Sold and probably defaulted again

[AKrek]

Hi

 

back in 2007 I took a loan from Egg for 25k

I was paying it up to mid 2009 when I lost my job and

 

I defaulted on it,

 

after few months Egg appointed Collect Direct to recover,

but it was a nightmare with them so after few letters they changed it for ARC,

 

in 2011 Egg decided to sell the debt to ARROW GLOBAL and on my credit score I got a second default for the same loan from ARROW,

 

now today (10/04/13) I've been informed that my debt has been sold again to another company - Cabot Financial

 

1. Can I default on the same credit agreement (loan) more than once?

 

2. How can I check what they got on me and what are the items that I should request?

 

3. What are the requirements of a loan contract to be lawful? (Does it need to be sign with my name or a tick in the box on the internet counts instead of it)

 

4. Is there a minimum payment that I have to offer to a recovery company for it to be accepted?

[dx100uk]

1 no! [sure its not just an update?]

 

2 send a cca request

 

3 possibly

 

4 recovery company you mean the fleecing dca's that are chasing you?

 

here is the cca request

 

send if off with a BLANK £1 PO to the last lot to chase you

 

do not sign the letter.

 

they have 12+2 days to reply

 

 

 

The Loan Company

 

Company House,

 

Church Street,

 

Newtown,

 

Kent,

 

R1 7HG

 

 

 

Dear Sir/Madam

 

 

 

Re:- Account/Reference Number 4563210025897412

 

I do not acknowledge any debt with your Company or Associates

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide, including a detailed statement of the account.

 

 

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

 

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

 

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

 

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

 

We look forward to hearing from you.

 

 

 

Yours faithfully

 

Mr A N Other

[AKrek]

Thanks dx100uk for your prompt response it really feels good to know that someone can help you, I been struggling with this for some time now...

[dx100uk]

pdf it.

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[AKrek]

Ok this is what I got from my archive... in about 2 weeks time I should have some info from that debt company as well

 

thx for looking in to it

[dx100uk]

urm..

 

interesting to note you've had several discount offers

 

that means there is something wqrong with it.

 

dx

[AKrek]

I got a phone call today but the lady that I spoken to didn't know nothing about my CCA so I said that I don't want to talk to them till they replay...

 

1. I'm planning on sending the request to them to communicate only by post so I will have some proof for the future, what are the consequences and to whom should I report if the gone ignore that and will keep calling me?

 

2. What to do if the debt recovery company won't keep to 12+2 period for CCA?

 

3. Same one as the previous really just with SAR and 40 days time period?

 

4. Should I keep paying the money to the previous company that was dealing with the debt or make a new arrangement with the new one or wait for CCA and then make a new arrangement?

[dx100uk]

sounds to me that you might be being cash cowed here

 

anyone demanding money from you MUST hold the CCA.

 

fire it off they have 12+2 days LEGALLY to supply it

 

if not

fire off the failure to comply letter

and stop all payments.

 

your pass the parcel story is typical DCA cash cowing MO.

 

lastly.

 

DCA's are NOT BAILIFFS

they have NO SUCH LEGAL POWERS

 

stay off that phone too!

 

only IF AND WHEN a CCA appears and we check it, do you ever consider paying anyone.

 

dx

 

 

everything in writing only..put the phone down.

[AKrek]

I got a response from Cabot today regarding CCA and SAR request..

 

. also last week I've send out SAR requests to all the company's that touched this debt in the past apart from Britannica Recoveries SARL

because I can't get a fix on their address in UK

by the look of it they are based out side of UK as the description of the form of the company in wiki

 

( I couldn't post a link because of the 10 message requirement on the site)

[dx100uk]

ok seems like something slipped through the mess

 

or you didn't read/understand things

 

anyone that is demanding money off of you or whom you are paying

must hold the CCA [bar bank accounts/mobile phone stuff]

 

the SAR goes to whomever the original creditor was

its wasteful to sar everyone

 

dx

[AKrek]

Well I was thinking that CCA is a request to the present DC to present on what grounds he contacted me to collect the debt and that SAR is a request that can be made to anyone? to obtain all the data that he is holding on me (phone calls transcripts, internal reports etc.) from the present and the past?

[dx100uk]

yes but an sar to a dca onlyserves to get the data they have

 

if you've paid them anything

it should be going off the debt to the OC unless it is sold off.

 

but you'll [rarely] get the full account history out of a dca.

 

AND you've NO way of verify the statements have not been 'manipulated'

for want of a better word.

 

HTH

 

dx

[AKrek]

I logged in to my Credit Expert account and the entry for Britannica as I posted (3 from the top in the attachment) its gone, ???? like it never existed, do you think it might be some error or something happened ??

[dx100uk]

try noddle first

see below

might have removed it to hide cash cowing.

 

dx

[AKrek]

yeah its gone on credit expert but its still on noddle... anyway I got today a response from ARC and it got me crossed...

[dx100uk]

you need to sar egg

 

not a dca

 

dx

[AKrek]

Hi yesterday I got some response from Egg/Canada Square Operations but they want my signature so I'm planning to send them this:

 

Dear Sir/Madam

 

 

ACCOUNT/REF NUMBER: ....... Request number ......

 

 

I have received yours letter concerning request number ...... but I don’t accept your reason that my letter to you wasn't sign because as it is clearly visible it was, as to proving my address, it was sufficient when you wrote to me in the past so I expect it to be now as well.

 

Please understand that my purpose is not to educate lawyers from a Banking Corporation it is only to obtain all the data as requested in my SAR, however if you want me to do that please enclose a check for £500 for my time that I will spend preparing the necessary information so you can educate your staff in regards to signatures on documents.

 

Please comply with the original SAR request within the original time scale, if you do not I will have no other choice but to report you to appropriate institutions and government agencies.

 

Ignorantia iuris nocet

Ignorantia legis non excusat

Edited May 19, 2013 by AKrek

[dx100uk]

as you wanthe info i'd not antagonise them.

 

simply send a utils bill and sign the letter.

 

I take you haven't moved

 

dx