natwest credit card and the debt collection angency

RAS

Kurjam

Couple of other things

1. I am assuming that this latest missive is from Allied International Credit?

2. If that is your real name on the leeter you typed, you might want to remove it (hit the edit button).

rog2

kurjam wrote: »

i am not talking to a debt counselling charity is it worth me ringing them ??
and who should i phone who wouldbe best ??

do i contact cia about the cca as it 14 days +2 tomorrow ??
or do i just wait another 30days ??

when do i contact office of fair trading ??

thanks for any help !!

MOST DEFINITELY worth talking to a Debt Counselling Charity, kurjam.

I can not tell you which one would be best, but you can try:

CCCS - 0800 138 1111

National Debtline - 0808 808 4000

Payplan - 0800 917 7823

Alternatively your local CAB could advise.

Please, please take this advice.

RAS

Kurjam

It would be a good idea to do what rog suggests, not least because the sight of letter from a DCC means that they are dealing with people who they know know the ropes rather than a citizen who they may be able to frighten.

In the mean-time to give you an idea of what may not be right about the way you hav been treated a bit of info on the Code of Conduct, although this is a couple of years old, so need verifying. Think about Allied and Regal here.

As for the guidance from the Office Of Fair Trading mention this:

"Under the OFT's Debt Collection Guidelines -you feel that you are being "harrased" in the way they are dealing with you and the could well be in breach of section 2 of the guidelines in more than one area."

Any debt collecting company, including the main banks, that work in this area has to have a licence to operate which is issued by the Office of Fair Trading (OFT) and there are guidlines that they have to adhere to, otherwise they could have their licence revoked. These guidelines are the OFT's Debt Collection Guidelines and they can be found at the following link

http://www.oft.gov.uk/NR/rdonlyres/5...0/0/oft664.pdf

I have cut out some relevent info from the document, but it is well worth reading.

2 UNFAIR BUSINESS PRACTICES
Communication
2.1 It is unfair to communicate, in whatever form, with consumers in an unclear, inaccurate or misleading manner.
2.2 Examples of unfair practices are as follows:
a. use of official looking documents intended or likely to mislead debtors as to their status, e.g. documents made to resemble court claims.
b. leaving out or presenting information in such a way that it creates a false or misleading impression or exploits debtors' lack of knowledge
c. those contacting debtors not making clear who they are, who they work for, what their role is, what the purpose of the contact is
d. unnecessary and unhelpful use of legal and technical language, e.g. use of Latin phrases
e. failing to provide debtors or creditors with information on status of debts, e.g. not providing requested balance statements when reasonably requested
f. contacting debtors at unreasonable times
g. ignoring or disregarding debtors' legitimate wishes in respect of when and where to contact them, e.g. shift workers who ask not to be telephoned during certain times of the day
h. asking or instructing debtors to make contact on premium rate telephone numbers

There is also this section

Physical/psychological harassment
2.5 Putting pressure on debtors or third parties is considered to be oppressive.
2.6 Examples of unfair practices are as follows:
a. contacting debtors at unreasonable times and at unreasonable intervals
b. pressurising debtors to sell property, to raise funds by further borrowing or to extend their borrowing
c. using more than one debt collection business at the same time resulting in repetitive and/or frequent contact by different parties
d. not ensuring that an adequate history of the debt is passed on as appropriate resulting in repetitive and/or frequent contact by different parties
e. not informing the debtor when their case has been passed on to a different debt collector
f. pressurising debtors to pay in full, in unreasonably large instalments, or to increase payments when they are unable to do so
g. making threatening statements or gestures or taking actions which suggest harm to debtors
h. ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment
i. disclosing or threatening to disclose debt details to third parties unless legally entitled to do so
j. acting in a way likely to be publicly embarrassing to the debtor either deliberately or through lack of care, e.g. by not putting correspondence in a sealed envelope and putting it through a letterbox, thereby running the risk that it could be read by third parties.

kurjam

RAS wrote: »

Kurjam

Couple of other things

1. I am assuming that this latest missive is from Allied International Credit?

2. If that is your real name on the leeter you typed, you might want to remove it (hit the edit button).

have edited my name and yes its allied....

kurjam

RAS wrote: »

Kurjam

Frankly this is outrageous.

However, given the vague threat of further action, I suspect what this means is that they do not have the documentation to back up their claim that you owe them money. So they think that being nasty may frighten you into coughing up.

If they do not produce the CCA and letter of assignment by tomorrow then they cannot pursue you through the courts for this. We will find a letter that you can send reminding them of this (another weller special) but I think we need to beef that up with reference to a few of the regulations that they are breaking.

After another 30 days, you can write to them and advise them that they have been extracting money without the legal right and they have to pay you back anything you have already sent them.

Since the debt is in dispute, they are breaking the rules writing to you in this manner anyway, so I would be inclind to talk to Trading Standards on the phone today. Get a photocopies of the letters they have sent and wait until Thursday. If there is no CCA, then that will boost your complaint, so it is worth waiting until then to send the documentary evidence.

Will check re the Financial Ombudsman as well.

Keep your chin up.

thanks for you rhelp much appreciated....
where can i find this letter that i can post to them tomorrow , telling them they can not persue me for the money through a court ???

also i am not paying them any money has they won`t send me a cca and they are not interested in negotating they want the full amount !!

RAS

OK, let's deal with Allied first.

There is a chance they will try to refer it back to Regal, but then you can start on them.


Rog, weller

Can you check this please?

I do not acknowledge ANY debt to your company. Further to my letter of x Jukly 2007 requiring you to supply the following documentation, to date I received nothing.

1. 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).

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

3. A statement of account

Non-compliance with my request is a criminal offence under the above Act and your company is currently in default.

Unless the required documenation is provided in the next 30 days this will result in a report being submitted to the relevant statutory authorities, including 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.

Until such time as the required documentation is provided, any further contact by your company will be forwarded to the relevant authorities as evidence of haressment under the OFT's Debt Collection Guidelines.

kurjam

should i still contact the office of fair trading tomorrow if no cca arrives ??
do i contact my local one or would it need to be in glasgow where allied are based ??
thank you everyone for your help

RAS

Speak to your local one first and they will advise you if you need to contact glasgow.

kurjam

phoes ccs they said if they cant prove i owe them the debt i dont pay it, and have given me another number which is legal advice....gosh im in a panic now because of this letter they sent and if i get a court summons..
i am totally fed up with this company...
will post letter tomorrow that you have provided and wait 30 days !!!
bet the cca turns up after all this !!

i am so tempted to fill in the expenditure form and just pay them just to end all this hassle.....(which i know is wrong)
will they not see that if i was paying it with regal credit then i should pay it with them has its the same debt ??

kurjam

rog2 wrote: »

MOST DEFINITELY worth talking to a Debt Counselling Charity, kurjam.

I can not tell you which one would be best, but you can try:

CCCS - 0800 138 1111

National Debtline - 0808 808 4000

Payplan - 0800 917 7823

Alternatively your local CAB could advise.

Please, please take this advice.

have spoken to national debtline, they recomend i just fill in the expenditure form, because saying i dont have cca (if it goes to court0 will not be enough proof to get me out of the situation !!