Me and My Debts.

[zulu123]

Hello and I am posting for the first time on here ,

although I have been following for a while.

 

 

I have over 20 cards and loans

 

I went through awful phone haressment for many months, now on DMP ,

everything has now been SAR'd.

I have all my files back from the various finance organisations.

I brought a trucall unit recently from the help of this forum

 

I now need to take it to the next level

can someone please guide me to where I need to go ,

currently all unsecured is with DMP, an secured I did all myself.

 

Some of the SAR's show me that some lenders did not send all statement copies (some did)

 

some sent statement entries but omitted all charges an interest.

an some did not send copy of signed agreement,

one sent a reconstituted copy of agreement.

 

Note none are recent

 

First I will start with is capital one credit card from the sar returned (has a re constituted agreement ),

they did not send statement copies but send a print out of entries (omitting interest )

 

I did look for credit card section but could not find it

Any help would be welcome.

[dx100uk]

I hope you DMP is not fee paying?

more details on the account please with cap1

how old

when taken out

last payment

is it on your CRa file?

date defaulted

 

dx

[BRIGADIER2JCS]

A quick point, there is no obligation on a creditor to supply an agreement with a SAR, this is covered by sections 77/78 of the Consumer Credit Act 1974.

Occasionally a creditor will supply one.

 

The Cap 1 credit card ''recon'' agreement what does this consists of please?

Did you specifically ask for all statements?

If you did then challenge the company to produce ALL statements from the inception of the account, write to the data controller about this.

[zulu123]

dx thanks for your reply the dmp suited me an my situation at the time an was fee paying , although i cannot fault them they have helped me a lot.

 

 

how old - approx 8 years

when taken out - 2005

last payment - april 2013

is it on your CRa file? - yes inc default info

date defaulted - 2010

 

Brigadier

thanks foryour reply also,

 

The Cap 1 credit card ''recon'' agreement what does this consists of please?

- they have sent me 2 copies each is slightly different, both have the first page of credit agreement identical is signed by them an I then page 2 with rate an small print , on the other copy has 5 pages of small print , then current agreement with 6 pages of small print

Did you specifically ask for all statements? If you did then challenge the company to produce ALL statements from the inception of the account, write to the data controller about this.

- I requested all statements in the SAR request an made a point of requesting the credit card statements ( as many previous sars to other creditors have not sent statement copies also).

I can go in more detail but woud prefer to pm / not go public with exact dates.

Edited April 29, 2013 by zulu123
additonal info located an added into answer for question

[BRIGADIER2JCS]

You can PM Dx100 member of the site team I think.

[dx100uk]

the info you posted had been posted by numerous other members here

 

its not worth hiding

post it here.

 

all very good sending sar's out

 

but have you CCA'd ALL your creditors

 

I am concerned many maybe cash cowing you.

 

get those CCA's done

 

get out of that fee paying DMP

 

get your cra file

 

ENSURE all your debts SHOW.

 

dx

[zulu123]

No I have not CCA'd all my creditors I can do that next I just am not clear if it is something I should just go an do or have to do anything else first?

 

I have read the CCA template letter N , I notice more recently from doing the SAR's that many organisations no longer sign to acknoledge delivery of the letter (registered), even after phoning some will not acknoledge should I be sending these special delivery? ,

 

It would be nice is there was a thread that showed all the steps.

 

Z.

[BRIGADIER2JCS]

Royal Mail recorded/signed for delivery, here's a tip DO NOT use PO Box numbers in the address check the full HO address.

[zulu123]

In addition to my last post , and reading this cca request

is this the same agreement that will come within the SAR

what is the reason for going again an doing the CCA? (an asking for the them just to send the same agreement again? )

Ensure all my debts show where?

do you mean on the CRA file?

it appears that they are all there in the CRA file ,

what benefit is this to having them SHOW?

I really need more info or a link or a phrase to search on. really it is not clear right now.

many are PO Box numbers lenders love to use PO Box's, the main ones i find are from ico.gov but even here they are not always the right ones.

I know there is a list here but a few in the list are outdated I will update them when i get some time (but with PO Box nos?)

 

Z.

[BRIGADIER2JCS]

Just google the head/registered office of the DCA or creditor.

I a debt does not show on CRA files it can mean that more than 6 years have elapsed since the default was placed all defaulted accounts are removed at this point paid or not!

[zulu123]

Ok I understand what you are saying , if they DO NOT SEND credit agreement (in the SAR ) then I should CCA them . -- Ok I understand it now

 

the entries are all in the CRA's so nothing has dropped off yet (another 3 years to go on that) now the DMP issue i have is with over 20 creditors if i just turn it off i will get flooded with letters and calls an do not have time to deal with them all at once, luckily I can tell DMP to stop one by one

 

1) when should I stop paying a creditor?

2) ( when they cannot provide signed agreement is that it ? ) - if they did not provide signed agreement I then do a CCA an then

3) if they do not provide do i then stop paying ?

 

thanks for responses so far

Z.

[dx100uk]

you send this to EVERY company/DCA you are currently paying:

CCA request.....

they have 12+2 days to reply

if they FAIL that deadline...

you STOP PAYING THEM ANYTHING

you sadly cannot CCA bank account/mobile phone debts

as a guide to us and you

can you list your debts

and who you currently pay that debt too

 

dx

[BRIGADIER2JCS]

There is no obligation for a creditor to send a copy of the agreement with a SAR, the ICO says that it ''might expect'' one to be provided, but there is no specific obligation so to do.

Lets get a few points clear.

 

1. Non production of an agreement means only that a judgement in regard to the debt cannot be enforced in court.

2. The debt still exists is collectable by all means short of enforcement action.

3.The Creditor/DCA will continue to report to the credit reference agencies.

4. Sections 77/78 of CCA 1974 provides for a debtor to obtain a copy of a regulated agreement any documents mentioned in it and a current statement of the account, this statement is basically how much is outstanding it does not supply historical statements.

The lack of a CCA no longer has the depth of effect on the viability of the debt being pursued for payment and certainly cannot now be viewed as a way of avoiding the debt.

[zulu123]

Thanks for your responses it is becoming clearer now what I need to do.

 

dx where shall I list all the debts? here? or different or new thread?

Z.

[dx100uk]

here for now

 

dx

[fletch70]

Once you get your cca requests back,if you do,then you can look at the enforceability of each one. Something to remember is that an online application from 2005 or after is usually valid as a tick classes as a signature. Prior to that a cca requests does not need a signature but they should hold the original to enforce.

[Desperate Daniella]

Hi zulu123,

 

Are you dealing with Capital One directly or a DCA? If so, which one?

 

DD

[zulu123]

thanks for your replies ,

capital one as far as i know there is no DCA on that.

here is full list notepad++ is application best to view this I tried to paste info here but it loses the layout.

One other I missed off the list is co-op bank that is one where the sar returned only 4 statements!!! (despite over 70 statements generated since inception) , I have read other CAG'ers have had issues with them with SAR's also.

Edited May 3, 2013 by zulu123
additional items missing in file

[zulu123]

an interesting point with the phone calls / harassment , my experience is that they still call when they like sometimes , I always write them back an state communication is writing only ( not phone) , they often ignore , then I raise a complaint , then they 8 weeks later say they are complying with regulations , what is OFCOM doing an OFT about all this harassment with phone calls?

in the end I brought a Trucall unit as recommended by other posters on here , it helps a lot!

 

One way out is when they call to change number on file to one digit out , but there must be a better way out there.

[zulu123]

IF they send you statements, has anyone been able to get capital one to send all their statements ?

[BRIGADIER2JCS]

Yes by using a SAR.

[dx100uk]

tbh I think your problem or level ofdebt is far too wide

and p'haps NDL might be better

or one of the other free debt charities.

unles you split them off into their own threads

 

overall do you think you have PPI/Penalty charges to get back.

 

dx

[fletch70]

Hi

20 creditors is a lot to deal with and depending on what you want out of it may depend on what you want to do. If you are looking at enforceability or not of the debts or reclaiming the charities won't be much use. If you intend to pay everything you can do it yourself if you have the time and will power. You would need to be organised and to start with be able to commit some serious time to it. I file everything that is sent or received as well as scanning it and keeping it in Google docs as a back up.

All down to you

BTW i have 30 creditors and no job so it's a bit different for me as i have time.

[BRIGADIER2JCS]

I agree as dx says NDL is a good move, face to face advice and then you can deal with these debts bin a structured way.

[Desperate Daniella]

Hi Zulu,

 

The advantage of using NDL or Stepchange is that they make it clear to all the creditors that there is only so much money in the pot, they all have to take their share, and no-one gets to jump the queue by bullying you. Banks/DCAs generally treat them with more respect than they treat you.

 

However, as fletch points out above, the charities won't help you with reclaiming, or checking and challenging enforceability, or anything like that; they'll just help you to arrange a payment plan you can afford.

 

However, if you want to do this yourself I really think you need to start a separate thread for each debt. You can do this by yourself, but you'll have to commit yourself to reading a lot of threads for each debt as this will give you the knowledge you need to get organized, and also it will bring people to your threads who have already dealt with the particular bank or DCA. From what you learn you'll be able to decide how to handle each particular creditor.

 

It will be impossible to handle all your debts as a 'job lot' on one thread, so it's now up to you to decide which way you want to go. You need to be quite robust in your dealings with the banks/DCAs if you do this yourself. If you go through a charity then they do keep the nastier DCAs in line.

 

DD