Requesting credit agreement/ deed of assignment

Toto

Hi all,

a couple of weeks ago I sent my creditors (actually DCAs) a £1 postal order each, requesting that they send me my credit agreement and the deed of assignment. Actually it was the deed of assignment I was interested in because I am frankly tired of trying to get any sense out of the DCAs and just wanted to know if they have actually purchased my debt or are still acting as a collection agency for the original creditors.

The situation with the DCAs is that most of them seem to send me random letters to which I reply, they then send me another random letter not acknowledging my letter at all. I have even set up my own payment plan, I send them a cheque monthly now based on the figures I offered. Not one has sent me a letter accepting or rejecting my payment offer, so I just send them cheques until they say otherwise.

The letters I seem to get most often are offers to 'bail me out' by giving me a re-mortgage or a secured loan. The use of their fee charging DMP. or a 90% full and final. But, I never get anything which makes any sense and I am sick of the silliness.

Anyway, in pure frustration I decided to see who owned what debt in the hope I could still go back to the original creditor, and perhaps get some sensible headway in getting the payments up and running until I sell the house and pay them off. So, I sent the letters asking for my paperwork.

Not a single one has replied! I am so tired of writing letters, sending recorded delivery only to keep being ignored.

What do I do next? Any ideas? All I want is to get them to respond to me so we can get the payments up and running. My worry is I am sending the cheques (which they are cashing) but they will mess up adding the repayments to my account. I am actually at the stage where I would love to see a doorstep collector; maybe face to face I might get this sorted. I'm not actually sure what I do about them not sending me my credit agreement as requested. Sometimes I feel, why on earth should I care so much and be going to the lengths I am going to, to pay them off if they can't be bothered?

I honestly thought I should be the one ignoring them, not the other way around.

I am frustrated today!

Mike_St_Helens

Hi TOTO, hope you are well.... I am... but hot !

Still no luck in getting them to write back... I know this sounds daft, but have you tried calling them, seeing how high you can get, managerial wise.... then asking for top names... poss this may wprk.

Or indeed write a 'without prejudice' letter to tell them to either tell and prove to tyou why they are writing and demanding from you, or stop alltogether.

that way i suppose they either admit or deny they have a right to deal with you

Mike xxx

Toto

Hi Mike,

I tried that route first, but just got a brick wall of bully boys saying pay now or we will do all kinds of awful things. So, I changed phone number and wrote to them all saying I only wanted to deal in writing now. I did get mad with Wescot (remained polite) I asked to speak to a manager and the guy said there wasn't one (un yeah righto matey) He then hung up on me.

At least this way I do have photo copies of all letters I send them. No one could say I am not trying to get payments agreed. As I have said, I am actually just sending them money at the moment without them agreeing anything. I assumed that cashing my cheque was them agreeing, I did write that on the covering letter and the cheque of my latest batch of payments.

Heaven only knows what the situation will be like when I am at the stage of offering full and finals. I want to reclaim my fees from them but I am just going to add the silly fees up and deduct that from my full and final offers, doing it officially would be too much of a headache with these people.

Glad you are doing ok today xx

Annie_Fanny

Hey Toto

Is there a legal timeframe for them to respond to a request for a copy of a credit agreement and a deed of assignment, i.e. did you sent them one or is there some sort of legal timeframe for this?

Annie

Toto

Hi Annie,

The letter I sent was one from the national debtline website. I took out the line I was disputing that I owed the money, but it did lay out my rights to have copies of the documentation. It said that they were legally obliged to reply in 12 days and if they failed to respond in 30 days it was a criminal offense.

The 12 days was up last week, we are on day 18 now, so the 30 days is up the end of next week.

I know the debt isn't enforcable without the agreements. I am confused though about what I do next? Do I do nothing? Of course I won't be going to the police and reporting their crime lol, but as I said, it's all rather a grey area about exactly what I do do. I will keep up my repayments because I don't want them accusing me of just trying to wriggle out of paying.

Annie_Fanny

Could you ring National Debtline and ask their advice? I am sure they will be able to advise. I know this must be throughly frustrating for you but you ARE doing the right thing. OK the DCAs aren't replying to your letters etc but that is the game they play. Just make sure that you document everything, phonecalls (time, date, what is said etc) to DCAs and Debtline etc so that if anything does happen then you have rock solid proof that you have been doing everything by the books. Don't give up hope.

The National Debtline is open until 9pm - how about you give them a call?! 0808 808 4000

You will be ok.

Annie

Toto

Thanks for that Annie, I will call them now.

Annie_Fanny

No worries Toto - let me (us!) know how you get on. Am glad that you are making that phonecall...they will give you concrete advice.

Annie

Tootsie_Roll

Certainly the dca is supposed to send you a copy of the credit agreement within the specified time, they will however have to request them from the lender who often takes an age to respond - for this reason it is often used as an attempt to try and wriggle out of paying.

It is a myth though that you are entitled to a copy of the deed of assignment; the only legal requirement is for either the lender or the dca to write to you notifying you they have bought/sold the debt - nothing more. There is also a lot of confusion about whether the dca has actually bought the debt; what does their first letter say ? It will either say they are acting on behalf of xxx (they haven't bought the debt) or that they have bought it from xxx.

Toto

For a start if you read my post you will see I am doing everything possible to pay this debt. I resent the accuastion I am trying to wriggle out of paying. If this were the case would I still be sending cheques? Would I be selling my house to pay them off? I'm not doing it all for the fun of it I can tell you! And that attitude is typical of the crap I have dealt with from these people. How much more do you expect me to do?

I have only had 1 letter from 1 lender saying the debt has been sold, the other's I just don't know, which is why I want the deed of assignments. I am sick to death of trying to sort this out when I am dealing with people who are doing everything possible to make it very difficult. The way I see it, they are trying to stop me from making an effort to pay, so they can go to court and say I have failed an arrangement.

I could let paypal take over, but actually it is quicker for the creditors to get their money if I do it myself. At least this way I am paying them something even if they haven't actually agreed to my offer of repayment.

Tootsie_Roll

Toto

My apologies, I misread your post.

Tootsie