natwest credit card and the debt collection angency

kurjam

i currently owe £532 but not paid anything to allied it was all paid to the old collection agency.....

no statement of account or cca from allied.
letter requesting cca was sent and the 12+2 days is up (it was up on july 18th)
i sent payment and no it has not been cashed...

hope that answers your questions, i am so fed up with them , i expect next letter i get shall be from the courts...

lemma1968

Doubtful when the account is in dispute - they would not want to risk it particularly if they kow you know your rights.

RAS

Kurjam

Please can you do the following

Contact your bank and ask them when you set up the standing order to pay the old collection agency?

How much was that for, per month?

How long did you pay that for?

I have checked back and you indicated that they got the letter on July 9? I assume you sent it recorded delivery? When did you post it?

That may mean giving a bit more allowance for them to respond? Anyone on this?

However, if they have not sent the CCA by July 23, you should have sent them a letter telling them they were in default, not a Statement of Affairs.

RAS

RAS wrote: »

See martins advice on getting your credit check done

As we're talking billions of pieces of data, there are always mistakes, and these can act like a hammer on credit applications, smashing everything. It's important to check your files as often as possible, preferably around every 18 months, or whenever you get rejected. And don't worry, even though doing a check is noted on your file, it never impacts your credit score.
Check all three agencies
While in the past just checking one was usually good enough, now I strongly advise you check all three. An error on any one can cause you a problem, and lenders are using a wider spread of agencies.
ow to get your files
There are two ways to get your information, either by post for £2 per agency, or online. Yet online can be costly. The credit reference agencies used to content themselves with selling our data to banks; now they want to make profit from us too, and have all types of clever-sounding products, that they want us to pay for, yet actually aren't that useful. However, it does enable an easy loophole to get all credit reference files for free.

The Consumer Credit Act 1974 gives you a statutory right to see your credit reference files by simply writing to them, with a £2 cheque, and detailing your past addresses. To do this write a letter and enclose a £2 cheque/ postal order.

Template letters

To help, here are template letters, ready to send, for each agency.

• Equifax. Equifax template letter. Cheque payable to Equifax Plc
• Experian. Experian template letter. Cheque payable to Experian Ltd
• Callcredit. Callcredit template letter. Cheque payable to Callcredit Plc

It is also possible to apply for your statutroy report through their websites, either online or postally. Experian, Equifax, Callcredit. Yet beware, they'll often try and flog you more expensive online products.
phole to every file, online, for free
The credit agencies' desire to sell us an ongoing ‘credit monitoring' service costing around £70 a year leaves a loophole open. To tempt you, they offer ‘free trials', which involve setting up a Direct Debit or regular credit card payment, in the hope you'll just let it drip from the account.
So sign up, then view your file at no cost (either instantly or after they've sent a passcode) and then cancel the subscription. Even though they allow 30 days, I'd do this straight away; leave it a month and you may forget..
The specifics for each agency:
<UL>Equifax. Its Credit Watch Gold* has two options, one at £7.50 a month, but the one to choose is the ‘Free for 30 days and then £69.99 for the year'. To request cancellation call 0870 0100583 and quote your account reference.

Experian. Its Credit Expert* offers a ‘free trial then £5.99 per month' service. To cancel, call the free-phone number 0800 656 9000, or email [EMAIL="customerservice&#64;creditexpert.co.uk"]customerservice@creditexpert.co.uk [/EMAIL]

Callcredit.Its MyCallcredit has two services, the quarterly unlimited access for £8.95 or the Ealert which is free for 30 days (and then £44.99)and gives unlimited online access to your credit report during the trial. To cancel you should email [EMAIL="care&#64;mycallcredit.com"]care@mycallcredit.com[/EMAIL][EMAIL="care&#64;mycallcredit.com"].[/EMAIL]

Do you have your checks back yet?

Does this debt show up on them?

kurjam

RAS wrote: »

Kurjam

Please can you do the following

Contact your bank and ask them when you set up the standing order to pay the old collection agency?
23rd june 2003 (£8 per month), it changed to weekly 17 july 2006

How much was that for, per month? as above

How long did you pay that for?as above, payments totally stopped on 23/04/2007

I have checked back and you indicated that they got the letter on July 9? I assume you sent it recorded delivery? When did you post it? posted 4th july, they got it 9th july, they rang me 1 hour after it was signed for, yet they claimed on the phone they had no letter from me.

That may mean giving a bit more allowance for them to respond? Anyone on this?

However, if they have not sent the CCA by July 23, you should have sent them a letter telling them they were in default, not a Statement of Affairs.

i sent another letter 11th july telling them not to phone me and reminding them of there obligation to meet requirements of s.78 consumer credit act 1974 and to provide a statement of account...

still nothing from them should i ring them ????
can i send another letter now ?? what should i put in it, can someone do me a template

thank you

RAS

Kurjam

When this mob contacted you, the account had been statute barred for several years.

Unfortunately, by paying up you re-opened a close debt; they must have thought Christmas had come early as they probably bought the debt for a few pence per pound.

See this thread regarding statute bared debt incase you get any other bright sparks trying this again.

http://forums.moneysavingexpert.com/showthread.html?t=494921

Now have to hope that they cannot produce the CCA. Will try and find the default letter and post it.

RAS

Rayday posted this recently..

I posted this a few days ago in DMP support thread taken from the National Debt Helpline who are available for more information!

OFFICE OF FAIR TRADING CODE OF GUIDANCE

Many activities could count as harassment. It is important to note that 'anything done by a person which is reasonable' when trying to recover a debt, is not considered to be harassment. Both the Office of Fair Trading and trade associations (run by the credit industry) have produced guidance on what activities may be considered harassment and should therefore be avoided by creditors. The following list is taken from the new Debt Collection Guidance for holders of consumer credit licences.
Creditors are warned by the Office of Fair Trading under the Debt Collection Guidance that the following practices are considered unfair.
"It is unfair to communicate, in whatever form, with consumers in an unclear, inaccurate or misleading manner."

This includes:

• letters that look like court claims;
• not making it clear who the company is or what their role is;
• unhelpful legal language;
• not giving balance statements about the debt when asked;
• contacting you at unreasonable times even when asked not to;
• asking you to contact them on premium rate phone numbers.

"Those contacting debtors must not be deceitful by misrepresenting their authority and/or the correct legal position."

This includes:

• claiming to work for the court or be a bailiff;
• implying action can be taken that is not legally possible such as implying they could take your property;
• using a business name or logo that implies they are a government body;
• implying that court action has been taken against you when it hasn't;
• implying not paying your debt is a criminal offence;
• threatening to take court action in England if you live in Scotland or the other way round.

"Putting pressure on debtors or third parties is considered to be oppressive."

This includes:

• contacting you too frequently;
• pressurising you to sell property or take out more debt;
• using more than one collection company at the same time or not telling you when your debt has been passed to another company;
• pressuring you to pay in full or in large instalments you cannot afford;
• making threatening gestures or statements;
• ignoring disputes about whether you owe the money;
• trying to embarrass you in public or threatening to tell a third party such as a neighbour or your family about your debts.

"Dealings with debtors are not to be deceitful and/or unfair."

Examples include:

• sending letters addressed to 'the occupier' or discussing the debt with someone without knowing if they are you;
• refusing to deal with an adviser acting on your behalf;
• not accepting reasonable offers or passing on payments you make;
• refusing to freeze action if you dispute the debt.

"Charges should not be levied unfairly."

Examples include:

• claiming collection costs when the original credit agreement didn't allow this to happen and making you think you are legally liable for the costs;
• not putting the specific amounts that can be added for collection costs in the original credit agreement;
• adding any unreasonable charges.

"Those visiting debtors must not act in an unclear or threatening manner."

Examples include:

• collectors should explain the reason for any visit and give you notice of the time and date they will call;
• they should not visit if they know you are ill or vulnerable and if they find you are unwell or distressed they should leave;
• they should not come in if you do not want them to and should leave when you ask them to;
• they should not visit you at work or somewhere like a hospital.

Phone us for advice 0808 808 4000


HOW TO DEAL WITH HARASSMENT BY YOUR CREDITORS

The first step is to write to a creditor and outline your concerns about the company's behaviour. Inform them that you are familiar with the terms of Section 40 of the Administration of Justice Act and ask that the creditor takes steps to avoid similar occurrences in the future. Tell your creditors how you would prefer to be contacted and ask that they confirm their agreement to this. A letter at this stage may avoid the need to take further action against the company.

• Tell them you are aware of the OFT Debt Collection Guidance and that you will consider making a complaint about their behaviour under the guidance.
• It is worthwhile keeping a diary of telephone calls, letters, visits etc. It is helpful if another person can confirm what happened, for example, when the creditor called at your home.
• It is usually difficult to persuade the police to prosecute in cases of harassment unless a more serious offence such as violence, fraud or blackmail is also involved.

INFORMATION
Normally complaints should be made to the trading standards or consumer protection department at your local council. They should investigate whether an offence has been committed and whether prosecution is appropriate. The penalty is a fine of up to £5,000 in the magistrates court. Also a conviction is likely to provide evidence that the creditor is no longer a 'fit and proper person' to hold a consumer credit licence.

• If trading standards will not act it may be worth contacting the Office of Fair Trading directly. The OFT does not usually take up individual complaints but their debt collection enforcement team collects information that can be used to take action against creditors who can lose their consumer credit licence.

INFORMATION
See the section 'Useful addresses' at the end of this fact sheet for details of how to contact the OFT.
The creditor may be a member of a trade association with a code of practice. You could find out if your creditor is a member of a trade association and write to them with your complaint. A code of practice is not legally enforceable but the association may take some action against their members.
INFORMATION
See the section 'Useful addresses' at the end of this fact sheet for details of the main trade associations.
OTHER OPTIONS

• Another alternative is for you to pursue your own prosecution in the magistrates court. This could involve considerable cost so you need to obtain proper legal advice first.

INFORMATION
If you are a BT customer, they have a service called 'choose to refuse' which might help you if you are getting a lot of calls from an unpleasant creditor. You have to key in a PIN number after a call. The caller will get a message refusing them if you don't wish to take their call the next time they ring. The cost of the service is approximately £10 per quarter for a maximum of 10 numbers. Ring BT on Freephone 0800 169 2707 for more details.
ADVICE
If you have a different telephone provider, contact them and ask if they have a similar service.

• You could refer to the Malicious Communications Act 1988. This deals with the sending of letters or articles for the purpose of causing 'distress or anxiety'. A person found guilty can be fined in the magistrates court. To prosecute successfully the letter or article sent would have to convey:
  • a message which is indecent or grossly offensive;
  • a threat; or
  • information which is false and known or believed to be false by the sender.
• The Criminal Justice Act & Public Order Act 1994 Section (4)(a) makes it a criminal offence to cause 'harassment, alarm or distress' with intent by using 'threatening, abusive or insulting words or behaviour'. This can only be an offence if it happens in a public place, not in your own home. The police would need to be contacted and prosecute for this offence.
• The Protection from Harassment Act 1997 makes it a criminal offence to harass people and put 'people in fear of violence'. The harassment must happen on at least two separate occasions. The police would have to agree to prosecute for this offence. Phone us for advice.

kurjam

shall i still phone them to see if they got my expenditure form ??
what if i dont hear from them??
thank s for all your help

kurjam

i am not be harrassed by allied, not know i told them not to phone me...infact its the oppersite they still have sent no cca and still no reply to the expenditure form i sent 2 weeks ago, what shall i do ??
what can i do ??

RAS

Kurjam

Sit tight.

Thinking about it, rather than stirring up the hornet's nest, I would keep quiet right now.

If they ring you or write to you "not doing anything until you produce the CCA".

You are 25 days into the 44 day total, after which pursuing you becomes an offence.

So another three weeks and you can send the bog off letter