We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Delayed Letters From a Collection Agency.

1246

Comments

  • OwtForNowt
    OwtForNowt Posts: 1,685 Forumite
    Thanks. I will get that sent out in the morning and will send one to the bank about trying to claim back any charges on the overdraft. Can you also claim for charges on the Credit card i incured?

    Thanks.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • 10past6
    10past6 Posts: 4,962 Forumite
    OwtForNowt wrote: »
    Can you also claim for charges on the Credit card i incured?
    Yes, although I suggest you take one stage at a time in order to remain up to date and in control of the process.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • OwtForNowt
    OwtForNowt Posts: 1,685 Forumite
    10past6 wrote: »
    Yes, although I suggest you take one stage at a time in order to remain up to date and in control of the process.

    Ok, thanks.

    This may sound stupid but can i just put a 1 pound coint in the letter to cover the amount? Also who should i sent it to? The collection agency?

    Thanks.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • 10past6
    10past6 Posts: 4,962 Forumite
    OwtForNowt wrote: »
    This may sound stupid but can i just put a 1 pound coint in the letter to cover the amount?
    Huh? Noooooooooooooooooooooooooo

    Use a postal order
    OwtForNowt wrote: »
    Also who should i sent it to? The collection agency?
    The company you're paying right now.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • OwtForNowt
    OwtForNowt Posts: 1,685 Forumite
    10past6 wrote: »
    Huh? Noooooooooooooooooooooooooo

    Use a postal order

    The company you're paying right now.

    Ok, thanks. :D
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • tinalives
    tinalives Posts: 903 Forumite
    Part of the Furniture Combo Breaker
    Hi,

    I've sent the above letter to Buchanan Clark + Wells on behalf of someone else, and he has now received a Final Notice demanding payment of the original amount minus the £1 (which we sent stating clearly that it represented the fee payable under the Consumer Credit Act 1974 for a copy of the signed credit agreement).

    What should we do now? They obviously don't have a signed credit agreement as it doesn't exist, but they have in effect stolen the £1 fee for it, and are continuing to send threatening letters. If it were me I would just ignore them from this point forward, but this isn't really a good idea as the person on the receiving end is a 75 year old gentleman who is finding it all rather intimidating.

    Any advice as to what to write in my next letter would be appreciated.

    Thanks.
  • tinalives
    tinalives Posts: 903 Forumite
    Part of the Furniture Combo Breaker
    I've just found a suitable template letter so hopefully once I've sent this one it should be the end of the matter.
  • OwtForNowt
    OwtForNowt Posts: 1,685 Forumite
    Its been over 3 weeks since i sent my CCA request so im thinking;

    a) Their famous posting system is affecting me again. or
    b) They dont have it.

    :think:
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • OwtForNowt
    OwtForNowt Posts: 1,685 Forumite
    Im sorry for keeping on bumping my thread up, but what happens if they do not have a copy of my agreement or it is not enforcable? Iv had a search to see what it means but i cant find it.

    Thanks.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • GeorgeUK
    GeorgeUK Posts: 7,737 Forumite
    They have 12+2 working days from when they received the letter. Do you know when it was received?

    If they don't produce the CCA then the debt is unenforcable. This means that payment need not be made, that they cannot add interest or charges to the account and they shoudl not pursue you for payment until they fulfill their legal obligation to provide a properly executed CCA.

    You should be getting ready to send the 12+2 day letter. This will inform them that you consider the account to be in dispute, that you do not give them permission to process your information (under section 10 of the Data Protection Act) and that the debt is now unenforcable.

    If they do pursue you for payment after failing to supply the CCA, you should notify TS as this would be a breach of the OFT debt collection guidelines.
    After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91

    Dad Gift 6k ¦ Savings & Inv Tst: £2,500
    Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0

    Total Owed: £2,270 (+6k) 11/08/2011
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352K Banking & Borrowing
  • 253.5K Reduce Debt & Boost Income
  • 454.2K Spending & Discounts
  • 245K Work, Benefits & Business
  • 600.6K Mortgages, Homes & Bills
  • 177.4K Life & Family
  • 258.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.