lots of debts - help!

[BRIGADIER2JCS]

Variation on the pre Xmas begging letter of a few years ago.

[ratbag1970]

Update: Had 2 more response letters through, DM & 1st Credit have asked for copies to be sent to them and will revert to me once they've been received. Nothing as yet from CL Finance, AIC, Cabot or Capquest.

[dx100uk]

well once any are 12+2 working days old with no cca sent to you

 

you can fire off the failure to comply letter

and safely stop any payments to them

if you are making any

 

dx

[dx100uk]

That would pretty much apply to all the accounts!!!

 

For example loyds tsb:

being overdrawn was created by letter charges (which I believe at the time were £25 each,)

unauthorised overdraft charges, returned DD charges which were £38 a time!!

all this amassed to a huge £900 at the at the time,

 

I did manage to get them to remove some of the charges at the time.

 

But that's what most of them were.

 

The bank piling charges on my account, then charging for unauthorized overdrafts

then charging me for writing a letter to tell me I had an unauthorized overdraft..........

.......start the cycle again the next month!!!

 

Same with Cap1.

Payment late one month so charge for that next month,

admin fee, default charge, interest & PPI etc.

 

They refused to negotiate on the phone or by letter and when we went to the CAB Debt advisor

they handed it straight over to a DCA.

 

any PENALTY charges can be reclaimed

as well as PPI

 

dx

[ratbag1970]

Thanks dx, I know there are a lot of charges to be reclaimed, I'm just not up to dealing with it. I don't think I could cope with the stress of it all.

[dx100uk]

its easy!!

 

either read my links below

 

or look for a charges reclaim thread here.

 

dx

[ratbag1970]

Morning!!

 

All has been quiet so far, awaiting responses.

 

Got a letter from Capquest this morning which reads as follows:

 

We thank you for your recent Correspondance.

We can inform you that we are now in receipt of the copy agreement you requested from our client.

 

In accordance with the Data Protection Act 1998,

we require you to contact us as soon as possible on XXXX XXX XXXX to confirm important security information.

We will be unable to send you the documents until you have done this.

 

We look forward to hearing from you.

 

So question is how do we deal with this?

 

Obviously don't really want to ring them unless we absolutely have to.

 

Thanks in advance.

[dx100uk]

haha silly fools!

 

so they dont even know if you are the right person to regarding this debt!!

 

idiots.

 

pers i'd write back stating that unless you get the paperwork

 

within 12=2 days from your ORIGINAL request

 

you will be stopping payments.

 

quite happy to fleece you all these years

but now doubt you ARE that person!!

 

incredible!!

 

dx

[ratbag1970]

That's what I thought. Is there any kind of template for this in the Library?

[dx100uk]

nope not for that

 

short and sweet reply as above

 

else just fire off the failure to comply letter..

 

i'd get an sar off to the OC PDQ.

 

as soon as they findout they've been rumbled

 

they'll distroy your data so you cant reclaim the PENATLY charges & poss PPI.

 

and on cat account thats normal in the £100's

if not +£1k for an account of that age

 

dx

[ratbag1970]

Okie dokie. On it now and will post letter out today. Cheers DX, will update as and when hopefully all this will be helpful to others.

[ratbag1970]

How does this sound?? Too much or too little?

 

I write to you with reference to your letter dated 13th December 2012 requesting that I call your office with regard to “Confirming important security information.”

I would like to point out to you that you have been happy to send and receive all correspondence to me, at the above address for the past 2 years.

If there is any doubt that I am the person to whom this debt belongs, that you should return to the account to your client.

 

I would also like to remind you that you have 12+2 days to comply with the CCA request. After this time the account will fall into dispute.

I would also like to take this opportunity to make you aware that I will only partake in correspondence with you via letter.

 

 

We look forward to hearing from you.

 

[dx100uk]

if they have already failed the 12+2 Working days CCa request.

 

remind them that any/all payments will cease on this alleged debt

 

head the letter

 

i ack no debt to your company

 

dx

[ratbag1970]

Ok, I'm now writing out the "Failure to comply" letters. Tracked all the letters to see dates of delivery but have 3 that don't appear to have been signed for or delivered. I sent all the letters to Registered Offices as I thought it was silly to send them to PO Box numbers. How do I deal with the 3 that haven't been delivered? Just checking now to see if the Postal orders have been cashed.

[ratbag1970]

Amazing,

 

letters are showing on PO web as still progressing through the system and yet the Postal orders were cashed on the 5th, 6th & 19th of December

 

so I'll assume they all received the CCA requests.

 

Unfortunately I don't have a delivery date for the failure to comply letters.

 

Do I give them 12+2 from the date they cashed the PO's or from the date the requests were made?

 

as I have no proof of delivery date.

Edited December 20, 2012 by ratbag1970
Additional info

[dx100uk]

day you sent them.

 

thats what the +2 days is for [12+2 working days]

 

just remember that just because they have failed and you can stop any payments

 

it doesn't stop them finding a valid CCA later.

 

however remote that is!!

 

dx

[dx100uk]

get that sar off too.

 

dx

[ratbag1970]

Righto. I'm prepared for them finding the CCA's. If they do, then I shall SAR those creditors first. I know there are fees, charges and PPi on nearly all of them to reclaim so it might be in their best interests not to produce them Do I send them signed for again?

 

Trying to hold off sending out SAR requests, I know £10 isn't much to some but it's a lot to me and I can't really spare it unless I have to.

Edited December 20, 2012 by ratbag1970
Additional info

[dx100uk]

no 2nd class proof of posting will do

 

dx

[ratbag1970]

Lovely, thanks DX. Will, as usual, keep every up to date

[ratbag1970]

Got a lovely letter from Cabot this morning dated 12th Dec,

saying that

 

"We anticipate that we will be able to provide this information within 40 days.

In the event we are unlikely to obtain this information within this time frame, we will write to you accordingly."

 

Isn't that nice, but I thought they needed to provide it within 12+2??? Am I missing something?

 

They've also added around £700 onto the balance that was on the last statement!!!!

Edited December 21, 2012 by ratbag1970
Additional info

[dx100uk]

ruddy fleecers

 

they have !2+2 days....end of!!

[ratbag1970]

Can they actually add that extra on? They claim it's interest?

[dx100uk]

the must OWN the debt to do that

 

and it must be within the original T&C's

 

i very much doubt it.

 

dx

[ratbag1970]

UPDATE:

We have received a couple of letters back. One surprisingly from Lowell acting for CAP1. They have provided a copy of the original signed agreement and all the T&C's. On the agreement is a box ticked saying enrol me in the Payment Protection Scheme, but effectively they told my hubby he HAD to sign or they wouldn't accept is application.

We're going to send an SAR as clearly they have all the info dating back to Oct 2000 when the account was opened so hopefully we'll be able to claw back any PPI and charges etc. What letter do we send to Lowel? Clearly we're not going to continue to pay as we know if we can claim back everything, Cap1 is likely to owe us money!!

 

Second letter was from DM acting on behalf of Redcat's Brands, catalogue but don't know which one, I can't remember. I'll re-produce the letter as I have no way to upload it:

 

REDCATS

 

Dear Sir/Madam.

Your request for a Copy of a Credit Agreement on behalf of MRS XXXXXX

Thank you for your letter, which was received on 6th Dec 2012

 

We have checked our records and have been unable to locate a signed agreement.

A copy will have been sent to MRS XXXX for signature when the account was

opened in accordance with our standard process.

 

I enclose a copy of the agreement that will have been sent to MRS XXXX when

the account was opened which governs the account, subject to any to any variations

subsequently notified, e.g. changes to interest rates. Terms and conditions are also

available on our website and in our catalogues.

 

Please see below for a summary of the account:

 

(Table of balance, start date etc)

 

Yours sincerely,

 

Blah blah.

 

Whats the next step with this one please?

 

Thanks in advance for your help