British credit trust demanding money

[feelinglow]

Hi Every1

 

Think this is in the right forum sorry in advance if it isn't.

 

I received this letter off of BCT this morning and I'm a bit confused.

 

I brought a car through a garage some years ago and they used BCT to finance it...

my health took a turn for the worse and I couldn't afford the repayments anymore

 

I rang BCT and explained to them my circumstances and

they agreed to have car back too sell at auction which then would come off the bill and

 

I would have to pay remainder in installments they wasn't happy with my offer of £10 aweek so

 

they took me to court

 

I didn't fight it but I made an offer of £5 aweek and the courts excepted it so was happy with that outcome.

 

There was a direct debit set up with a company called Control Account for £5 aweek on the 13/04/2005

now this as been coming out my bank ever since.

 

Last year sometime I can't remember when I got a call off BCT saying that I owed them money

and they wanted me to set up a direct debit with them to pay it back ?

 

I said no I'm already paying you back through a court order made out too Control Account,

they said they were not going to be using that company anymore

and that I could set up a direct debit with them instead..

 

So again I said no I pay £5 aweek through a court order which you chose to do in the first place

it's not my problem that you aren't going to use them anymore I am not breaking my court order

which is what I would be doing if I paid you direct instead..

 

. with this she gave her appology's and said she would check with their legal department then went..

 

Never heard off of them again...

 

Now today I got a letter of off them out of the blue and this is what it said....

 

http://i401.photobucket.com/albums/pp94/badger1964_2008/BCT.jpg

 

Now what I would like to know is how they came about these figures for a start off ??

 

To be honest I can't remember the cost of the car but it was an R reg 1997 vauxhall frontera sport tdi

and it sure wasn't that much even with interest,

 

I'm not 100% sure but there might have been gap insurance added onto it

but even then it should not of been that much still,

has I wouldn't of brought the car in the first place.

 

Also after checking my credit file today there is nothing on there either

even though I have been paying this £5 aweek direct debit

and I have never missed a payment on it.

.this is a shot of my credit file as of today..

 

http://i401.photobucket.com/albums/pp94/badger1964_2008/credfile2.jpg

 

As you can see there is no mention of any court order,

which I thought there might be as I pay it every week the only thing bad on there is HFC

which is being sorted in another thread.

 

how can I find out the actual cost of the finance,

would it be best to send BCT a CCA or SAR ?

 

Also is gap classed as PPI ? Could I make a claim even though this went to court.

 

Thanks for looking and I hope some1 can help me with this thx in advance.

 

Regards

FL

[havinastella]

Hi feeling,

 

No point sending a CCA request as this has been to Court, shame you didn't fight it then.

 

Send them the SAR letter inc £10 and start to reclaim the charges and hopefully PPI when you get your reply.

 

Does what you owe them tally with what they say you owe them?

 

Jogs

[feelinglow]

Site's having problems today keep having page load problems and getting this message ( The The Consumer Forums database has encountered a problem.) Please contact them.

 

Hi havingastella

 

Wish I had known about this site back then or I would have to be honest..

 

When they phoned last year the amount of money wasn't mentioned just the fact that they wanted me to do the direct debit with them instead of Control Account..

 

Thanks havingastella I'll get the SAR sorted and in the post tomorrow morning.

 

Regards

FL

[feelinglow]

Their address is a P.O BOX so I can't send it recorded signed for... Would just recorded delivery be ok

 

Regards

[havinastella]

Their address is a P.O BOX so I can't send it recorded signed for... Would just recorded delivery be ok

 

Regards

 

Yes, although most big companies just sign the book so it may not show up as delivered.

 

Send a cheque or postal order, so you can prove it was cashed.

 

Do the figures that you posted up marry up with the Court order and payments towards the Court order?

 

JOgs

[feelinglow]

Do the figures that you posted up marry up with the Court order and payments towards the Court order?

 

I honestly can't remember what the court numbers were but it wasn't that high.

. once I had set up the direct debit I just forgot about it until the phone call..

 

Once I had put them straight on that I never gave it another thought again till the letter today.

 

I've got no paper work on this at all it must of got thrown out over the years c

ause I thought it was sorted with the court order that I already had,

so never expected to hear anything from them again. as I was paying it and still am.

But the way their letter is worded you would think this had only just happened and not something from 2005.

 

How can they threaten me with court or dca's when its already been to court

and I've never missed a payment, it's been paid every week since 2005 ?

 

the only reason they won't this is because they don't use the company that

i'm paying the debt too anymore so how's that my problem.

 

Regards

[42man]

They will find it hard to take you to court especially so as you are still paying (do keep paying) if they try to take you to court then do let us know....A judge will not allow any further action as you are keeping to the court order (promissiary estoppel - i.e they are unable to do any more as you are keeping to the repayments), however you must send a SAR to find out about the charges and any potentially missold PPI...keep us posted.

[feelinglow]

Hi

 

Thx havingastella and 42man sent the SAR off this morning will just await their reply now..

Just 1 thing if they phone me again which I'm sure they will once they receive the SAR what reply shell I give them this time ? not the 1 I would like to obviously lol.

 

Regards

FL

[havinastella]

Hi

 

Thx havingastella and 42man sent the SAR off this morning will just await their reply now..

Just 1 thing if they phone me again which I'm sure they will once they receive the SAR what reply shell I give them this time ? not the 1 I would like to obviously lol.

 

Regards

FL

 

 

Yes, that one

[feelinglow]

hahahaha yep no probs lol

[feelinglow]

Hi All

 

Well got stuff through today off of BCT very quick for a change.. Well seems like thety have been playing with the figures and having a laff at my expense the original price was £11,382.16.

Now it was down to £3,324.67 on the 14/06/2010 BUT they decided to put on a late payment surcharge of £7,326.85 on 22/11/2010 ????

it was going through court same day every week for years so to speak where did they get that figure from ??? they are having a laugh !!!

 

This is the contract..

 

http://i401.photobucket.com/albums/pp94/badger1964_2008/2%20DAYS%20LATER/BCT/img023.jpg

http://i401.photobucket.com/albums/pp94/badger1964_2008/2%20DAYS%20LATER/BCT/img024.jpg

 

This is the repayment list..

 

http://s401.photobucket.com/albums/pp94/badger1964_2008/2%20DAYS%20LATER/BCT/

 

On page 8 is where they have added the late payment surcharge of £7,326.85

 

Hope I'm seeing it right cause they are out of order..

 

Thx for looking

Speak soon

Regards

FL

[havinastella]

Hiya again FL,

 

I think we really need to see a copy of the court order now to see exactly what it says!

[feelinglow]

Hi havinastella

 

Where do I get a copy of that from and how do I go about it ? as I mentioned before I have nothing at all on this as it was /is being paid through direct debit so never kept anything on it as it was sorted..

 

This went to court middle of 2004 and as been paid by DB every week ever since with no payment missed. They have slapped that extra £7,326.85 in 2010 for late payment how do they work that out ?

 

Regards

FL

Edited May 30, 2012 by feelinglow

[havinastella]

I take it that this went uncontested via Northampton Bulk Claim!

 

Maybe phoning them in the morning and asking may be the way to go.

 

Secondly, BCT SAR response should have had all that information and it does not. So I would be sending them the SAR follow up letter.

[feelinglow]

Hi havingastella

 

Yes I think it was northampton courts and no I didn't contest it.. I was just looking on the court website to see if there was any info on there and a way of finding out lol.

 

No all BCT sent me was what I have put up nothing else. maybe they haven't got it themselfs thats why they have suddenly started hassling me.

Will find follow up letter and send that to them tomorrow.. thankyou

[havinastella]

Post back if you need a link, I'm in the middle of paperwork at mo.

[feelinglow]

Would really appreciate the link please been looking around since last post u put up... Thx

[havinastella]

Did you send this one??

 

http://www.consumeractiongroup.co.uk/forum/content.php?417-A-Subject-Access-Request-for

 

or this one

 

http://www.consumeractiongroup.co.uk/forum/content.php?552-Data-Protection

 

You need something like this, listing everything they did not send (we don't need it, but lets make them work for your £10)

DSAR Reference: xxxxxxxxxx

 

Account Number: xxxxxxxxxxxxxxxxxxx

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated xxxxxxxxxx. The disclosure of personal data is incomplete in that at least the following documents are missing.

 

1) You have failed to provide a True Copy of the Consumer Credit Agreement.

2) xxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxx

3)xxxxxxxxxxxxxxxxxxxxxxx xxxxxxxx

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject access request within 7 days, I shall apply to the county court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours sincerely/faithfully,

 

xxxxxxxxxx

 

 

Don't forget to list you require all Court paperwork, Default notices, termination notice, Papers showing the sale of the car and amount received for it, EVERYTHING you can remember.

 

Jogs

[feelinglow]

Thx havinastella will post that off tomoz

 

Regards

FL

[havinastella]

Make sure you edit it to meet your needs!

 

IE, time has now expired is not corrent on that one, so you need to change it. Post it up before you post it so we can pick it apart, no point rushing it

[feelinglow]

May 30, 2012

 

 

 

 

British Credit Trust

P.O Box 392

Slough

SL1 1ED

 

 

Agreement Number: XXXXX

 

 

 

 

RE: Subject access request

 

Dear Sir/Madam

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated May 23, 2012. The disclosure of personal data is incomplete in that at least the following documents are missing.

 

 

1) I require all Court paperwork relevant to account number: xxxx,

 

2) True copies of any notice of assignment and default notices or enforcement notice that you/or name of the original creditor sent me, with a copy of any proof of postage that you hold.

 

3) All Papers showing the sale of the car and amount received for it.

 

4) Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

5) A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

6) A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007)

 

Yours sincerely,

XXXXX

 

 

 

 

Think thats everything really, they got £1900 at auction according to the paper work I put up but that only taking there word for it.

If the above is ok I'll post it of tomorrow morning.

 

Regards

FL

Edited May 30, 2012 by feelinglow
Added more text

[feelinglow]

Hi All

 

Had response from BCT today considering they should of sent this lot b4 and the last letter I had was surposed to be everything they had on me but anyway here it is.. oh and with more different figures.. They still haven't sent the orginal court order either but they did say again this was everything they have on me and they will not be responding to any futher demands by me !!! The cheek of it they are trying to rip me off by saying I owed them 20 grand lying **** bags...

 

http://s401.photobucket.com/albums/pp94/badger1964_2008/2%20DAYS%20LATER/BCT/Bct/

 

I was wondering because BCT are holding back the court papers making out they haven't got anything else about me which they have, what if I was to send Control Account the company who I pay the direct debit to every week ? Would they hold any court papers regarding the bill since I pay the money to them every week and then they send it to BCT ?

 

Regards

FL

[havinastella]

Seems funny they can find the SJ for the car but nothing that relates to Monies owed.

 

I'd give the Court a ring now you have the case number and ask what you need to do to get full copies of the paperwork on this case!

 

Whatever happens it seems unlikely they'll get the extra 10k they are after

[feelinglow]

Thx havinastella will give them a ring in the morning see what they say

 

Regards

FL

[feelinglow]

Hi havinastella

 

Well I phoned control account today the people who I actually pay the money to and surprize surprize BCT are trying to con me !!!!

 

The actual debt I was taken to court for was.... wait for it.... £4570.68p that is all I ever owed them and what I actually owe now is £1980.68p !!!!

 

I have never owed them £20,948.00 and I don't owe them £10,207.52 which is what they say I owe... The car with the interest was only £11,382.52 when I brought it in the first place... As far as control account are concerned the debt is being paid and is running the way it should be, so there are no problems with it..

I have asked them to send me the details in writing as proof so should get that early next week some time..

 

Now surely there must be some legal thing I can have them on in return for them trying to con me by lying about what I owed or owe them ?? Can't let them get away with something like this as there might be others who have been conned in the same way and not realized what they did ??

 

Speak Soon

Regards

FL