Enaids lad and Sky card

[enaid]

Okidoki here goes.
The lad is in a debt management plan and has been since January.
Today he got letter from Power2contact who have now, according to them have been engaged by skycard to collect lads debt.
They said to contact sky within 72 hrs to sort it or they will send a pre legal visitor to us (whatever that is) or they will

1. Insitigate legal proceedings to secure a ccj

2. Enforce an attachment of earnings to regain payment from employer

3. Register a charging order against his property.

Any ideas what should be done next please cause I am so at the end of my tether with this lot. Thanks anyone Enaid xx
and please do not say don't worry cause i do and can't help it

[Sapphire]

Re: Enaids lad and Sky card

Is this one being covered by the Debt Management peeps, if so then write back to Power2 and tell them to get in line with the others and contact the Debt Management peeps and therefore to lay off as its being dealt with.

You could also send them a CCA request to see if they have the right paperwork as well.

But hey someone else will probably come along with another idea hun.

[Paule]

Re: Enaids lad and Sky card

Were Skycard not in his Debt Management Plan?

If so, write and point this out to them and tell them (or your DMP) to make contact to arrange for new payment details.

But the letter is the usual scare tactics.

YOu could always CCA them if you want to make them earn there money.
also send the letter regarding phone calls and visits

PKea

[Curlyben]

Re: Enaids lad and Sky card

Well you all know what I think of DCA's anyway

[enaid]

Re: Enaids lad and Sky card

The lad rang Skycard today and was told the debt had been reffered to the DCA because CCCS had paid under the £5 that had been agreed on one of the months.
Supposedly it is now sorted and CCCS have to send another offer to Sky for the same amount £5 and all will be ok. I won't hold my breath.

[Emerald]

Re: Enaids lad and Sky card

I would have a close look at the agreeement and offers CCCS have made on your son's behalf. What sort of level of debt are we talking here, and how long to pay it back? Good as they are CCCS (and Payplan) are notorious for getting people to enter into DMP's that are untenable in the long term, both for the debtor and creditor.

As others have said has your son CCA'd these debts?

[enaid]

Re: Enaids lad and Sky card

Okidoki asking for opinions and a little advice with this.

From Dec 07 when the limit of £310 was first gone over, this has been within a DMP. Well since Feb 2008 anyway, had a bit of bother at first but is sorted and paying now £5 per month.
Wrote to Sky Sept last year re change of address they never answered and we have had no correspondence from them since Sept last year accepting the payment for 12 months.
This was delivered to our new address via PO rerouting .
So no statements or anything all this time.
We did visit the old address and picked up the post and in it was a statement from them dated Jan 09. The balance has shot up from £312.82 to £631.50 in that 12 month so it is quite obvious they have not stopped interest or charges on this account.
Charges are £24 per month Late Payment fee and Overlimit fee plus int of about £13 a month now.
So I would like to get rid of this best way and cheapest way I can.
I have worked out total charges would now be £456 and 8% int a further £29.26
Also the amount paid through the DMP is around £80 now.
OK over to you lot ..............
Ta for any input Enaid xx

[Tools]

Re: Enaids lad and Sky card

As we discussed earlier in shout Nelly, IMO CCCS will not push the charges/interest issues with Sky, you must do that yourself.

Write to them requesting they cease adding interest and charges, that they remove the charges(and interest on those) already applied from the outstanding balance. Once the remaining figure has been established then either make a monthly repayment offer or an offer in full and final settlement of between 33-50%.

[Curlyben]

Re: Enaids lad and Sky card

If they refuse to act in a more reasonable manner then I'd go the whole CCA route and really screw them !!!

[enaid]

Re: Enaids lad and Sky card

Hows this then?
I wrote to you in September 2008 advising you of my change of address, the letter was never acknowledged. I had replies from all others I notified so, I can not imagine why the letter I wrote to you should not have arrived.
The last letter from you dated 15th Sept 2008 was one agreeing to my offer of £4.17 per month being paid towards this debt via CCCS. This was to be agreed for a period of 12 months and with a temporary suspension of interest.
I recently got a statement passed on to me, that was delivered to my old address dated 13/1/09 with a balance of £631.50. I can only surmise that charges and interest are still being applied to this account for the balance to be so much.
I am therefore requesting that all charges and interest applied to this account on the outstanding balance be removed.

I am aware that these charges are unlawful at Common Law & Statute. This is further reinforced by the Office of Fair Trading report of 05/04/06 which concluded that these charges are unfair to the consumer. In addition, following a recent Freedom of Information request to the Office of Fair Trading I was informed that:

“Following consultation with eight leading credit card issuers we have concluded that default charges in most credit card contracts across the sector are highly unfair in terms of the UnfairTerms in consumer Contracts Regulations (UTCCRs) and therefore unlikely to be enforceable against consumers”

If you believe that they are not penalties, then will you please demonstrate this by giving me a full breakdown of the costs you have incurred as a result of my breaches, in order to prove to me that your penalties really do reflect your actual losses.

Could you also take into account the payment of £82.13 paid to you through CCCS when recalculating the final balance.
When the final figure has been established to my satisfaction I will endeavor to make a further repayment offer.

[Tools]

Re: Enaids lad and Sky card

Little rewrite if you dont mind Nelly?

Nellys Lad
Wrongside of the Pennines
Doris shire
Not Abroad

In September 2008 I wrote to you advising you of my change of address, I am disappointed to have not received acknowledgement of this as each of my other creditors were courtious enough to do so.

In a previous letter from yourselves dated 15th September 2008 you accepted my proposals to offer £4.17 per month via CCCS with agreement to suspend interest and charges for a period of 12 months.

After receiving a recent statement of account dated 13th January 2009, posted to my former address and only recently redirected to me, I note that the outstanding debt has increased substantially to £631.50. I can see no other reason for this to have happened other than interest and charges being still applied to the account despite your previous agreement they would not be.

detailing my financial difficulty and enclosed a Financial Statement relevant to that time with my proposals for reduced payments and the freezing of charges and interest on the account.I therefore request that you remove any charges and interest applied to the account since previously agreeing not to do so in September 2008.

I would also insist that any default charges applied to the account since its inception and interest thereon be deducted from the outstanding balance and a detailed breakdown of such amounts forwarded to my new address as above. These charges are listed as "Late payment charge" or "Overlimit charge" amongst others.

I am aware that these charges are unlawful at Common Law & Statute. This is further reinforced by the Office of Fair Trading report of 05/04/06 which concluded that these charges are unfair to the consumer. In addition, following a recent Freedom of Information request to the Office of Fair Trading I was informed that:

“Following consultation with eight leading credit card issuers we have concluded that default charges in most credit card contracts across the sector are highly unfair in terms of the Unfair Terms in Consumer Contracts Regulations (UTCCR's) and therefore unlikely to be enforceable against consumers”

If you believe that they are not penalties, then will you please demonstrate this by giving me a full breakdown of the costs you have incurred as a result of my breaches, in order to prove to me that your penalties really do reflect your actual losses.

Could you also take into account the previous payments totalling £82.13 paid to you via CCCS when recalculating the outstanding balance.

When the final figure has been established to my satisfaction I will reconsider my repayment proposals and may possibly be in a position to offer full and final settlement of the account.

I trust your records will now be updated to show the above address as current and I await your reply to be posted to the same.

[enaid]

Re: Enaids lad and Sky card

Don't be silly we don't live there LOL
thank uou xxx

[enaid]

Re: Enaids lad and Sky card

Ok reply to the letter above.


Feeling quite sick over this TBH, anyway here goes with their response.

They contacted the lad in 30th Jan 2008 and agreed a payment plan of £5 per month.
The first payment to CCCS was made on 31st Jan 2008 (this just to show you when he started paying them)

Sky statements show payments as such

23/1 £5.00
22/2 £5.00
26/3 £5.00
23/4 £5.00
1/5 £5.00
24/6 £4.78
24/7 £4.17
24/8 £4.17

So according to them a FPA requires the 1st 2 payments are on a probationary period during which charges and int can be added. Once the 1st 2 payments have been made successfully the probation period comes to an end and the FPA is fully activated. This then allows them to to cease all future int and charges. Please note if you provide a larger payment then agreed, this will void the FPA. So rules sorted I think.
Then goes on to say "You provided the 1st payment of £5.00 under the FPA on 22nd Feb 2008 however you did not provide a 2nd payment during March 2008.
So int and charges are still applied.
Am I reading something wrong here please?
Are the payments according to their statements not right do you think?

Anyway they also refused to give charges back as from sept 2008 all charges have been applied correctly in accordance with T&C's
Comments please.

[Amy]

Re: Enaids lad and Sky card

Have you sent Sky a Subject Access Request?

[enaid]

Re: Enaids lad and Sky card

ish