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DCA Trouble

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  • DCA Trouble

    Hello, I'm in need of some guidance.

    To try and cut a long story short, 5 years ago I had a good job etc. etc. then I was made redundant and approximately around the same time found out that I was expecting my first child, which made finding another job that much more difficult. Add to that, all the insurances which I had taken out on loans, credit cards in the event of redundancy became null and void, they wouldn't pay my bills once they learned of my pregnancy. Anyhow, despite the best efforts of my partner and myself, I fell behind with payments and defaulted on a number of accounts. I have held my hand up to all but one, and am still doing my best to pay them off, doing reasonably well too.

    However, the one account which hasn't been dealt with was a Natwest credit card with a balance of £2.5K. Basically the story goes thusly, after my redundancy I left my permanent residence (from where I had started the account pre 2003 I think) and moved to Yorkshire to be with my partner who was stationed there with the army, changed my address with Natwest and it was whilst there that I defaulted on the payments. After 6 months, he had left the army and we moved back to my permanent address, by which time the baby's birth was imminent and I just didn't change my address with Natwest back again. Time marched on and, feeling deeply under the cosh from other debt collectors, I buried my head in the sand. I know it's no excuse but I couldn't bear any more and I had a new daughter in whom I could take little delight as I pretty much felt suicidal with threats coming from all angles, afraid to answer the phone, afraid of the postman. I have however, always been on the electoral register, so haven't actively tried to 'hide'.

    So, fast forward to now and I've had a letter from Allied International Credit regarding my outstanding a/c with Natwest, the first I have heard about it since I stopped paying the account in summer 2004. So I called them and, for the first time in all my dealings with debt collectors, I asked for a copy of the credit agreement (not sure why, just something about the guy's demeanor that rankled) he told me to get it myself. I refused and insisted they do it, whereupon he started shouting down the phone, ranting, asking me why I didn't pay my debts etc. I told him that I had no idea who they were, and that I wasn't going to pay them anything without proof that I owed it to them. So, he continued ranting and I put the phone down. He obviously did 1471 and called me straight back, saying that I need to send my request in writing and to include £1.

    So, I guess what I'd like guidance on is, where do I go from here? Have I set in motion something which I'll regret? I know little or nothing about the process. I don't even know why I asked for it, I haven't done so with Metropolitan, nor Moorcroft, both of whom I've been paying since the time of default on other accounts as I know they are my debts.

    Any help would be very gratefully received.

  • #2
    Re: DCA Trouble

    Hi collette and welcome to Beagles

    Completely understand about shutting yourself off from everything, I hope you are feeling better with things now. ((((((((((((((((((hug))))))))))))))))))

    you did absolutely right to ask Allied for proof that they were entitled to chase the Natwest debt.

    What you do need to do now is follow that through by sending a request formally for the original agreement under the Consumer Credit Act - and yes you do need to enclose a £1 fee.

    CurlyBen has written a great guide to the CCA and if you read through that you should understand the process and the whys and wherefores. You can find that Consumer Credit Agreements - A Guide - Legal Beagles

    A template letter for requesting the CCA is in that article.

    Have a read, a cup of tea, and if you have any questions please feel free to ask away, anything.

    Hope that helps a little for the moment

    Ame
    xxx
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Re: DCA Trouble

      Hiya Collette and welcome to the site, don't feel guilty about burying your head in the sand hun, I've done it and can guarantee that loads and loads have done it too.
      What is good is that you are aware and are now getting yourself straight, I've nothing much more to add except for DON'T sign anything not even the letters, use the signature font to do that, oh and if they keep pestering you on the phone we have an excellent template letter to send that will stop the phone calls.

      You can relax now you are amongst friends ((((((((((((Hugs))))))))))))) and enjoy your baby.

      Comment


      • #4
        Re: DCA Trouble

        Hi Collette, Welcome Ive have been exactly where you are and with help from these guys you'll be where I am now, happier, healthier and more confident and not scared of the Postman (poor chap!).

        xx Lumi xx
        Luminol x

        Comment


        • #5
          Re: DCA Trouble

          AIC and a card
          *Rubs Hands*

          Time to stop hiding and face these "Lovely People" with the power of Statute Law

          As and when they call again simply state that you require everything in writing for the avoidance of doubt and that you do NOT discuss financial issues over the phone..

          Comment


          • #6
            Re: DCA Trouble

            Hi Ame, Sapphire, Luminol, and Curlyben!

            I'm officially bowled over by all your warm replies, I'm so glad I found this site and thank you, it feels much better to know I'm not the only one. The entire last 4 years have just been a bloody nightmare really, I don't think I've relaxed since 2004! So, I think this guy's attitude was the straw that broke the camel's back so to speak. They all stink in the attitude department, but this guy put them all to shame.

            He has called and left messages on my mobile to call him back, but as I don't answer 'anonymous' calls I've been able to just ignore him. So, I have put together a short letter, which I was going to attach but am having trouble with security tokens apparently. So here it is:-

            [FONT='Arial','sans-serif']Dear Sirs,

            Re: AIC Reference No: [/FONT]

            [FONT='Arial','sans-serif'] [/FONT]
            [FONT='Arial','sans-serif']I do not acknowledge any debt to your company.

            Concerning the above, I would appreciate if you could provide me with a true, signed, copy of a credit agreement and notice of assignment.

            I understand that, under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of any credit agreement (pertaining to me) on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

            I am also given to understand that a copy of this credit agreement should be supplied within 12 working days.

            It is my belief that, under the Consumer Credit Act, creditors are unable to enforce any alleged agreement if they fail to comply with a request for a copy of said agreement under these sections of the Act.

            May I also take this opportunity to request that you refrain from attempting to communicate with me by phone, as it is my intention to correspond solely by letter.

            [/FONT]

            Is it ok to send? Thanks again.

            Comment


            • #7
              Re: DCA Trouble

              Hi Collette,

              Thanks for your kind comments, I'm sure you'll find everyone on here is very nice and extremely helpful.
              If you take a look in Amethyst's post #2 she provides a link to Curlybens guide to the CCA, take a look in there and you will find templates of letters for you to use.

              Comment


              • #8
                Re: DCA Trouble

                I think everyone has said hello so when I read the word "NatWest" I thought it only fair if I said the same. A Warm Welcome and I am sure we can help.

                Comment


                • #9
                  Re: DCA Trouble

                  Originally posted by sapphire View Post
                  Hi Collette,

                  Thanks for your kind comments, I'm sure you'll find everyone on here is very nice and extremely helpful.
                  If you take a look in Amethyst's post #2 she provides a link to Curlybens guide to the CCA, take a look in there and you will find templates of letters for you to use.
                  Hi Sapphire,

                  I am an idiot, I've been messing with that letter for hours (well, a while anyway!) Have looked at Curlyben's and as it's vastly superior I'll use that one.

                  I really can't believe how nice everyone is giving up their time to help, it's such a relief to speak to people who know what they're talking about. Am reading Curlyben's tutorial now, excellent.
                  ------------------------------- merged -------------------------------
                  Originally posted by natweststaffmember View Post
                  I think everyone has said hello so when I read the word "NatWest" I thought it only fair if I said the same. A Warm Welcome and I am sure we can help.
                  Hi Nattie,

                  Thank you so much, I feel much more positive about things now and feel I have the courage to forge ahead with this.
                  Last edited by Colette; 19th March 2009, 16:07:PM. Reason: Automerged Doublepost

                  Comment


                  • #10
                    Re: DCA Trouble

                    Hi Collette.

                    There are probably loads of charges on the Natwest card as well, for late payment, over limit feesetc. Do you have statements for your credit card? If so, then add up the charges and see how much they come to.

                    Not sure if it would be best to go down the no CCA route and get the debt zapped back to Natwest, then reclaim the charges which they would take from the balance and thus reduce the balance owing. Curly would be the best to advise on this.

                    If you go down the reclaiming charges route, you will find Natwest relatively easy to get charges back from, I did it for my husband's card in a matter of weeks.
                    TonyB - v - Natwest Credit Card ***SETTLED*** - Legal Beagles
                    Is no longer here

                    Comment


                    • #11
                      Re: DCA Trouble

                      Originally posted by WendyB View Post
                      Hi Collette.

                      There are probably loads of charges on the Natwest card as well, for late payment, over limit feesetc. Do you have statements for your credit card? If so, then add up the charges and see how much they come to.

                      Not sure if it would be best to go down the no CCA route and get the debt zapped back to Natwest, then reclaim the charges which they would take from the balance and thus reduce the balance owing. Curly would be the best to advise on this.

                      If you go down the reclaiming charges route, you will find Natwest relatively easy to get charges back from, I did it for my husband's card in a matter of weeks.
                      TonyB - v - Natwest Credit Card ***SETTLED*** - Legal Beagles
                      Hi Wendy,

                      I haven't got any statements, but I should imagine there are quite a lot of charges! What I really want, at the moment, is to pull the rug from under AIC, I simply do not want to deal with them. If it gets passed back to Natwest then that's fine with me, and I'll look at the charges then. Thanks for the heads up though, I don't think I would've even considered it. Honestly, I've got so many balls in the air right now, what with dealing with DCAs, children, work, home (we had a serious gas leak recently, and due to have asbestos removed tomorrow), that I don't know which way is up lol

                      I've got my letter enveloped up and ready to go tomorrow (courtesy of Curlyben)! Keep your fingers crossed for me. :tinysmile_hmm_t2:

                      Comment


                      • #12
                        Re: DCA Trouble

                        You are in very safe hands here, everyone is really lovely and very very helpful. I know this site has been my saving grace and helped me get my head out of the sand and face up to what was really going on. Thanks to everyone on this site I now feel in control, rather than being controlled by my finanical mess!!

                        Curlyben is amazing at dealing with DCA's, he has DCA's quaking in their boots and hiding under their desks when he takes them on.

                        Remember that when dealing with DCA's and such like, the bigger they are, the harder they fall - and thanks to this site, they fall quickly and painfully!!!

                        Comment


                        • #13
                          Re: DCA Trouble

                          Just got back from a weekend away at the in-laws (wanted to get as far away from abestos removal as poss), very lovely it was too! I'm overjoyed that I've found this site, I posted the letter on Friday and it was delivered yesterday so the clock is now ticking on their reply. I would have loved to be a fly on the wall when the bloke in question received it.

                          The letter was dated 19th March and posted on the 20th, so am I right in thinking they should reply by Wed 8th April?

                          Comment


                          • #14
                            Re: DCA Trouble

                            Sounds about right.
                            I bet you a whole pound they ignore your request and continue to demand payment

                            until they comply you have NOWT to say to them, at all.

                            Keep us posted.

                            Comment


                            • #15
                              Re: DCA Trouble

                              Originally posted by Curlyben View Post
                              Sounds about right.
                              I bet you a whole pound they ignore your request and continue to demand payment

                              until they comply you have NOWT to say to them, at all.

                              Keep us posted.
                              That's a bet that I'll happily take you up on, and be equally happy to lose! Thank you so much for putting up your templates for people like me to use, invaluable.

                              As an aside, I found an interesting article in timesonline which mentions AIC, for any that are interested.

                              Here's the link:-
                              http://www.timesonline.co.uk/tol/mon...cle5620813.ece

                              Comment

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