natwest credit card and the debt collection angency

Fallenangel152

Sadly this one does seem genuine. It's from MINT and has my original signature and the date, an up to date statement and everything.


Ah well. My parents are happy to pay it off provided i pay them back, so i just want rid now. I just hope AIC don't go mad thinking they've won and lodge a court order before i can get my offer in!

@gazroe - it was online, and in about '04. It all seems fairly genuine, so i'm happy to pay it and have done.

rog2

Fallenangel152 wrote: »

I just hope AIC don't go mad thinking they've won and lodge a court order before i can get my offer in!

Even the likes of AIC can't do that, FA. In order to 'lodge a Court Order' they would first have to issue you with a County Court 'Claim' or summons, at which point you would have the opportunity of entering a 'defence'. This 'defence' could, also, include an offer of payment, based on your income/expenditure, which the court, and not AIC would 'rule' on. Normally, offers made by 'defendants' are much less than that 'demanded' by the plaintiff, and a court would not 'order' that a defendant pays at a rate higher than he/she can afford. Since any such 'order' would be equally as binding on AIC as it would be on you, AIC will, normally, only use this avenue as a final resort.
Equally, if you have made a 'Full and Final Settlement Offer' before the court hearing, then the court is unlikely to rule against you as it will be obvious that you are trying to 'deal' with this debt.

er_indoors

I have asked for a copy of a consumer cerdit agreement and have been sent a copy of the credit card application form. It is a short priority form with 1 paragraph refering to credit agreement rgulated by the consumer credit act 1974.
However, the copy is bad and illegible. the name address signature etc all
ok.

Is this the consumer credit agreement?

Thanks

rog2

er_indoors wrote: »

I have asked for a copy of a consumer cerdit agreement and have been sent a copy of the credit card application form. It is a short priority form with 1 paragraph refering to credit agreement rgulated by the consumer credit act 1974.
However, the copy is bad and illegible. the name address signature etc all
ok.

Is this the consumer credit agreement?

First of all - anything that they send MUST be perfectly legible.

It certainly sounds as if the 'priority application' form that you have received does not constitute a cca. Application forms SELDOM contain all of the necessary information required by the Consumer Credit Act, 1974, in order to make them acceptable as consumer credit agreements in themselves. That said, many cc companies are re-wording their application forms to conform to the said requirements, so it is worth checking.
In order to see what a cca should contain, click on the following link:

http://forums.moneysavingexpert.com/showthread.html?p=7869437

Unless the form that they have sent you contains ALL of the information required, I suggest that you send them a copy of the letter that you will also find in the above link.

kurjam

well just over a year since i 1st started this thread, i thought i had seen the last of this debt, but the debt has been sold to another company apex credit management, so do i start again with all the letters asking for my cca ??
seems allied got fed up and sold the debt on......
is everything the same as before with regards of what to do to see if i have to pay them ??
thank you

rog2

Hi kurjam - Allied have so broken the law by selling this 'debt' on to Apex.

Under the terms of the Data Protection Act, 1998 - they were denied the authority to pass on any of your details to a third party.

I think that you should report them to the Information Commissioner for this.

RAS

Hi Kurjam

Lovely to hear from you, even if the sitatuation is not what we want. As rog says, talk to the Information Commisioner about this. That should stop Allied and Apex in their tracks.

Office of Fair Trading, Contact page: http://www.oft.gov.uk/contactus

The Information Commissioners Office, Complaints page: http://www.ico.gov.uk/complaints.aspx
(note: I chose to complete and download the .pdf form on Data Protection, which I am also sending to the other offices, with an accompanying letter)


I have left the OFT link as well, as they may have a view on this as well.

georgiasmum

Ohh I love this thread!!! So exciting - not for OP obviously because it is so stressful but it is great to learn so much stuff and to read so many helpful replies. I too have issues with AIC, after following the advice here (and stapely) they have gone strangely quiet!!!! Good Luck.

kurjam

hould i write to apex telling them this is not legal ??
any ideas what i could put in a letter to them ?
thanks

rog2

kurjam wrote: »

hould i write to apex telling them this is not legal ??
any ideas what i could put in a letter to them ?
thanks

Hi kurjam - There are a couple of things that we can do, here:

First of all, I will, this morning, draft a 'short sharp' letter that you can send to apex - hopefully it will get them off of your back.

Secondly, you are now at a stage where you can consider going to the Magistrate's Court and issuing a magistrate's summons against allied/apex as they are, clearly, acting illegally. However, you should not do this without advice from either one of the debt charities or a Community Legal Action centre.

Let's first see if a 'letter' will do the trick.

Back soon.