debt collection agency?

 

Thanks again

 

Have a look at my thread re: Bristol & West.

[Montague123]

Thanks so much for your prompt and helpful reply.

 

With regards to Bristol and West - do you think i am better holding fire until our completion with the new mortgage lender?

I am just nervous rocking the boat until then. I have gone through statments over the last 6 years and it appears they owe us nearly 8k.

 

In addition Just commenced proceedings with Capital one and Abbey!

[alanfromderby]

Thanks so much for your prompt and helpful reply.

 

With regards to Bristol and West - do you think i am better holding fire until our completion with the new mortgage lender?

I am just nervous rocking the boat until then. I have gone through statments over the last 6 years and it appears they owe us nearly 8k.

 

In addition Just commenced proceedings with Capital one and Abbey!

 

Just PM'd you on the first issue - seems like you are dealing with all the same organisations that I have been having so much fun with!!!

[Montague123]

Hi again

 

Could i ask why the loan is now unenforceable? I am having problems with a GE capital loan?

 

thanks