Please help w/ debt problem...

RAS

Alfred

Do you know if there was ever any PPI on this account?

And have you spoken to your Studnet Welfare officers both at University and in the UNion, about hardship grants etc?

Alfred_Borden

Thank you so much for the replies guys, and thanks RAS.

- It does pre-date April 2007 but have not requested the CCA? what exactly is this?
- I may have a letter somewhere telling me the card & account has been terminated but I can't be sure. Is this what you mean?
- What is statute barred?
- Any personal recommendation on who to call for advice?

Sorry for the questions. I'm not very legal savvy when it comes to this stuff. I appreciate your help so much. Thanks a lot for your reply.

Alfred_Borden

Ah, thanks again.

- Not sure about the payment protection, is there a way to find out?
- Not as of yet, I'll be heading back next week and am considering more and more, do you reccomend it?

Thanks again for your help.

RAS

Not exactly in order.

If this was an old debt and you have not paid anything for the last 6 years (5 years in Scotland), then the Statute of Limitations prevents the creditor taking you to court as long as you defend the cas. This means you can officially tell them to take a runnign jump.

Althought the situation regarding Consumer Credit Agreements is a bit murky at the moment, if the creditor cannot produce a legally complaint CCA, a legally compliant default letter and termination letter, you can defend any legal action they try to take. There is a decent chance at least one is faulty.

Given that you probably need to see all three and do not appear to have them, a Subject Access request would be the best option. Cost £10 but they have to produce everything they have on your account. 10past6 has a cracker, which i will try and locate.

If this is a credit card, then reclaimn any charges.

And if you had PPI, either claim on it or reclaim the fees charged.

RAS

10past6's response to someone else in a similiar situation.

I suggest you start the ball rolling by making an SAR application using the template letter below, that will allow you to obtain all the information they hold on you, did you obtain PPI within the loan, if so, that could be another route you could look into re miss selling the loan, once you've obtained all the information, that wil put you in a better position to fight your case.

Data Protection Act 1998 Subject Access Request



Dear Sir/Madam


Account number: xxxxxxxx


Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the account Numbers xxxxxxxx and xxxxxxxx-x


The following is by no means an exhaustive list but in the main this is what I require.


Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation.


Additionally, all records you hold on me relevant to the above accounts, including but not limited to:


1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the account.


2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company


3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response


4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.


5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.


6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.


7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.


8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.


9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998


10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.


11. A copy of all account statements for the duration of the agreement.


12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.


13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974.


Any other information relating to the account.


I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, I shall be reclaiming them, and reclaiming the enclosed £10 Data Protection Act subject access request fee.


If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have found to be acceptable.

Can you get that letter out this weekend, to Moocroft.

Registered post with a £10 cheque or PO so you can prove they received it.


They have 40 days to produce the required documents.

Alfred_Borden

Thank you so much for your reply.

Yes, I can send that out tomorrow. Who do I make the PO payable too? Do you suggest I don't call them and just send that letter then?

On the template letter where it says "Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the account Numbers xxxxxxxx and xxxxxxxx-x"

Do I just put in the account number of my credit card account? Or also my current account with them?

Also, it is a credit card yes, and also It's not over 6 years old unfortunately, this is from about 3-4 years ago.

I'm not sure if I had Payment Protection on my account? How can I find out? Will it be released with all of the other information I request?

Thanks again for all your help.

RAS

Make the PO payable to Moocroft with the credit card account number.

if you phone they will just use it as an opportunity to bully you and tell you even more "truths" about the sort of thing that they would like but are legally unable to do to you.

Also, you have to send that letter sooner rather than later - you need the documents if they try to take you to court and it will expose any PPI and unfair charges. Kills about 5 birds with one stone.

You mention a current account? Is that with the same creditor and is it in credit. Are you going to pay your student loan into that?

If so, they can offset the payment against your debts and you will having nothing to pay the rent with.

Go on-line and try and open a new basic bank account with the Co-oop or barclays if they are not your creditor. Get all future income paid into that.

Get that old current acount closed ASAP.

Alfred_Borden

I used to get my student loan paid into the Lloyds current account, but swapped it to a Natwest Student Account, as Lloyds repeatedly kept on transferring money from my current account into my credit card account. Yes, I plan to close the Lloyds current account asap. Thanks for your help.

Do you think I should contact a debt advice agency? If so, which one? Maybe through my student services? Or would I be better going through citizens advice or another similar company? Any reccomendations?

RAS

Write to Lloyds and close that current account this weekend, or they will pay the card off against it and create on OD for which different rules apply.

Re debt advice, certainly CCCS or NDL can help you but I would start with the studnets services or student union.

At the risk of blowing our own (collective) trumpets, there are a number of people here and on the CAG web-site who can provide specialist advice that is a good as or better than that you would get from a legal firm or the sort of firms who offer to check the legality of your accounts for £150 a time.

We do however need to see those documents, so get the letter to Moocroft written and when you get the documents, find a scanner, remove all personal details and bar codes and let us know you have them.

With respect to the default and termination letters the expert is 10past6, so pm him.

At present fermi and never-in-doubt are more up to date then I on CCAs but i will help with other stuff if i can.

elfen

The student account, is the o/d on it interest-free? Can you up it slightly if it is to give a little money (say between £50-£150 ONLY) Also, ask at uni about hardship grants.

Since it's not statute barred,you could offer £1 token payments until your situation changes. I'm a student, and have offered £5 a month token payements until my situation changes, which they have accepted.