Delayed Letters From a Collection Agency.

GeorgeUK

Are you doing this DMP through anyone else or on your own?

If they take it to court, a court will decide the amount you should be paying, not them and as to adding the costs - i'm not sure how that works. Have they given you any penalty charges or anything against your account? Are you able to claim back penalty charges from the original creditor?

Stapeley mentioned a CCA request. This is looking at your Customer Credit Agreement (overdrafts won't have one) to see if the debt is actually enforcable. The original agreement should have had your signature and if made before April 2007, must also have certain terms on the agreement for it to be enforcable. If the terms or signatures are not on the agreement, then the debt is unenforcable and you may not need to make any further payments towards it.

There are a few ways to get a copy of your credit agreement. A CCA request, which costs £1, but they are not required to provide a copy of the original agreement and are not required to provide the signatures. If you have charges that you could reclaim, you can send a subject access request (SAR - cost £10) to get a copy of all your transactions for the last 6 years and also a copy of the credit agreement. As this request is being made under the Data Protection Act, they will need to provide an exact copy of the original document.

Have you had a default issued for this debt? If not, then they should not be taking you to court as this is required before court action can be taken.

OwtForNowt

GeorgeUK wrote: »

Are you doing this DMP through anyone else or on your own?

If they take it to court, a court will decide the amount you should be paying, not them and as to adding the costs - i'm not sure how that works. Have they given you any penalty charges or anything against your account? Are you able to claim back penalty charges from the original creditor?

Stapeley mentioned a CCA request. This is looking at your Customer Credit Agreement (overdrafts won't have one) to see if the debt is actually enforcable. The original agreement should have had your signature and if made before April 2007, must also have certain terms on the agreement for it to be enforcable. If the terms or signatures are not on the agreement, then the debt is unenforcable and you may not need to make any further payments towards it.

There are a few ways to get a copy of your credit agreement. A CCA request, which costs £1, but they are not required to provide a copy of the original agreement and are not required to provide the signatures. If you have charges that you could reclaim, you can send a subject access request (SAR - cost £10) to get a copy of all your transactions for the last 6 years and also a copy of the credit agreement. As this request is being made under the Data Protection Act, they will need to provide an exact copy of the original document.

Have you had a default issued for this debt? If not, then they should not be taking you to court as this is required before court action can be taken.

The DMP is on my own.

The credit card was given to me when i was 18 with a £3000 credit limit on it so that would have been in 2003.

How will I know if i have had a default issued for the debt? I dont beleive i have.

How do i need to write too to get the CCA? IS it the bank who i got the card with or the collection agency now?

Many Thanks.

GeorgeUK

If sending a CCA request, you should send it to whoever is requesting payment. The only problem with this is that they sometimes give you a 'reproduction' made up from data on their system rather than from the original document. If you have charges to claim back, i'd use the SAR.

The default should be registered on your credit file. Have you checked it on experian or equifax? I think they are still doing the 30 day free trials.

OwtForNowt

No iv not checked it on my credit file.

However today the solicitors havwe sent me a 'Statement of Account' even though I did not request it. Does this mean that they are going to court with it now?

Thanks.

10past6

When did you issue the CCA request?

GeorgeUK

Maybe they're just trying to be efficient. It doesn't mean they are going to start court action. They would notify you of this and you would receive letters from the court itself.

OwtForNowt

When did you issue the CCA request?

Damn, i forgot to do that. Thanks for reminding me, I'll get onto it asap.

GeorgeUK wrote: »

Maybe they're just trying to be efficient. It doesn't mean they are going to start court action. They would notify you of this and you would receive letters from the court itself.

Cheers. If anything the Statement proves that iv been making regular repayments so wouldnt that work in my favour if they do take me to court?

10past6

OwtForNowt wrote: »

If anything the Statement proves that iv been making regular repayments so wouldnt that work in my favour if they do take me to court?

They'll need an enforceable agreement, should they decide on taking you to court.

Get the CCA letter off asap, to find out if they have one.

OwtForNowt

10past6 wrote: »

They'll need an enforceable agreement, should they decide on taking you to court.

Get the CCA letter off asap, to find out if they have one.

What do i need to say in the letter?

I will need to check first to make sure that its the Credit Card account and not my Overdraft account they are going to court with wont I?

10past6

OwtForNowt wrote: »

What do i need to say in the letter?

This

Dear Sir/Madam

Re:− Account/Reference Number: XXXXXXXXX

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of our credit agreement on request.

I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of my credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you.

Yours faithfully

PRINT ONLY - DON'T SIGN

I will need to check first to make sure that its the Credit Card account and not my Overdraft account they are going to court with wont I?

Yes.