DCA - request for handholding (sorry)

[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.

[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!

[colour-me-happy]

Good luck, hope you get it sorted.