In trouble with debts due to illness

[Curlyben]

Re: In trouble with debts due to illness

Is Cahoot for a card or account ?
As for the agreements can you scan and post em ??
Remember to remove your personal details.

[macca]

Re: In trouble with debts due to illness

Cahoot is a personal loan.

I'll see if I can scan them at work tomorrow, or get a good photo with my camera. The rescheduled one that has been altered with a pen, the rest of the number is almost unreadable too, if you didn't know the actual number you would struggle to read it.

[Curlyben]

Re: In trouble with debts due to illness

Well Cahoot are talking cows as the OFT case concerns bank ACCOUNTS and NOT loans at all.

No matter really, it;s well and truely in dispute now anyway.

[macca]

Re: In trouble with debts due to illness

Attached are pics of the AA Personal Loan agreement (the rescheduled one)..

[macca]

Re: In trouble with debts due to illness

So what do I say to Cahoot then? Do I need to quote something so they realise I know that it's not in dispute?
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Sorry to keep asking so many questions too, but with the AA Loan.. As they have not sent me the breakdown of charges when they should have done, what do I do next? Remind them? Report them for not complying with a DPA request? They are hassling for payment so do I need to send another letter stating account in dispute?

[scottishlass]

Re: In trouble with debts due to illness

Hi Macca,

If they haven't supplied your data within the 40 days you can report them to the information commisioner.

I hope this helps

[macca]

Re: In trouble with debts due to illness

Thanks scottishlass, will do that.

Had yet another letter from Blair, Oliver and Scott (Debt Collectors) today, acting 'on behalf' of AA Financial/HBoS. This time it's a Notice of Intended Court Action. They have previously been sent an account in dispute letter at the end of Sept whilst I was waiting for the charges breakdown from AA, but they have ignored this and are escalating their threats. What do I need to write back to them, I assume reminding them that it is in dispute and I would also like to report them for harrassment?

[macca]

Re: In trouble with debts due to illness

Is anybody there, or have you all gone away for Christmas?? Hehe..

Anybody suggest the best thing to write, I'll make something up if I have to but I'd rather have some that has been recommended and I know makes sense!

[scottishlass]

Re: In trouble with debts due to illness

Hi Macca,

Sorry for the delay is this for the loan or credit card (sorry if I am being thick) and have they complied with your CCA request?

[macca]

Re: In trouble with debts due to illness

No worries on the delay, was only trying to be funny

This is for my AA credit card, and no they have not complied with my CCA request (has been about 4-6 weeks since the deadline, and I don't think they've complied with my charges request either.

[Mochamoo]

Re: In trouble with debts due to illness

I'm not so great with all the debt letters so I dont know if we have one, have you tried looking in the library?

Template Library Letters - Legal Beagles
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ahhh yes we do....

Here's a letter for when they fail to send the agreement:

To Whom It May Concern:
I refer to my letter dated xxxxxxxxx, which was delivered to your offices on xxxxxxxxxxxx.

You have failed to acknowledge this request in any way, whether by confirmation of receipt of the letter or by supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

In my letter of the xxxxxxxxxxxxx I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time you’ve had this account, along with any other documents mentioned in the credit agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. If the request is not satisfied after a further 30 calendar days, your company then commits an offence. These time limits will expire on xxxxxxxxxxx and xxxxxxxxxxxx respectively.

As you are no doubt aware, Section 78(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.

Therefore on xxxxxxxxxxx this account will become unenforceable at law and no further payment will be made by myself to the account. Also you will have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debt to your company
I will require the following action from xxxxxxxxxxxxxxx Limited :

1. All payments made, to date, to yourselves for this account should be refunded in full, including interest at the rate of 8% per annum.

2. Removal of all defaults entered by xxxxxxxxxxxxxxx Ltd. Note: this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

4. After a full refund of all payments, with interest and compensation, are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force xxxxxxxxxxxx Company Limited or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing.
I may also pass the matter to the relevant enforcement authorities including, but not limited to, the Financial Crime Branch of HM Treasury, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

I look forward to your reply within 14 days to resolve the matter amicably.

Yours faithfully,


Add details to suit

[macca]

Re: In trouble with debts due to illness

Ooh, bullying letter I like to be able to send that kind of letter to them for a change!

[scottishlass]

Re: In trouble with debts due to illness

Hi again

Good letter but just one thing I will check and get back to you or get Curly to look into your thread, I think the bit about it being a criminal offence after the 12 months has changed I am not 100% on that back soon

SL xx

[macca]

Re: In trouble with debts due to illness

Oh right, ok thanks SL

[Curlyben]

Re: In trouble with debts due to illness

The criminal part of CCA has been repealed.
Now I'd be inclined to send them one of my letters.
Have a look at #7 here: Consumer Credit Agreements - A Guide - Legal Beagles
The Formal Complaint one
Just need to remove any reference to criminal offence being committed.