Cca Requests Updates Please

blondie46

I have sent 3 CCA requests to Monument, 2 to Cap 1 and 2 to Barclaycard. Monument sent a photocopy of some application form I had signed, Barclaycard and Cap 1 both did the same, but none have fully complied with my request. Monument have now closed my account and are threatening me with court/dca's, even though I have told them my account is in dispute. They are also ringing me 3 or 4 times a day asking for payment. If my account is closed is this legal and can they continue adding late payment fees/over the limit fees?:mad:

MS_Dolphin

MS_Dolphin wrote: »

Hi,

I've sent 12+2 letters to all those who haven't replied (or inadequate reply) to CCA request. I'm still getting monthly statements and letters with increasing balances due to interest and charges. I'm also getting daily phone calls despite formally requesting they stop.

What do I do? Do I write to them and tell them to stop, or ignore them?
Also who do I write to to complain - OFT; Financial Ombudsman; Trading Standards - all of the above? Do I need to send these recorded delivery - its getting expensive all this letter writing.

Hi, sorry, but bumping this as I'm getting letters daily and calls literally morning, noon and night and would like to know what I do next?

Thanks

MS_Dolphin

MS_Dolphin wrote: »

HI another one please,

Tomorrow is 40 days since I sent SAR's (should this be working days, or just 40 days). I've had only 1 response out of 7.

What do I do next?

As above, bumping this. The 40 days are up and I want to act straight away, but don't know what I should do.

Any help is gratefully received.

Thanks

blind-as-a-bat_2

MS_Dolphin wrote: »

Hi, sorry, but bumping this as I'm getting letters daily and calls literally morning, noon and night and would like to know what I do next?

Thanks

OFT, quote the accounts are in dispute and there recent ruling against nckenzie hall, but they dont always deal with single cases, so you could try trading standerds as well

As above, bumping this. The 40 days are up and I want to act straight away, but don't know what I should do.

Any help is gratefully received.

Thanks

If i remember rightly you should report them the ICO, as they have now breached the DPA, not sure if you have to give them a final warning first though, i seem to remember reading you should write and give them 14, or 21 days to comply, but i may be wrong.

If no one else answers i will see if i can find where i read it

MS_Dolphin

blind-as-a-bat wrote: »

OFT, quote the accounts are in dispute and there recent ruling against nckenzie hall, but they dont always deal with single cases, so you could try trading standerds as well



If i remember rightly you should report them the ICO, as they have now breached the DPA, not sure if you have to give them a final warning first though, i seem to remember reading you should write and give them 14, or 21 days to comply, but i may be wrong.

If no one else answers i will see if i can find where i read it

Thanks again, I've just had my third call of the day from M&S Money who say they will not stop calling because I wont clear security with them and insist they have a legal right to call despite me saying they are in dispute. I'm also continueing to get monthly statements with increased interest and charges which is the other reason I need to know what to do next.


As for the SAR - the main reason I sent them was to get a better idea of my case for challenging the CCA - figuring if I can see what they hold on me I might have a better idea of my case, but if they don't reply I'm none the wiser and want to know where this leaves me.

Thanks again.

blind-as-a-bat_2

MS_Dolphin wrote: »

Thanks again, I've just had my third call of the day from M&S Money who say they will not stop calling because I wont clear security with them and insist they have a legal right to call despite me saying they are in dispute. I'm also continueing to get monthly statements with increased interest and charges which is the other reason I need to know what to do next.


As for the SAR - the main reason I sent them was to get a better idea of my case for challenging the CCA - figuring if I can see what they hold on me I might have a better idea of my case, but if they don't reply I'm none the wiser and want to know where this leaves me.

Thanks again.

Its all part of the game they play, to get you to pay up, all i can say is i got past all that with some by just ignoring them, and changeing the phone number so they could not intimidate us over the phone, it helped a lot.

My OH has 5 creditors, only two are still activly persueing, and one of them is a DCA that has been assigned a debt.

They dont give up easiily, and every now and then one of the other three pop up via a new DCA acting as an agent, but so far all have returned it to the creditor

Its all mind games, even the one that took us to court had no intention of seeing it through, as they did not turn up to the hearing, they where just trying there luck

They lost:D

But it could have gone either way as the judge ignored the CCA act.

It all really depends on why your doing this, if you cant afford to pay, which is our situation, does it really matter what they say or do, or dont do for that matter? it does not change the fact we have no money, no matter how much they throw there dummy out of the pram:p

MS_Dolphin

blind-as-a-bat wrote: »

Its all part of the game they play, to get you to pay up, all i can say is i got past all that with some by just ignoring them, and changeing the phone number so they could not intimidate us over the phone, it helped a lot.

My OH has 5 creditors, only two are still activly persueing, and one of them is a DCA that has been assigned a debt.

They dont give up easiily, and every now and then one of the other three pop up via a new DCA acting as an agent, but so far all have returned it to the creditor

Its all mind games, even the one that took us to court had no intention of seeing it through, as they did not turn up to the hearing, they where just trying there luck

They lost:D

But it could have gone either way as the judge ignored the CCA act.

It all really depends on why your doing this, if you cant afford to pay, which is our situation, does it really matter what they say or do, or dont do for that matter? it does not change the fact we have no money, no matter how much they throw there dummy out of the pram:p

Thanks again.

Its a good question you ask - why are you doing this? I honestly can't afford to pay although I would probably be able to limp into an IVA, but that would mean me and my family (who are not responsible for any of the debt) having to merely exist for the next 5/6 years.

I've never missed any payment on any debt before and morally I believe I have a responsibility here, but it is easy to have morals on a full stomach. It might be a technicality, or loophole or whatever other justification we want to use, but if this is a way I can legally put the debt situation behind me, then I'll take the chance. If it works great, if not then I'll ask what's next.

So, to answer the question, why am I doing it? I know now that if I can fix this, then I'll never have a credit problem again. The main reason I'm doing it is to find a way out of the situation, put it behind me and get on with my life.

Thanks again to all those who are trying to help.

Broken_hearted

MS_Dolphin wrote: »

Thanks again, I've just had my third call of the day from M&S Money who say they will not stop calling because I wont clear security with them and insist they have a legal right to call despite me saying they are in dispute. I'm also continueing to get monthly statements with increased interest and charges which is the other reason I need to know what to do next.


As for the SAR - the main reason I sent them was to get a better idea of my case for challenging the CCA - figuring if I can see what they hold on me I might have a better idea of my case, but if they don't reply I'm none the wiser and want to know where this leaves me.

Thanks again.

Same here M&S have no intention of listening to anything said to them. They are doing whatever they feel like such as phoning my son. I am getting tired of firing off letters and complaints. Still it's their money they are wasting.

rog2

MS_Dolphin wrote: »

I've just had my third call of the day from M&S Money who say they will not stop calling because I wont clear security with them and insist they have a legal right to call despite me saying they are in dispute.

This is now 'Harrassment' which is contrary to both Section 40 of the Administration of Justice Act, 1970, and the Protection from Harassment Act, 1997.

It is, to put it simply, illegal. For some reason, known only to themselves, M&S seem to think that they have a God Given right to ignore the Law. Another poster (Brokenhearted) is receiving the same treatment from them. :mad: :mad:

First of all, send them the 'Harassment by Letter' letter that you will find on post#5 of the following thread - http://forums.moneysavingexpert.com/showthread.html?t=963087

This letter will inform them that any further telephone calls will, also, put them in breach of the Communications Act, 2003.

If the calls continue - do not hesitate to report them to the OFT - even OFCOM.

Now, with regard to your overall situation - it is obvious that you need some professional advice before this turns you into a nervous wreck. You have mentioned the possibility of an IVA, but I would urge you to consider all other options before going down that route. There are, I promise, many options to deal with your debts although the IVA is, probably the most publicised - usually by the myriad of 'Debt Management Companies' for whom an IVA can earn them a very healthy fee - so, please don't be tempted by any company that is offering to 'write off up to 90% of your debts, using a little known Government loophole' (IVA).
Instead, have a chat with one of the Debt Counselling Charities that this site endorses, such as:

• National Debtline - www.nationaldebtline.co.uk - tel. 0808 808 4000
• CCCS - www.cccs.co.uk - tel. 0800 138 1111
• A Debt Adviser at your local CAB

All of the above charities employ qualified, impartial and professional advisers, who will look at your situation and discuss the various options that are open to you. They will even 'manage' any Debt Management Plan that you may decide to pursue, thereby relieving an awful lot of the pressure that you are now under.
Coupled with that, this site will, happily, give you all the support - and more- that you need to 'deal with your debts'.

And finally, and there is no getting away from this - even by the 'mighty' M&S - do not forget that by not having provided you with a true copy of the original executed consumer credit agreement within the legally prescribed time period, they are, now, in default and can not enforce the said agreement.

As 'blind-as' has already said, the OFT have given at least one Debt Collection Agency (Mackenzie Hall) a final compliance warning - see thread -

http://forums.moneysavingexpert.com/showthread.html?t=1639473

The OFT are interested in hearing about any creditor or debt collector who ignores their strict guidelines on debt collection:

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

The address to which you should address any such complaint is:

Enquiries
Office of Fair Trading
Fleetbank House
2-6 Salisbury Square
London
EC4Y 8JX

E-mail: [EMAIL="Enquiries@oft.gsi.gov.uk"]Enquiries@oft.gsi.gov.uk[/EMAIL]

10past6

A great reply there form rog2.