DCA Help - getting a bit worried about this one

artnoble

Hi

I have AIC trying to get back £1100.00 from a Natwest Credit Card (also been with triton).

I have asked for the CCA however the 12+2 days has now passed and the only thing I have had from them is a rejection for my proposial. (presumably the £1.00 cheque they must have had for payment).

I have had a latter from them today a FINAL NOTICE OF INTENT. Saying if I dont pay up in full then they will start court procedings.

they say that they seize assests and charge my moms property. What do I do now? I'm a bit worried as I can't pay.

I know I owed the debt to natwest and even paid triton however what can they do if they can't give me my CCA.

artnoble

they also say this is the final warning they are going to give me and wont write to me again.

Bricking it here a bit.

ALIBOBSY

For a start they can't get an charging order on any property unless it belongs to you and they can't seize assets unless they take you to court get a CCJ and then you fail to stick to the court ordered payments. If they attempted to take you to court you defend on the grounds they have breached your CCA request and do not have a correctly executed credit agreement.
Best bet at this stage is to report them to your local trading standards for failure to respond to your CCA request, but I think you have to wait until they are in criminal default ie the 12+2 days then a month. Might be worth writing to them again pointing out that they are in default of your request. Have you reclaimed any charges applied to this account to bring down the balance? The current test case regarding charges is about current account charges not credit card, so the FSA could look at these for you. Have a read in the reclaiming charges bit of the forum.
Good luck
ali x

ALIBOBSY

Which DCA is it btw.
ali x
Opps its in your OP sorry lol.
ali x

artnoble

Hi thanks for that. Bit re-assuring.
I have claimed my bank charges from my natwest current account and they wrote to me and told me not to claim again. But im not sure if that was for all natwest products or just my current account.

No harm in trying I guess though.

The debt orgional went to Triton but has now been passed on to AIC Allied International Credit.

I have written to them twice using the template given, however the first one I forgot to put £1.00 so I sent it again and the 12 + 2 is up.

How would I report them to trading standards?

How will I not know that they will just start procedings any way as it seems to be falling on deaf ears at the moment.

moonlightpjs

hi there
Try not to worry - its only scare tactics :mad:
You have placed the account is dispute by requesting your CCA and now that the 12+2 days are up they are in default so they cannot legally take any further action and they know this but what they dont know is that you know what you are doing ITMS/and they quite possibly havent got a CCA so they are just trying to scare and bully you into paying - a well known tactic with DCA's I'm afraid. i would recommend sending this letter and as always send by recorded delivery, check on the Royal Mail website that both this letter and your CCA have been signed for and print the confirmation off as this will help your case when you take it to TS.

DEFAULT UNDER THE CONSUMER CREDIT ACT 1974
FAILURE TO PRODUCE AGREEMENT


Dear Sir/Madam


ACCOUNT NUMBER: *******************


I wrote to you by Special Delivery/Recorded Delivery ( Ref ******) on ***** 2007 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a 1.00 postal order as the fee payable. This letter was delivered and signed for on *****, 2007.


The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on *****, 2007. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on ********** 2007 this time limit will have expired.


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. As such, this account has become unenforceable by law. As you are no doubt aware subsection (6) states:


If the creditor under an agreement fails to comply with subsection (1)—


(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.

As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.

Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (****, 2007)


Data Protection Act (Data Protection Act 199

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

Yours faithfully,

HTH and Good Luck x

averageguy11

I'm sure u will b ok..but AIC do seem to b aggressive..my debt was a pnl loan with lloydstsb who passed it on to AIC...but kept 2 othr cc debts ..all r under my dmp..but despite requesting details of my debt counsellor at the local CAB in december thy havent written to them but merely sent me a snotty ltr threatening court action unless i cough up 2k,,total joke

artnoble

thanks guys.

I'll send out the letter on monday. I'll also send a letter to natwest to requesting bank charges to be credited to the account.

How would one go about reporting them to trading standards. Would I have to call them or write to them?

Cheers guys big help.

I have sent my letters by recorded mail and have proof of them being received. Thank you.

artnoble

I hope this works out. scared it'll go to court. I'd hate that for that to happen.

I'll keep you all posted.

artnoble

the letter signing for the CCA was signed for on 11th February 2008 and I have nothing as yet.

How do I report them to trading standards.

mm2000

You should be able to find your local trading standards by an internet search. Write to them and inform them of everything going on as well as copies of any letters you have sent. I'd also mention the scare tactics that are being used. While you're at it find the TS office for the district of the DCA and inforfm them too.
You can type in your location here for the address

http://www.tradingstandards.gov.uk/consumers/consumers.cfm