AIC for Nat WestHi all, haven’t found my way around properly yet, so I hope I’m putti

[Alpharo]

Hi all, haven’t found my way around properly yet, so I hope I’m putting this question in the right place.

I received a letter from AIC on the 9 June claiming that they had taken on an unpaid debt of £4,500 from Nat West Bank. I immediately wrote back saying that a standing order had been in place and paid without fail for several years to Nat West and that I had not heard anything from them to say that the debt was being handed over to AIC. I therefore requested a copy of the original documentation and statement of all payments received since its inception.
I then got another letter enclosing a standing order mandate which I went ahead with and set up with my bank, at the same time cancelling the standing order to Nat West. However, it is set up to commence payments from 25 June. My question is, if I do not receive confirmation of the hand over or a copy of the documentation by 24 June, should I hold back on repayments until proof has been provided? I’m only paying £5 per month as I have been on incapacity benefit for 10 years. Thanks in anticipation.

[Curlyben]

Re: AIC for Nat WestHi all, haven’t found my way around properly yet, so I hope I’m p

I'm assuming your request for documents was a CCA request with £1 fee.
If so just wait for them to respond. Admittedly a simple Prove It goes a long way as an opener.

You MUST have a read of this thread: Dealing with DCA's - Legal Beagles Consumer Forum

[Alpharo]

Re: AIC for Nat WestHi all, haven’t found my way around properly yet, so I hope I’m p

To be honest I knew nothing about CCA or £1 postal orders until I came on the sight a few days ago. So should I write again enclosing this or should I wait for their reply, whatever it is, and then respond with a CCA request? This is all new to me, I've just been plodding along in my own way up til now, keeping everybody happy with token payments. But I'm always wary of someone coming down heavy!

[Curlyben]

Re: AIC for Nat WestHi all, haven’t found my way around properly yet, so I hope I’m p

You mentioned this:

I therefore requested a copy of the original documentation and statement of all payments received since its inception.

What EXACTLY did you send them ?
I assumed it was a CCA request.

[Alpharo]

Re: AIC for Nat WestHi all, haven’t found my way around properly yet, so I hope I’m p

Ok, well I heard a remark on TV about the onus being on the DCA to prove that money is owed and that if they are unable to provide a copy of the original documents, then you are not liable for the debt. (Dom Littlewood I think it was) On the strength of that I wrote to another of my creditors (Robinson Way) and asked them to produce a copy of an original loan document and all payments made. They say they are looking into it and in the mean time payments have been stopped. I guess I was just trying the same thing with AIC.

[Alpharo]

Re: AIC for Nat WestHi all, haven’t found my way around properly yet, so I hope I’m p

I can post a copy of the actual letter minus the details if you like.

[Curlyben]

Re: AIC for Nat WestHi all, haven’t found my way around properly yet, so I hope I’m p

Yes, the onus IS on the DCA to prove their lawful ability to collect a debt, but there are ways and ways, as detailed in the referenced thread.

Posting up what you sent them, minus your details, would be very helpful indeed.

Don't worry I'm a bit good with DCA's

[Alpharo]

Re: AIC for Nat WestHi all, haven’t found my way around properly yet, so I hope I’m p

Thanks for the reassurance. Perhaps naivety can be a good thing sometimes. I seem to have been getting away with letters like this for the last 10 years. This is the letter to AIC.

Dear Madam

Reference ********

Thank you for your letter dated 25 May and received today 9 June, regarding the above Nat West account.

Monthly repayments to all my creditors have remained constant and regular for sometime now by standing order. I have had no communication to say that my debt was to be passed on, so unfortunately, I have no idea who you are or to which debt you are referring. Changes and account references have become very confusing over the years and I have made mistakes previously when changes have been made. Therefore for clarity, I would be grateful for your cooperation in providing me with a copy of the original documentation for this account and all repayments that I have made since its inception.

I would also advise that you obtain full details of my personal circumstances from Nat West before you start making heavy demands on my very limited income. I have written many times about my personal health and consequential financial circumstances, so I don’t really wish to repeat myself yet again.

Should I now cease repayments to Nat West until such time that details of your account are provided and agreement has been made with regard to future repayments?

I look forward to hearing from you.
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I then received a reply by way of a standing order mandate which I set up to commence on 25 June, but no other communication as yet. Hope this helps.

[Curlyben]

Re: AIC for Nat WestHi all, haven’t found my way around properly yet, so I hope I’m p

Good letter for now. It can be quite scary dealing with DCA's especially with the wording they use on their demands. You've found the right place for help.

Firstly CANCEL that Standing Order and ONLY pay Natwest as they are the only people that have shown their lawful right to make any demands on this account.

IF AIC don't like this and write again we'll deal with that as needed.
If they call simply state that you require ALL communications to be in writing for the avoidance of doubt and that you require your number to be removed from their system.
DON'T be drawn into a discussion about this as the DCA agent is simply phishing and trying to get a payment out of you. They wont like this, but tough. You are completely within your rights to make these requests. Same goes for anyone asking about financial matters on the phone.

Snail mail has it's uses and this is a big one of them.

I see you mentioned Robbing Scum (No) Way, any others you'd like help with ?

[Alpharo]

Re: AIC for Nat WestHi all, haven’t found my way around properly yet, so I hope I’m p

Thanks for the advice Curly, I'm happy to do as you suggest. Robinson Way are quiet for now but if they come back to me you'll be the first to know. Thanks again, will keep in touch.