Debt payment help please

thechippy

It may be worth cca'ing the dca's. More often than not thier additional charges are illegal. Copies of the cca's would confirm this.

povertystriken

Hi thechippy, do you mean ask for a copy of the consumer credit agreement? Or ask for something under the act? I don't know much about it. One debt company person told me I should ask a catalogue for a copy of my agreement (and said something fancy) but wouldn't elaborate, he was really nice to me so maybe he was trying to tell me something?

BILLIE

Sorry PS if you think I have insulted and offended you, but if read my advice I am not saying you are 'underground' but you need to start to list your creditors, even by tackling one at a time. Most of us have been in financial trouble of one sort or another, we all wish we could magic it away and for most of us it is a case of taking each debt one at a time. So you are fortunate and I do wish you the very best. Billie x

thechippy

povertystriken wrote: »

Hi thechippy, do you mean ask for a copy of the consumer credit agreement? Or ask for something under the act? I don't know much about it. One debt company person told me I should ask a catalogue for a copy of my agreement (and said something fancy) but wouldn't elaborate, he was really nice to me so maybe he was trying to tell me something?

Hi,

Yes, search the site for the template letter and ask for a copy of the agreements. Many dca's add charges which they can't and I'd be telling them to stuff such charges......;)

Not only that, but if they don't have / supply the agreement, or it turns out to be unenforceable, it gives you MUCH more room to manouvre with regards to full and final / reduced settlements....:cool:

povertystriken

Thank you so much thechippy. Task 1 - write to everyone with the template. That sounds so easy!

thechippy

povertystriken wrote: »

Thank you so much thechippy. Task 1 - write to everyone with the template. That sounds so easy!

It is......

....just crack on and let us know the replies............:D

povertystriken

Just about to print these out and catch the post, can someone please tell me if this letter is ok? Just want to double check as I don't understand a word lol Thank you

[FONT=&quot]X[/FONT]

[FONT=&quot]X[/FONT]

[FONT=&quot]X[/FONT]

[FONT=&quot]X[/FONT]

[FONT=&quot] [/FONT]

[FONT=&quot]6th April 2011[/FONT]

[FONT=&quot]
The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Re:− Account/Reference Number

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

We look forward to hearing from you.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Yours faithfully
Ms X[/FONT]

povertystriken

What I would also like creditors to do is send a breakdown of my accounts so I can see what are goods and services that I've used/consumed and what are fees and charges, would this letter cover this?

povertystriken

What about this one?

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Date
Dear Sir/Madam
Re:− Account/Reference Number 1234567890
I do not acknowledge any debt to your company or its clients. (delete this line if you are not disputing the debt)
With reference to the above agreement, I require you to supply the following documentation before I will correspond with you further on this matter.
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974.
2. A full statement of account.
3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.
4. A copy of any other documents referred to in the agreement.
I understand that under the Consumer Credit Act 1974 (Sections 77−79), I are 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. Please note that under no circumstances should this payment be set aside any alleged debt. If you are unable to supply the documentation requested, this fee should be returned.
I understand a copy of our 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



Mr A N Other

povertystriken

Anyone? Please