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  • Am I going about this in the right way? Should I send this?

    The accounts are a loan and an overdraught. This is the letter I was thinking of sending the DC's.

    Dear Sir/Madam
    Account Nos:xxxxxxxxxxxx
    xxxxxxxxxxxxxxxxxx
    I write with reference to the money which you are claiming on the above account. I point out that I have no knowledge of any such debt being owed to The Loan Company. I therefore request you provide evidence as to my liability for the debt in question.

    With reference to the above agreement, I would be grateful if you would send me a copy of this credit
    agreement. I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to
    receive a copy of our credit agreement on request. I enclose a payment of £1.00 which represents the fee
    payable under the Consumer Credit Act. This is to cover the fee for the agreement and no other purpose.
    I understand a copy of our credit agreement should be supplied within 12 working days.
    I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act. I therefore request proof of either you owning this debt, notice of assignment or proof that you are acting on behalf of the bank, through providing said agreement before any offer can be made on my part.

    This letter has been sent by Recorded Delivery. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.


    I look forward to receiving your reply.
    Yours faithfully
    Mr A N Other
    -------------------------------------------
    I am hoping that sending this letter will result in getting proof they are to enforce this debt then I can make an offer.
    Please help and let me know what you think, any advice from people who have already done this, set up own DMP's etc would be great.

    The DC's have given a reduced offer before for F&F but I didnt have funds then so I was hoping to send them a copy of their own letter and offer them that but I need proof otherwise how do I know that they will actually do that...? (so I dont get them chasing more off me later)

    Am I going about this in the right way?

    I have another DC question about a CC but to save confusion will do that as a seperate thread.

  • #2
    Re: Am I going about this in the right way? Should I send t

    How much is the debt, how much can u repay, who is the lender and who is the dca, when did you take the account out (open it) and when did you make the last payment and was that a full payment or a reduced payment?

    Do not send that letter as things stand. Not yet.
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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    • #3
      Re: Am I going about this in the right way? Should I send t

      P.S - I'll need the same info as above for each account you talk about on here - it's how i gauge things. You'll also find I'll probably merge your threads. It's easier to contain things as a case, as opposed to specific accounts. Remember I deal with around 70 diaries and legal stuff etc so time and my memory is restricted. If I know about your debts as a whole, it makes things easier for me to help.

      Assuming of course you think my help is useful or relevant lol. It's only advice, what you do with it is entirely up to you.

      Best of luck - we'll help as best we can.
      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

      Comment


      • #4
        Re: Am I going about this in the right way? Should I send t

        Originally posted by Never-In-Doubt
        How much is the debt, how much can u repay, who is the lender and who is the dca, when did you take the account out (open it) and when did you make the last payment and was that a full payment or a reduced payment?

        Do not send that letter as things stand. Not yet.

        The debt is the two accounts being treated as one sum but it IS two seperate accounts. Now the thing is it seems to change depending on who has the debt, its gone around almost £9000, under £8000, about £7000, been offered to pay £4000 by DCA before, which at the time I told them on the phone fine but I need proof of you owning the debt and that it will be considered as a full and final payment and the acounts are not to be pursued by anyone....well they sent the offer but with a timescale they knew I could not pay by and no actual proof that they had the authority to decide that amount would settle etc
        The lender is RBS and the DCA is AIC (it was with Triton before that, who seem to be RBS's 'in house' DCA)

        Before getting to this stage RBS were aware that I was put out of work through no fault of my own and that I couldnt pay etc (they decided just before I reached the credit limit on OD that they were withdrawing credit and I should pay in full if I couldnt take a consolidation loan) they were also informed that there was an ongoing legal matter and that monies would be paid when able etc. Also sent budget sheet etc. All ignored, anyway that was 08/09 So they havent had anything since. The loan at this time was being paid for through the OD so that obviously defaulted when the OD wasnt available. AIC have also been told all this. I think it was 06 that I took out the loan and the current account was opened in 03/04. At one point RBS were adding £160+ a month on just in interest, even knowing circumstances etc.

        I have just sent a letter to RBS, back in a minute.

        Comment


        • #5
          Re: Am I going about this in the right way? Should I send t

          Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.
          Please note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you.
          The Subject Access is not limited to my transaction history and it is not limited merely to 6 years of historical information.
          Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.
          If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.
          I enclose the statutory maximum fee of £10. This request has been sent Recorded Delivery. You have 40 days in which to comply.
          If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.
          I would be happy to collect the Data from my local branch.

          Comment


          • #6
            Re: Am I going about this in the right way? Should I send t

            I also need all those statements for tax reasons and they were only going to send one years worth which I needed more. Plus at the time I was first in calls with the bank, they said 'youve had statements' They did send some later after dealing with another department but I need all and it will also let me check details and find out stuff....

            Comment


            • #7
              Re: Am I going about this in the right way? Should I send t

              Hiya

              Slow down. Lol.

              Did u post that letter from your original post? The one I suggested you don't? Have u posted the sar yet? If not, don't - we got a better one here.

              Can u confirm they were offsetting the loan payments via your overdraft? The sar is a wise idea cos you'd be claiming all charges. If you step back and stick to rbs for now - answer my questions in more detail and we'll sort it. It's easy to sort, basically you need to confirm if you can afford a f&f and if so how much?
              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

              Comment


              • #8
                Re: Am I going about this in the right way? Should I send t

                AIC is allied international I presume?
                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                Comment


                • #9
                  Re: Am I going about this in the right way? Should I send t

                  Originally posted by Never-In-Doubt
                  Hiya

                  Slow down. Lol.

                  Did u post that letter from your original post? The one I suggested you don't? Have u posted the sar yet? If not, don't - we got a better one here.

                  Can u confirm they were offsetting the loan payments via your overdraft? The sar is a wise idea cos you'd be claiming all charges. If you step back and stick to rbs for now - answer my questions in more detail and we'll sort it. It's easy to sort, basically you need to confirm if you can afford a f&f and if so how much?
                  oops, I have already sent it (SAR) - I was in a hurry as the tax return situation is urgent and I cant get them done without it (well, without statements and seemed that was the only way to get them since account closed....)

                  I've not sent the original letter I posted on this thread - that was aimed for AIC.

                  I had the loan payment as a DD from the current account and so it was staying coming out of there, until the account was defaulted/closed/further credit refused the loan was up to date. They had 'lumped together' the debt as one total sum at one point but they are two seperate accounts (have seperate account numbers on letters so they are still seperate accounts)


                  just looked and an april 2010 letter from RBS about my not complying with default etc the amounts were £6598 for one and £1432 for the other but then in may Triton had the balances as £6569 and 1424 then in september AIC have one amount as 8014

                  PS you presume right!
                  Last edited by I Don't Want D; 2 February 2011, 14:55.

                  Comment


                  • #10
                    Re: Am I going about this in the right way? Should I send t

                    Ok bear with me. I'll reply over the weekend/Monday. As you sent the sar, wait til it arrives - leave the AIC stuff for now. Just ignore them but Post details of any letters they send u on here, and when the sar comes I'll talk u thru what to do. And by the way, for the 8 grand debt I'll look to settle for around £2k tops - not £4k!!

                    Trust me, I'm quite good at beating dca's....
                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                    Comment


                    • #11
                      Re: Am I going about this in the right way? Should I send t

                      Originally posted by Never-In-Doubt
                      Ok bear with me. I'll reply over the weekend/Monday. As you sent the sar, wait til it arrives - leave the AIC stuff for now. Just ignore them but Post details of any letters they send u on here, and when the sar comes I'll talk u thru what to do. And by the way, for the 8 grand debt I'll look to settle for around £2k tops - not £4k!!Trust me, I'm quite good at beating dca's....
                      Well in that case I will try for that as they are not the only debts I have....and they werent the most understanding either..

                      waiting on the sar is going to be hell but I realise I dont have much choice (possibly more debt for me....thats another story)

                      Ok, I'll wait for your reply over the weekend/monday but realise I will soon have another post about another DCA for CC by then too (lucky you) They have threatened to send someone round for payment they know I dont have....that is bullying and harassment in my book. Send who they want wont change the fact I offered them a payment date they refused and wanted immediate payment that I dont have....sorry, just a little rant there.

                      Comment


                      • #12
                        Re: Am I going about this in the right way? Should I send t

                        Hiya

                        Post a new thread about the credit card and I'll deal with it separately for now. As for AIC - hold fire, I'll sort u a reply to send when I'm logged on. I'm on iPhone just now and been at work since 4am so kinda tired.....

                        Try and provide as much info as possible. Have a read of unenforceability diaries -> read me first -> second post in the thread. It explains the info I need to help you out. It's not half as much as you're typing so it'll make life easier for you lol.

                        Also no need to type the letters u want to send them, just tell me the name of it or type one sentence and I'll know it. Again it saves your fingers going into overdrive...

                        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                        Comment


                        • #13
                          Re: Am I going about this in the right way? Should I send t

                          P.S any chance you could just do a reply listing ALL your debts so I know what I'm up against lol. Just the actual account type, the bank and the amount...
                          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                          Comment


                          • #14
                            Re: Am I going about this in the right way? Should I send t

                            Hi Niddy, thanks for that, something has just come up so I cant post it all just now but I will log on tomorrow.

                            Comment


                            • #15
                              Re: Am I going about this in the right way? Should I send t

                              Ok

                              I'm off myself so catch up over the weekend.

                              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                              Comment

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