Sent for Credit Report

[Helpseeker]

Hello,

Can you help?

After sending off for a report with a credit reference agency, I noticed just one entry.
I have old c/cards (not in use) where the a/cs are in the hands of debt collection agencies (dca's).
I make payments to each one on a monthly basis.

From seeing this entry, I sent this particular dca a CCA request incl £1 postal order and received back information that I don't think fully complies with the T & C's of a credit agreement form.

My initial reason for sending off for my credit report was along the lines of unenforceable or enforcebale condition(s) of the c/card a/c.
After receiving the info. from the dca (last week), I was wondering what my next steps are?

Also, did the dca even received my information 'legally'?

I'd really appreciate your responses with this query.


Kind regards,
Helpseeker.

Re: Sent for Credit Report

You've stated your position, now the ball is in THEIR court.

5 years 11 months to go - and the clock is ticking away!

[FlamingParrot]

Re: Sent for Credit Report

Hi FP,

I'd just like to confirm that I did use the contents of letter that you suggested here http://www.legalbeagles.info/forums/...838#post365838

You've stated your position, now the ball is in THEIR court.

[Helpseeker]

Re: Sent for Credit Report

It's all looking good!

Good to hear you've stopped the payments. :clock: :clock: :clock:

Given the timing, I wouldn't worry too much about the £1 being applied, if you sent the CCA letter I normally use, it would have a paragraph on there stating the funds are not to be used for any other purpose.

I'd just sit back and wait for their next communication.

Hi FP,

I'd just like to confirm that I did use the contents of letter that you suggested here http://www.legalbeagles.info/forums/...838#post365838

[Helpseeker]

Re: Sent for Credit Report

Thank you both for your replies.

FP, I was inspired when you instigated your own process, and knew that I wanted to begin my own.
As you say, I'll see what they next communicate.
Have a great day!

Re: Sent for Credit Report

I totally agree with FP here. It is their duty to comply with your CCA request, and if they need to do some running around in order to try to do so, that is for them to do. It's not for you to do their job for them them.

[FlamingParrot]

Re: Sent for Credit Report

It's all looking good!

Good to hear you've stopped the payments. :clock: :clock: :clock:

Given the timing, I wouldn't worry too much about the £1 being applied, if you sent the CCA letter I normally use, it would have a paragraph on there stating the funds are not to be used for any other purpose.

I'd just sit back and wait for their next communication.

[Helpseeker]

Re: Sent for Credit Report

Hi there FP,

Thanks for your reply.

The last payment made was in August of this year, especially after seeing that they did not comply with my cca request for the original t&c's, as you stated. So in this case, the wait continues.

I would say that the SB clock started ticking from after that payment was made :tinysmile_grin_t:

You said "Have you any statements showing this was the case?"
I have never received any statements at all from the dca concerning this account. It has always been a letter with the full balance showing.

The reason why I can see that they cashed the po and applied it, is because from each previous payment, the last pound amount would always end with either a 3 or an 8. For example £x,xx3.76 or £x,xx8.76 . In this case the balance showed is £x,xx7.76

[FlamingParrot]

Re: Sent for Credit Report

Hello Guys,

Here's an update - I received a letter from the dca stating that I should contact the c/card lender direct to get the t&c's that were originally requested in my cca letter dated and sent the end of July 2013.
I last communicated with them in August 2013, where they responded by saying that follow-up action would be suspended. The contents of their latest letter includes the following:

"Further to your recent communication in respect of the above account, we are writing to confirm we have been in contact with N'wide building society who has advised you to request a copy of the Terms and Conditions direct from our client's credit card services department. The contact number is [contact number given].

We can also advise your account has been placed on hold until the 15/11/13. If you require anything further in relation to the information we have provided in this letter, please do not hesitate to contact us on the above number."

They are just being silly, because you are not asking for a copy of your current T&Cs but the ORIGINAL credit agreement you allegedly signed and the terms you allegedly agreed to when you did.

I think that the dca may have cashed the £1 postal order that I had included alongside the cca letter, and applied it to the account.

Have you any statements showing this was the case?

Remind me if you will, you have been paying into this account, is that correct? :noidea: That being the case, it's not a huge deal if they have, the main concern is to avoid resetting the SB clock but if you're paying, it hasn't even started ticking yet. :clock:

I don't want to contact N'wide, certainly not by phone. What would you advise?

I wouldn't contact them at all because you don't want a copy of your current T&Cs. :nono: The DCA has not satisfied your s.78 request and are in default, it is THEIR DUTY to obtain the documents if they are chasing you. Having said that, if you are still paying as usual, it doesn't make much difference.

[Helpseeker]

Re: Sent for Credit Report

Hello Guys,

Here's an update - I received a letter from the dca stating that I should contact the c/card lender direct to get the t&c's that were originally requested in my cca letter dated and sent the end of July 2013.
I last communicated with them in August 2013, where they responded by saying that follow-up action would be suspended. The contents of their latest letter includes the following:

"Further to your recent communication in respect of the above account, we are writing to confirm we have been in contact with N'wide building society who has advised you to request a copy of the Terms and Conditions direct from our client's credit card services department. The contact number is [contact number given].

We can also advise your account has been placed on hold until the 15/11/13. If you require anything further in relation to the information we have provided in this letter, please do not hesitate to contact us on the above number."


I think that the dca may have cashed the £1 postal order that I had included alongside the cca letter, and applied it to the account.

I don't want to contact N'wide, certainly not by phone. What would you advise?


Regards,
HS.

[FlamingParrot]

Re: Sent for Credit Report

Thanks FP,

Regarding the suspension, I wonder how long that will last?

You never know, if they can't obtain the documents they may well just return the account to the OC. :caked: In my case, the "suspension" has been in place 18 months! :bounce: :bounce: :bounce:

[Helpseeker]

Re: Sent for Credit Report

Thanks FP,

Regarding the suspension, I wonder how long that will last?

[FlamingParrot]

Re: Sent for Credit Report

Hi FP,

In their response, it seems strange that they have included this:
"We would ask for clarification as to why you feel this is not an original agreement?"

They must already know, and I'm sure I have answered this question in my previous letter anyway.

And you're right, if they had the information already, they would have sent it to cement their standing.

That's great to know that you chose that route . This may be the path that I'll be taking too.

I'm just wondering how to respond and/or to wait and see if their client supplies them with more info.

Regards.

I think their new response quoted below answers your question above. You've already told them what was wrong with what they sent, they are now confirming they'll go back to their client to obtain documents :ranger: and, more importantly, they are suspending any action on your account! :thumb:

Hello there,

Today I received another letter dated 21/08/13 from the dca. It basically says:

Further to your recent correspondence, we write to advise we will be communicating with our client in respect of your raised query.
During these communications follow-up action will be suspended on your account and we will endeavour to provide you with an appropriate response to your query as soon as possible.

No attachments or other information was enclosed....interesting! :eyebrows:

Regards,
HS.

[Helpseeker]

Re: Sent for Credit Report

Yes, thanks Labman.

I normally make a payment at the end of the month.
I'll see if they send anything before then.

Regards.

Re: Sent for Credit Report

....... and quite normal. Just confirms you're right to wait to hear from them really. :beagle: