How much can a debt collector add to a debt?

Fribourg

thechippy wrote: »

Might also be worth sending a cpr 31.16 request

Sorry, but what on earth is that??

So far they've received a CCA request, reminder letter, dispute letter and today I'm sending a reply to their litigation letter, this letter is the template from Niddi's site

Threat by lender.DCA - To commence litigation

http://forums.all-about-debt.co.uk/viewtopic.php?p=2319#p2319

Heyman_2

That link requires you to login to see the content.

It's for them to prove the debt and so far they have done diddly squat except send the usual pre-prepared nasty letters. I would have thought that the only time to act after this would be if something actually happens i.e. a CCA or Court Papers come through your letterbox.

thechippy has given good advice tho, if they don't own the debt then it's worth finding out who does otherwise they'll return it to the owner who will then farm it out to another DCA and you'll end up going through the whole nonsense again (or so I've read).

thechippy

Fribourg wrote: »

Sorry, but what on earth is that??

It's a formal request for them to send you copies of any documentation they intend to rely on in court and they are legally obliged to send them if requested under cpr 31.16.

Your letter would be someting like.....

This is a request under CPR 31.16 for you to send me copies of all documentation you intend to rely on in court should you begin litigation.

This should include, but not be limited to;

1. The original consumer credit agreement
2. Any notices if assignment
3. Default notice
4. Termination notice

..etc

You should also send a subject access request (sar) - this will require you to send a payment of £10, but they should send copies of all they have on you.

This is very important when dealing with HFO

Fribourg

UPPDATE 13.12.10

I received a copy of my aplication form, made in 1996, you can have a look on the link provided. Is this enforceable??

http://i1237.photobucket.com/albums/ff471/Fribourg/hfobcdedi.jpg

Can someone tell me if this is a proper CCA?? what should I do next??

FTW

Fribourg wrote: »

UPPDATE 13.12.10

I received a copy of my aplication form, made in 1996, you can have a look on the link provided. Is this enforceable??

http://www.clumpton.com/usr3/hfobcdedi.jpg

Can someone tell me if this is a proper CCA?? what should I do next??

Is that all you got? No terms and conditions? No APR specified? No credit limit specified?

If that's all they supplied you with, then no, it's not enforceable.

Fribourg

FTW wrote: »

Is that all you got? No terms and conditions? No APR specified? No credit limit specified?

If that's all they supplied you with, then no, it's not enforceable.

Yes this is all I reecived from them, the last I heard from them, was the litigation lettar on the 9th of December.

What should be the next step??

I deleted all the information that was on that aplication before uploading it for you to see, it was signed by me, of course and dated in March 96

FTW

Fribourg wrote: »

Yes this is all I reecived from them, the last I heard from them, was the litigation lettar on the 9th of December.

What should be the next step??

I deleted all the information that was on that aplication before uploading it for you to see, it was signed by me, of course and dated in March 96

Has there been a full six year period where no payment was made by you, and no written acknowledgement of debt made?

Fribourg

FTW wrote: »

Has there been a full six year period where no payment was made by you, and no written acknowledgement of debt made?

Has been only 4 years now, since the last payment was made

elastic_rainbow

Thought I would post an update to my situation and get any thoughts on my next course of action.

Following my post back in August I have since received one more letter, which was the 72 hour litigation one that appears to be doing the rounds. 72 hours came and passed and no more letters and no-one came knocking at the door... *phew*. Anyway, I decided just at random really to write to Barclaycard (the original credit card was with them) and ask for my charges back using the default letters supplied on this site. I had success with this a couple of years ago with bank charges and for some reason had never thought to do it regarding my credit card charges. Unbelievably, I've today got a reply and I quote:

"Barclaycard are prepared to credit you with £660 and £280.17 statutory interest at 8% in full and final settlement of your claim. The agency responsible for your account has been notified and your account balance will be amended accordingly..."

Whilst this is great news, I'm still a little concerned as to where this settlement is going - will it be going direct to HFO? How can I guarantee that they will stop harassing me? I don't really want to acknowledge HFO at all, let alone any debt that they might have. Should I write to Barclaycard and accept this settlement, providing the debt is written off and removed from my credit report?

Any advices would be much appreciated...

FTW

Fribourg wrote: »

Has been only 4 years now, since the last payment was made

So statute barring's a non-starter.

Since they've not completed your request by any means, then I'd continue to wait.

What will probably happen is they may send you an '80% off' letter - that's when you know they've run out of options.

And why have an 80% discount, when you can have yourself a 100% discount?

Besides, even if you decided to go for it, there's nothing to stop FC from selling off the remaining balance to another DCA for them to chase up.