natwest credit card and the debt collection angency

rog2

kurjam wrote: »

i still have heard nothing do you think they have given up ??

Hi kurjam, and a Very Happy New Year to you.

If they haven't given up by now, they would certainly need a Court Order to 'enforce' any agreement. As you have requested a true copy of the original signed cca, which they have not supplied, it is highly unlikely that any court will grant such an order, once you make that court aware that you requested the cca and Allied did not provide it within the legally allotted time-span.

Fallenangel152

Sorry to resurrect this thread, but i just want to thank Kurjam for it!

I too am having trouble with the Bullying Allied International Credit.

I got a lovely phone call out of the blue on monday demanding £1350 for a Mint card from years ago that i had forgotten about. He gave me 3 days to pay in full, despite it being one and a half times my monthly wage!

After a quick panic, i called National Debtline who told me to ask them for full terms and CCA, paying them £1. I sent that today and i'm a bit worried about what will happen next...

Will i have to go to court?

rog2

Fallenangel152 wrote: »

Will i have to go to court?

I doubt it very much, Fa. And well done for talking to NDL.

Can you remember how long it is since you made any payment towards this 'debt' or acknowledged it in writing (phone calls don't count)?

Fallenangel152

Thanks for the reassurance rog.

As far as i recall i haven't paid anything, or acknowledged anything in writing. I just got behind on my regular payments and then forgot about it.

Basically a few years ago i got into a load of trouble - taking out cards just to pay rent etc. and i got a few debts.

I moved to my current house and payed them all off, but evidently forgot this one. As far i know neither Mint nor any other company has even tried to contact me for the past 2 years+, until a few weeks ago when i got a card through my door asking me to call Allied International to confirm my address, which like a numpty, i did. I then got a card last week saying to ring them urgently, and then i got all the heavy handed talk, saying i would instantly get a CCJ etc. if i didn't pay immediately.

I'm not trying to wriggle out of it - i do intent to pay, but with reasonable terms and as little damage to my credit as possible.

rog2

Fallenangel152 wrote: »

I'm not trying to wriggle out of it - i do intent to pay, but with reasonable terms and as little damage to my credit as possible.

Of course not, Fa, and Allied should, if they adhere to the OFT Debt Collection Guidelines, listen to any reasonable proposals from you.
Unfortunately many Debt Collection Agencies, and that definitely includes Allied, seem to think that they have some 'God Given' exemption from operating within these guidelines:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

You have probably already been advised, by NDL, that Allied are legally obliged to provide you with a true copy of the original signed consumer credit agreement, and up to date statements, with a deed of assignment, proving that they are entitled to 'pursue' this debt, within 12 working days of receipt of your request.
Without this, they can not enforce the agreement - plain and simple.

Fallenangel152

Yes, i was told as much by NDL. I've no doubt that they will try nasty tricks as they did with Kurjam, saying it isn't relevant and the like.


NDL informed me to avoid talking to them on the phone, and simply ask them to refer to my letter.

I'll keep anyone reading this thread updated as to the outcome.

And just 2 quick things: When you say a 'true copy' do you mean the original?

I also sent them a cheque for £1. Do you reckon they'll bother cashing it?

rog2

Fallenangel152 wrote: »

NDL informed me to avoid talking to them on the phone, and simply ask them to refer to my letter.

Excellent advice, as ever, from NDL. Keep us informed please.

cc99

Try this link it should answer all your questions in detail

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/
and this
http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/71386-diskmandave-robinson-way-co-14.html#post614745


Have a read at some of the threads and this one in particular is very interseting as it shows that you can legally stop the DCA from collecting amount owed if they do not hold correct paperwork.
Please take note:
DO NOT SIGN YOUR NAME in any correspondence to these DCAs

hth

Fallenangel152

Thanks cc99 - yes, i head on another forum that i shouldn't sign anything i send. I 'signed' the last letter simply by printing my initials at the bottom.

kurjam

fallenangel152, hope everything turns out ok for you, i have never heard from allied international since july time last year, hopefully they gone for good.
but they could not provide the cca that i needed to see, becareful because they did send me a cca but it was for something totally different and nothing to do with the debt / credit card they were wanting payment for....
good luck !!