natwest credit card and the debt collection angency

Fallenangel152

The mrs reckons i should ring and say exactly that.

I rang Debtline again and he basically said they're probably bluffing, but there's an outside chance they're not. He also worked out they have until next tuesday to sent me the documents, or they might just try to send a summons anyway.

The problem is that i'm away next week, so won't be able to react right away, and i have to keep this out of court - i'm re-mortgaging next month and a secong CCJ would kill my chances.

I'm considering borrowing the money off my parents and asking them for their best settlement price.

rog2

Fallenangel152 wrote: »

Right then: Got a letter.

"Dear Mr ***,

The legal department at AIC have reviewed your account. As you have failed to contact us or make a payment their intention is to consider commencing legal proceedings against you via your local County/Sheriff Court for full recovery of the outstanding balance.

What do i do? Ignore it? It's dated 5 days ago, so according to them the time is now up to contact them.

Hi Fa - this letter appears to be having exactly the effect that Allied want - i.e. to deter you from the fact that you have requested a cca and to 'frighten' you into paying money that you may not be liable for.

In the event that they do commence Court proceedings, it will not happen overnight. You need to be issued with a summons - even if they use the 'Bulk Handling' Northampton County Court - on which you will find a section where you can dispute the 'alleged debt' and enter your defence. You need to state that you are unaware of any 'debt' and, in order to clarify the situation, you have requested, from Allied, a true copy of the original cca, as is your right under the terms of the Consumer Credit Act 1974. Give dates of your request, with proof of receipt, and state that after the prescribed 12 working days, you have not received a cca.
Even if they do send a cca by next Tuesday, the Court will take a poor view of the fact that they have been harassing you after you had put the 'alleged debt' into dispute.
To borrow money to pay these vultures would be playing right into their hands.

stapeley

I,ve been threatened with court for the past year !

Fallenangel152

rog: The problem is that i don't dispute the debt, i just refuse to submit to AIC's bullying tactics. They can't demand payment in full after me not hearing anything for years.

I do want to pay to get it off my credit for good, but i really need to play for time until i can borrow the cash. Having said that i don't want the bullies to win.

cc99

Fallenangel,

If you tell them you dispute this debt (either by the amount owed or by being unable to recall the debt), THEY have to prove to you that you owe them the money by supplying you with a CCA they can not take your debt through the courts if they do not hold the correct paperwork, ie CCA etc . This letter is just their way of bullying you and bullies should never be allowed to win.

If you request a full true copy of the CCA by saying you dispute the debt and they do not supply you with that in the correct time limit you WILL NOT HAVE TO PAY - end off!!! Also, it will delay the threats as they cannot take you to court if the debt is in dispute.
Stop worrying and let them send their nasty letters. You may even be entitled to claim money back if you were charged and paid interest on any outstanding amounts whe you first got into debt.

Good luck , stay strong and keep your pecker up:)

rog2

Fallenangel152 wrote: »

rog: The problem is that i don't dispute the debt, i just refuse to submit to AIC's bullying tactics. They can't demand payment in full after me not hearing anything for years.

I do want to pay to get it off my credit for good, but i really need to play for time until i can borrow the cash. Having said that i don't want the bullies to win.

Hi Fa - You are right not to submit to AIC's tactics, in the same way that it is wrong for them to 'pressurise you into paying in full, unreasonably large instalments, or to make increased payments when you can not afford to'

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

Equally, they MUST provide you with up to date statements on request and listen to fair offers of repayment by instalments.

kurjam

the advice here is brilliant, i got my first letter in july last year and nearly paid but thanks to you guys i still have not heard anything.
if it had not been for this forum i would have made arrangements to start paying it off...

do you think they might start chasing me again for it, or will they have written it off ?? as the credit card in question was a bank that i had a basic bank account with and they would not let me upgrade, but suddenly they have let me update it and i have no different details from when i last applied and aic were chasing me for this debt so could this debt have been removed from my credit report ???

rog2

kurjam wrote: »

the advice here is brilliant, i got my first letter in july last year and nearly paid but thanks to you guys i still have not heard anything.
if it had not been for this forum i would have made arrangements to start paying it off...

This should be the end of the matter, kurjam. Certainly, I wouldn't do anything to aggreavte the situation, such as contacting the Bank.

Equally, any defaults should have been removed from your credit file.

cc99

They may contact you months down the line out of the blue offering you a massive discount or whatever but if they have never supplied you with a CCA then bin it cos they cannot collect and are clutching at straws:)

kurjam

should i get a credit report to see if its still showing on there ??
if its not does that mean the debt has been written off, or they have paid it etc ?????