natwest credit card and the debt collection angency

kurjam

i had a natwest card years and years ago, ran it up never paid etc etc.

then regal credit consultants contacted me and wanted mt to pay it back we sorted payments out of £8 per week (i owed £1200 approx).

anyway today i get a card from allied international credit as rcc as passed this over to them as i have defaulted....

i knew nothing of this as far as i was concerned i was paying via standing order...anyway.
i phoned this company they want me to pay £555 in one go--- i dont have that money
they asked could i borrow it from somewhere or a family member told them no way.....
they now want me to send in details of income and outcome with proof..
i am not sure i want to do this its my busness what i get,a dnwhy should i send them bank details, bills etc
i asked if i could contact natwest to sort it out she said no its not there case anymore...
what should i do ???

is it worth speaking to natwest ? (i do still bank with them)
should i send proof ?
i am going to send a list of what we get in and what we pay out...

your help much appreciated !!

RAS

Hi

folk will be here to help you but in the mean-time, can you provide a bit more info

I when did you have the credit card?

When did regal contact you and when did you make the last payment to them?

What sort of statemnet have you recieved from regal re your payments, if any.

And no you do not send proof at this stage. The starting point is to find out if Allied International have any right to collect this debt from you. It is quite possible that they do not have the paperwork needed to enforce it.

If they do have it, then you might need to send them a Statement of Account, but until they produce the paperwork, the account is in dispiute and they cannot chase you to pay it.

pinkshoes

Presuming that they DO have the right to collect this debt, then they'll want to know your salary and expenses to check that you honestly can't afford £555 in one go... i.e. if you earn alot, and spend £100/month on gym membership, £200/month on clothes etc... then you obviously could afford to make a decent regular payment... but if you have a low salary, and most your money is eaten up by basics (food, electricity, rent, council tax), then they'll only be able to take a small amount off you per month.

Whatever you do, don't borrow the money to pay them. They're just bullying you into paying off their debt, because then they can strike you off their list, and your new debt will be in someone else's hands!!

danno_4

hi
just keep to your original agreement with whoever inform the debt company now chasing you that you have an agreement with ? and as far as you are concerened you are sticking to that end of!!
Kindest Regards
Danno

kurjam

hi, i ran the credit card bill up approx 17 years ago.
i paid my last payment in april to regal credit.
i have had no contact from regal credit not even to say payments have stopped, or my debt has been transfered, they even had my address wrong.

i phoned regal credit to day and they confirmed they have passed the debt over, do they not legally have to inform me of these changes ?
i have had no contact what so ever from them.
i would like to continue payments but i have no details of where to make payments to....
i am not denying i owe the money i do, but am annoyed i have not been notified.

should i ask the new company for paperwork to proof they are the new people who have this debt?
if so what do i say, do i phone or write to them ??

can i just contact natwest bank and try to persuede them to let me repay the money direct to them, it would be easier (wish i had done this to start with)
thanks for any help

RAS

kurjam wrote: »

hi, i ran the credit card bill up approx 17 years ago.
i paid my last payment in april to regal credit.

The chances are that this could have been statute barred if you had not paid regal

i have had no contact from regal credit not even to say payments have stopped, or my debt has been transfered, they even had my address wrong. If this is by standing order, then the chances are that it is still going out of your bank account.

i phoned regal credit to day and they confirmed they have passed the debt over, do they not legally have to inform me of these changes ? Yes
i have had no contact what so ever from them.
i would like to continue payments but i have no details of where to make payments to....
i am not denying i owe the money i do, but am annoyed i have not been notified.

should i ask the new company for paperwork to proof they are the new people who have this debt? yes
if so what do i say, do i phone or write to them ?? keep everything in writing

can i just contact natwest bank and try to persuede them to let me repay the money direct to them, it would be easier (wish i had done this to start with) No
thanks for any help

Will ferret for Angela or wellers letters and post them soon.

RAS

here is wellers first letter to debt companies, with the basic rules.

You may need to delete the last para as this does not seem to apply in your case.

There is a second letter to post if they do not come up with the goods in the next 6 weeks

AND please send it recorded delivery, and confirm the date on which it was signed.

They have 12+2+30 days to respond with the agreement, after this timescale it then becomes illegal for them to chase you for the debt and of course, you can report them. If they start to bother you inbetween them receiving the CCA request and the end of the timescale, just ignore them, they will send you empty threats in order to get you to pay. They cannot enforce the debt, ie take further action, until they have provided you with a CCA no matter what they say.

Here is the first letter you need to send:-

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond 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 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by 1 June 2007, I will have no hesitation in passing your details to the Office of Fair Trading.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Regarding your threat that a Doorstep Collector will call the owner of this property is denying you or anybody working on your behalf access onto their estate or grounds in relation to this disputed debt, should you or any agent acting for you attempt to gain access to the estate or its grounds, then you will be ignoring your denial of access and the owner of (enter addres) will take legal steps to sue both you and or your agents for trespass, please also note that having a letterbox on the property gives you or anyone working on your behalf neither implied nor expressed rights to enter the properties boundaries, again any instances of trespass WILL lead the property owner to sue both yourselves or any agents working on your behalf.



If they cannot come back with the documents, or if they send you any other correspondence, come back here.

kurjam

ras am i not making things worse sending them this, i dont want baliffs on my doorstep.
when i phone alliance today the woman was very rude and demanded i send in a expenditure form immediatly....
if i get a reply to this letter, then what do i do ??
thanks

kurjam

ras sorry to bother you again, is there any thing i can do regarding regal credit seeing as they did not inform me of what was happening regarding payments etc.....
is there a letter i could send them.....
also on the letter in part number 3 instead of june 1st how many days do i put for them to reply !!
thanks so much for your help

RAS

Kurjam

No you cannot make things worse, you are just asking them to meet their legal obligations.

frankly, who in their right mind pays a load of dosh to a company who ring up out of the blue and demand money?

if you get a reply to this letter, either

it will have the CCA, in which case, you demand a statement and then make an arrangement to pay them, depending on your income.

or they will not have the CCA and letter of assignment in which case, there is a second letter, telling them that they cannot make any further claim and they have to re-pay anything they have received from you. And clear all your records off their computer and paper files and clear any records off the credit checking company files.

The bailiffs will not be coming. see Wellers note (now in blue).

They can only send bailiffs if

they go to court,
and you fail to make arrangments to pay or you fail to keep those arrangments,
and then they go back and ask for the bailiffs to be sent in.

They CANNOT do that unless they have the original sign CCA and the letter of assignment. Since you were not notified, as would be required, there is a good chance there is no letter of assignment. The judge would not even entertain any claim unless they have these documents.

And if they ever turned up (lots of people have had threats and I do not know any that have been actioned), ask them to leave and call the police if they do not. The law is on your side.


Re part three, assuming you post it tomorrow they get 14 days (12+2), so that is July 18, give them until july 19 if you are feeling generous.


Do not phone them again. If you receive any nasty letters or phone calls, come back here pronto and ask for help. Do not discuss this with them in the phone. They are trying to frighten you and they are upset that someone who they thought was a cash cow is not just coughing up.

kurjam

thanks ras going to send letter tomorrow, will keep the page updated.
so keep looking back as my need more help !!