Copy of signed credit agreement

moonlightpjs

Johnny
Just replied to your PM, not sure if you have sent the letter on page 1 of your thread, if not you can send after the 12+2 days

Hi Jon
I'm afraid there is not a lot you can do at the moment - I take it you mean you have sent the Default letter after the 12+2 days - if so, its just now a waiting game until the 12+2+30 days are up then you can send the non-compliance letter. They cannot do anything whilst the account is in default but I know its a pain to continue to receive letters, most of these are computer generated so dont worry about it. Keep all the letters you get from them as this will help your case if or when you report them.
You could, I suppose send the default letter again but it really is not down to you to remind them of their obligations -
let them dig a deeper hole for themselves . They want you to call them so they can bully you into acknowledgeing the debt and possibly arrange repayment terms.

Sorry I couldn't be of more help, this is just what I would do/have done but keep me posted.

jonnyboy35

Well,the 30 days are up today,hooray!!,so i've just posted my non-compliance letter to BCW!!

Big big thanks to all on this forum by the way,couldn't have got this far if it wasn't for you all.

But what now?I sent the 30+ days letter you advised Weller,but wondered what to do now with regards to reporting them etc?Or do i wait 14 days for their reply?

moonlightpjs

Wait 14 days and report them Good job :T

Edit: Actually I'd start the process now - they have committed an offence so all the non-compliance letter is doing is asking for repayment of any monies paid and the default removed but as the offence has now been committed I'd report them now.

jonnyboy35

What exactly do i do to report them lol...

orpheus

Hi Guys. A most fascinating thread- some of the advice and support being offered here is outstanding.

Four of my debts have been passed to DCA's (including BCW) and I am paying them as part of a Payplan DMP which has been going for two years and is quite 'settled'.

Should I assume that Payplan have asked to see copies of the original CCA's?

I really want to write and ask for this evidence of their (the DCA's) right to collect these debt/s, but I am nervous of upsetting Payplan who have done a lot to help me and have taken a lot of the pressure off and secondly I am worried that if I 'wind-up' the DCA's they may withdraw from the DMP and create further problems/stress for me.

Anyone have any advice/experience of this situation?

Thanks in anticipation, Orph

rog2

orpheus wrote: »

Should I assume that Payplan have asked to see copies of the original CCA's?

I really want to write and ask for this evidence of their (the DCA's) right to collect these debt/s, but I am nervous of upsetting Payplan who have done a lot to help me and have taken a lot of the pressure off and secondly I am worried that if I 'wind-up' the DCA's they may withdraw from the DMP and create further problems/stress for me.

You should NOT assume that PAYPLAN have asked for the original cca's.

There is nothing wrong with you asking for the cca's if you are on a DMP - it is your right, and the DCA's obligation - As far as 'winding up' a dca is concerned, just ask yourself if they would be at all worried if the boot were on the other foot?

uk_ruthie

Hi,

I have read the fantastic advice given on this post and wondered if you could all help me. This is the first time I have ever made a post anywhere so bear with me if I have left anything I should have said out.

A while ago I got a letter out of the blue from a DCA (Lowell Financial) for a debt that I had no idea of, in fact I have never even heard of the company the original debt was with. I phoned them a few times requesting information and they told me my date of birth and name were correct so it must be mine. then they sent me numerous letters saying I ignored their previous correspondance despite the fact I phoned them on receipt of every single letter. I found this forum and after reading some posts I wrote to them using a template I found requesting a copy of the agreement and sent them a cheque for £1.

The letter was sent recorded delivery and it was delivered and signed for on the 26th October. So I waited the 12 days to send the next letter. this timeframe elapsed and I sat down to write the next letter and low and behold one day after the 12 days I receive two letters from them.

The first from Hamptons Legal saying they are now acting on behalf of Lowell Protfolio and they are going to commence legal procedings in seven days. this letter was dated the 29th October but only arrived yesterday (14/11) and another letter from Lowell Financial confirming they are in receipt of my request for the credit agreement and the prescribed fee and that they are requesting a copy from the original lender and that while they endeavour to reply with the prescribed 12 day period under the Consumer Credit Act, apparantly I have to appreciate that this is dependant upon receipt of the information from the original creditor (who I am still not sure who they are!) This letter is dated November 8th but again arrived on the 14th.

So . . .Can anyone tell me -

Do I now have to extend the 12 days to allow them to ask the original creditor for the information or does the original 12 days stand?

Should I send the second letter as I had intended or shall I now wait? I was reading the letter and it says "I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to same. " and what is troubling me that although this is true because their letter is dated the 8th they could argue I have received correspondance relating to the request.

With regards to the letter fom Hamptons legal - Can they pass this onto someone else? Shall I continue dealing with Lowell or should I start writing to Hamptons?

I appreciate any help any of you can offer from your experience.

thanks in advance

Ruth

rog2

uk_ruthie wrote: »

Hi,

I have read the fantastic advice given on this post and wondered if you could all help me. This is the first time I have ever made a post anywhere so bear with me if I have left anything I should have said out.

Should I send the second letter as I had intended or shall I now wait? I was reading the letter and it says "I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to same. " and what is troubling me that although this is true because their letter is dated the 8th they could argue I have received correspondance relating to the request. Ruth

Hi Ruth - First of all - send the second letter to Lowell. By initially asking for the cca you have, legally, put the 'alleged debt' in dispute and a dca can NOT take legal action against you for a debt that is in dispute.
I have not heard of 'Hampton's Legal', but would not be, in the least, surprised to hear that they were, in fact, part of Lowell (Lowell, themselves, are a particularily nasty bunch of people who would resort to all sorts of scare tactics to separate you from your money). It is, probably, worth your while to send a copy of the second letter to 'Hampton's Legal'.
By not supplying you with a true signed copy of the original consumer credit agreement, within the 12 working days, the agreement is now no longer enforceable without a Court Order, and, in the unlikely event that Hampton's Legal were to initiate legal procedings against you, you would need to state, in your defence, that you have requested a cca which Lowell have failed to provide you with, within the legally allowed period, therefore this 'alleged debt' is now irideemably unenforceable.
I will do a bit of 'digging' to find out a bit more about this 'Hampton's Legal' but, in the meantime, it is contrary to the OFT Debt Collection Guidelines for a creditor to use more than one dca to pursue the same 'debt' at the same time.

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

You can report them to the Trading Standards Office for acting in breach of these guidelines.

Also, it would definitely be worth your while to have a word with one of the debt counselling charities, such as CAB or National Debtline, who will be able to clarify where you stand, legally.

Good luck.

fermi

rog2 wrote: »

I have not heard of 'Hampton's Legal', but would not be, in the least, surprised to hear that they were, in fact, part of Lowell (Lowell, themselves, are a particularily nasty bunch of people who would resort to all sorts of scare tactics to separate you from your money). It is, probably, worth your while to send a copy of the second letter to 'Hampton's Legal'.

'Hampton's Legal' are part of Lowell's from all the info I've seen. A so called "trading style". It may even say as much in tiny wording somewhere on the letters.

debtman2007

I need help also with a CCA, can someone check my thread please