DCA - request for handholding (sorry)

[Tygermoth]

Hello there All,

 

I hope you don’t mind me another thread relating to DCA but I would like to ask some questions about how i go about dealing with them and expected outcomes.

 

I was a uni student and defaulted in my last year on a student loan. I buried my head in the sand after leaving uni as my finances were just dire. However years on and I have got my arse in gear and sorted all my money out, paid off all my debts except one.......to Credit Security (A Cabot clone)

 

The original student loan was taken out in 97 for £1000 I have paid over the years at least that amount back and Credit Security still have me owing £1900.

 

Now this is ENTIRLY my fault I was the one who hid from my debts, chose to stay uninformed and didn’t grow some balls to get it sorted, but I would like to pay this back. BUT only what I have to, not an amount inflated by charges and fees.

 

I have got my head round the bank charges issue and have that under control - but just can’t see how the DCA are wrong and how i can argue that they are wrong. For example they have the debt - I pay it off. In the Bank charges issue the OFT ruled it’s unlawful but the DCA are just doing their job....

 

Also the original agreement request - what’s all this about...how does that enable me to get the debt ironed out to what is owed?

 

I’m sorry if I am being dim and I was just hoping you could help me get my head around what I need to do and what the DCA need to do.

 

Kindest regards and thank you for your time.

 

Tyger

[Tygermoth]

Not going for the sob story here but i am a very (and i mean very) bad dyslexic and i do better if things are 'explained' to me conversationaly rather than in heavly worded text - also i have just as bad discalculus so i hate working with numbers.

 

So if anyone would be kind enough to take the time to 'walk' me through the procedure it i would fall down and worship them!

 

Thanks again

 

Tyger

[colour-me-happy]

Hi Tyger, I *think* the process for getting the charge information is the same as with the banks.

 

I remember seeing a thread with some info on a few days ago ....... give me a little while and I will have a hunt round and see what I can find.

 

xx

[colour-me-happy]

This might be useful, I was never clever enough for Uni so have had no experience with student loans but if it has been sold to a DCA I would imagine the same principle applies..............

 

Courtesty of Seminole

 

Default Re: Debt Collection Agencies

It is also worth asking them to supply a true copy of the original signed agreement. You need to request this under Consumer Credit Act and send a postal order (not a cheque if you can avoid it) for £1. The following text is nicked from the debthelpuk forum:

 

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

The deed of assignment line should only be used if the debt has been purchased by a debt collection agency. If they fail to provide the copy agreement within 12 days then court action can only take place with permission of a judge. After 30 days the creditor commits a criminal offence and can be reported to the OFT and Trading Standards.

 

Cabot are, to it mildly, debt buying parasites who scavenge through the trash of the financial service industry hoping to pick up a few tasty morsels. Challenge everything they do. If you think the debt is statute barred, challenge them to provide that it is isn't. Challenge them to produce a copy of the original agreement. If they start charging interest challenge them to prove that it says they can do this in the original agreement. Above all. if they have purchased a debt which includes penalty charges, challenge them over this. If the debt is actually exceeded by the penalty charges they have levied, go through the process set out on this site and get the excess back.

 

I loathe and detest Cabot and everything they stand for. If anyone is having problems with them, please feel free to pm me as I am more than happy to help.

 

 

 

I know it is not what you were looking for but there is a lot of info to break down... sorry

 

Hope it helps a bit.

[Tygermoth]

Thanks for your help Colour-me-happy , i had found the above mentioned thread and that kinda made me realise you could contest the O/S amount - but i just COULD not work out on what grounds you can contest - I have gone through and through the thread and im still not getting it.

 

the way i see it:

 

1 i get loan and then default..

2 the bank contact me but situation is dire so i go ostrich

3 Passed to a DCA

4 as they are a service they charge fees (how is that wrong)

5 i wake up to the fact im paying but debt is not getting smaller

6 i request the info - but they will just contest and say the fees were built up

 

how do i argue that i have paid over and above the orginal ammount and you rude condesending utter barstewards aint getting any more of my meager earnings?

 

 

 

 

AAARRRGG - i need shooting

 

Tyger

[Tygermoth]

Oh btw i tried to PM both Colour me happy and Seminole and i keep getting told that i have to wait 60 secs between messages - but i havent sent one yet and it wont send the one pending as it keeps me waiting 60 secs.

 

 

Tyger

[colour-me-happy]

Thanks for your help Colour-me-happy , i had found the above mentioned thread and that kinda made me realise you could contest the O/S amount - but i just COULD not work out on what grounds you can contest - I have gone through and through the thread and im still not getting it.

 

the way i see it:

 

1 i get loan and then default..

2 the bank contact me but situation is dire so i go ostrich

3 Passed to a DCA

4 as they are a service they charge fees (how is that wrong)

5 i wake up to the fact im paying but debt is not getting smaller

6 i request the info - but they will just contest and say the fees were built up

 

how do i argue that i have paid over and above the orginal ammount and you rude condesending utter barstewards aint getting any more of my meager earnings?

 

 

 

 

AAARRRGG - i need shooting

 

Tyger

 

I think the key is what their fees are for, I would take it one step at a time, get the info as detailed by Seminole and then see what their fees are for, I *think* (I do a lot of that!) if the charge is disproportionate (sp) to your "crime" then it is classed as unfair in the same way as the bank charges, then you follow the advise given for reclaiming the charges.

 

Tell me to get lost if I'm not helping!

[colour-me-happy]

Oh btw i tried to PM both Colour me happy and Seminole and i keep getting told that i have to wait 60 secs between messages - but i havent sent one yet and it wont send the one pending as it keeps me waiting 60 secs.

 

 

Tyger

 

I think there may be a problem, I've just tried to send you one!

 

It was just to say thanks!

[Tygermoth]

Aha! the one step at a time aproach - now that i can handle!

 

Letter will go in the post tomorrow.

 

mmmm ill have to go back and look over all my DCAs. I had a fair few after Uni and have just paid most off so if i can reclaim some charges ill be happy.

 

Once again, Thank you

 

Tyger

[colour-me-happy]

Good luck, hope you get it sorted.

[Tygermoth]

I am in the process of typing up letters to go out but I have hit a snag or two:

 

1. the letter (above) stolen from a post by Seminole states 'I do not acknowledge any debt' however I have had dealings with 6 DCA and paid all in full - so saying I do not acknowledge your debt sound a tad stupid. Is it in there for legal/rebuff reasons? Does it need to stay?

 

2. One DCA relates to an overpayment by the council of housing benefit (long, long story with the council being utterly utterly incompetent) I have no 'credit agreement' with the council as this was for benefits not a loan - is this still valid?

 

I repeat - so sorry for all the questions.... ill make it worth you while with a fat donation when the pennies come in lolol

 

Thanks again

 

Tyger

[Tygermoth]

Taking Colour - me - Happys' advice i have decided to only chase the 'live' debt i have at the moment with credsec. have sent a DPA request and also asked for all the info on the template letter by seminole.

 

I will see how this one goes before takling all the rest whom i have settled (6 or so)

 

Thanks for your help guys.

 

It takes me a little while to get my head round an idea sometimes

 

Tyger

[Tygermoth]

Now started my own thread in 'other institutions'

[brandedcentaur]

Now started my own thread in 'other institutions'

 

I am so sorry if this sounds totally thick - but WHERE is the thingy for starting a new thread? I don't want to hijack anyone else' thread & I have a problem with DCAs since starting this reclaiming malarkey! :o

[barracad]

I am so sorry if this sounds totally thick - but WHERE is the thingy for starting a new thread? I don't want to hijack anyone else' thread & I have a problem with DCAs since starting this reclaiming malarkey! :o

 

Go in to the relevant forum and click 'New Thread' at the top of the page.

[Movingon]

I am so sorry if this sounds totally thick - but WHERE is the thingy for starting a new thread? I don't want to hijack anyone else' thread & I have a problem with DCAs since starting this reclaiming malarkey! :o

 

Just above the "threads in forum" heading, there's a button with an inkpot and quill which says "New Thread"... that's the baby right there

[Tygermoth]

Hello all,

 

Well not sure what to do now - this has kind of stalled.

 

sent off the DPA and CCA 2 weeks ago(the second lot, they 'lost' the first) have conf that recived by recorded delivery.

 

two weeks on and they have not banked the cheques...no letters no calls nothing....

 

Now i read somewhere that DPA does not start till the cheques are banked?

 

could someone advise? i would like to know if i now need to send the con-complience letter and start to make court noises.

 

Thanks again

 

Tyger

 

(posted here as my thread in other institutions seems to have vanished)

[barracad]

The 40 days starts from when they receive payment, not from when they cash it.

[secretarybird]

help! i am looking for the letter template to ask bank for list of charges and transactions on my account. can someone tell me how to access it please! thanks.

[Movingon]

Go back to the main forum screen. Look in the section with green headings for "Bank Template Library". Click on that, and then click on "DPA Letter - Consumer version" - hey presto...

[secretarybird]

Hey thanks for that! Also is the £10 cheque accompanying this to be made payable to the Bank branch in question please?

Am I thick or what!!!

[Movingon]

Just make it payable to YourBank plc - for instance "Barclays Bank plc" or "First Direct plc"

[Tygermoth]

MMMM i remain stalled.

 

I called and reminded them - chqs sill not cashed...

 

If i wait till the 40 days are up (that then covers both the DPA and the CCA request with plenty of time to spare either side) and have no response does that mean its over and i can stop paying them?

 

(BTW im kicking myself, after going over my records this debt was statue barred - they contacted me and i not knowing the law started paying them after their threats - grrrrrrrr)

[Movingon]

Yes, if they cannot produce any documentation in respect of the "debt" then it's over. You could either (risky) write to them and tell them this, or you could just stop acknowledging them altogether until they take you to court... which they won't. If they do, then you have a "Complete defence" against them. Now - if it's statute barred, I presume that there is no longer a default against your credit record? If so then you can draw a line under the whole thing... forget it.

 

p.s. A letter SENT is deemed to be received a maximum of 2 days later. They cannot claim to have not received it because you have a postal receipt for it in your mit. The fact that they haven't cashed your cheques means precisely NOTHING. That was a choice on their part. So, they have already defaulted under the CCA, and basically they cannot enforce that debt in any way shape or form.

[Movingon]

p.s. I could also suggest that you complain to trading standards and the Information Commissioner; it just depends whether you want to awaken the beast that is this DCA. If you have a default that needs removing then you may have to do this - if the default has limited time remaining on file however it's not worth it.

 

It may be that given approaches from trading standards and the ICO, they may suddenly find the necessary documentation... but it's unlikely. They'll probably leave you very much alone.