Can I sue a Debt Collector

[unfortunatelybroke]

Re: Can I sue a Debt Collector

Hi Frisp
Yes I was requested by the CCCS in 2009 to ask all my creditors and my wifes creditors for a copy of the agreements and for a recent statement so that all our accounts could be brought up to date, so letters went out but no one responded, it was only after another letter from the CCCS later that year telling me that I had to send all the creditors a pound for these documents that they started to reply, as I have said earlier most creditors have gone defensive and quoted parts of the CCA saying that they do not have to supply as they did supply this document when the account was set up, some have sent the application form saying that its the agreement, no one sent statements, and then in 2010 my DMP was closed through lack of money and since then I haven't paid anyone anything nor offered a token payment, I am getting plenty of nasty mail everyday from all sorts of companies who claim to be acting for whoever saying that if I dont pay they will suggest litigation to the OC, or they will say I am deliberately trying to evade my debts which I am not because it was not me that cancelled the DMP it was the CCCS.

[frisp]

Re: Can I sue a Debt Collector

Thanks Frisp
1. OC, Associates based in salford Manchester which do not exist now, I am not sure what happened to the debt, all I know is that my payments to the CCCS continued and a new name appeared on my statement, that name belongs to 1st credit, last year the CCCS closed my account because I did not have enough money left out of my benefits to pay 14 creditors, I asked First Credit for a copy of my agreement and they said that they did not have it.
2 OC, Peoples Bank address unknown taken over by Cabot again no agreement
3 OC, Alliance & Leicester taken over by MBNA and then by Direct Legal & Collections again no agreement
The rest are all OC's who in the last year have used all sorts of Debt Collecting Agents telling me that I am trying to avoid paying my debts yet when I ask for an agreement they write to me quoting S76/8 etc etc of the CCA saying they dont have to provide the agreement, there has only been one creditor who has had the balls to tell me that he does not have the agreement.

Hit the thanks button when you appreciate advice its easier than saying thanks

[frisp]

Re: Can I sue a Debt Collector

Hi Frisp
Yes I was requested by the CCCS in 2009 to ask all my creditors and my wifes creditors for a copy of the agreements and for a recent statement so that all our accounts could be brought up to date, so letters went out but no one responded, it was only after another letter from the CCCS later that year telling me that I had to send all the creditors a pound for these documents that they started to reply, as I have said earlier most creditors have gone defensive and quoted parts of the CCA saying that they do not have to supply as they did supply this document when the account was set up, some have sent the application form saying that its the agreement, no one sent statements, and then in 2010 my DMP was closed through lack of money and since then I haven't paid anyone anything nor offered a token payment, I am getting plenty of nasty mail everyday from all sorts of companies who claim to be acting for whoever saying that if I dont pay they will suggest litigation to the OC, or they will say I am deliberately trying to evade my debts which I am not because it was not me that cancelled the DMP it was the CCCS.

unfortunatelybroke - Mate - it would really help if you could scan and then attach any documents you have on your post. If you don't have access to one here should be one in the Library

The law is clear they have to send you a copy (reconstituted or actual) on a CCA request, this copy need not have a signature but must contain any documents referred to within it e.g. the T&Cs at inception.

They cannot take you to court, and with certainty win, unless they have at least a signed copy containing all the prescribed terms and sent you a valid default notice informing you in clear terms how any breach can be remedied.

As stated before some courts are allowing application forms if they meet the requirements of the act i.e. Signature box, CCA blurb, cancellation info, prescribed terms included in T&Cs attributable to the document and if it can be proved you had benefit of the funds.

Stopping paying is not a great idea as if anyone of them can prove (or even on balance of probabilities) they have met the requirements of the CCA then any court may take a dim view of your non payment regardless of who stopped paying.

I'd recommend writing to all the OCs and their DCAs again requesting all future dealings to be in writing and requesting, if they have it, the removal of your telephone number from their systems.

Offer to recommence affordable payments to be agreed, if they can prove that the documentation they have meets the requirements of enforcement laid out in the CCA and other applicable law.

As a minimum requirement for you to consider recommencing payment you require;

1. A signed and easily read copy of the agreement to contain any document referred e.g. T&CS at inception
2. The Agreement or the T&CS must contain all the prescribed terms of the act e.g. Within the signature page

• A credit limit or a statement as to how this will be determined
• The APR applicable at the time of signature.
• A schedule of repayments.

They must also provide;

1. A copy of any default notice sent informing you of how any breach can be remedied
2. A copy of any notice of assignment if the debt has been sold on
3. Complete set of statements (going back over at least the last 6 years if this is relevant)

Allow them 28 days to produce the above and then send them a reminder if there is no response stating that unless they comply you will file and only acknowledge receipt of any future correspondence.

Inform them also that should they not comply with your reasonable request and continue to 'bombard' you with demands either written or by telephone - you will complain to the OFT and your local trading standards that you are being harassed.

Regarding your original question the only way you can potentially recoup monies from these agreements is if you paid PPI and they did not meet the requirements for this insurance.

HTH