Radioactive Ja - Time to stop being a pushover!

[Enforcer]

Re: Radioactive Jan - Time to stop being a pushover!

Had loads of them. No one ever came! If they do, tell them to leave your property and shut the door.
Don't worry, and certainly don't phone them.

[The Tech Clerk]

Re: Radioactive Jan - Time to stop being a pushover!

Usually it says our rep will call your home = Telephone Call? matter of wording which is the most used, usually on printed cards. if anybody did turn up tell them to hop it! but just threats, as they would need an appointment! threatograms = so childish these companies.

[ScabHunter]

Re: Radioactive Jan - Time to stop being a pushover!

Some important facts -

1) The most important – any thug who pollutes your doorstep has no rights whatsoever. Tell them to go away, if you even bother to tell them anything.
2) It is far cheaper to make the threat than it is to carry it out, which is why an extremely low percentage of the threats are carried out.
3) It is a certain sign that they are not about to issue court papers. Those who are serious about gaining a judgment and control of the alleged debt don't waste their time on this type of infantile game.

This looks like a childish trick to get you on the telephone. You could ignore it, or send our template linked to above. It really doesn't make a lot of difference.

SH

[Radioactive Ja]

Re: Radioactive Jan - Time to stop being a pushover!

Usually it says our rep will call your home = Telephone Call? matter of wording which is the most used, usually on printed cards. if anybody did turn up tell them to hop it! but just threats, as they would need an appointment! threatograms = so childish these companies.

Thank you I read what I thought it said, but reading your post I have re-read what it says , and yep I freaked out over nothing. It does indeed say calling your home, not calling at your home. Big thank you again for making me read what it actually says.

[The Tech Clerk]

Re: Radioactive Jan - Time to stop being a pushover!

Thank you I read what I thought it said, but reading your post I have re-read what it says , and yep I freaked out over nothing. It does indeed say calling your home, not calling at your home. Big thank you again for making me read what it actually says.

Thought so! Your Welcome.

[Pixie]

Re: Radioactive Jan - Time to stop being a pushover!

Don't worry about them calling...that's what they want you to do.

If they do call, either give them MrsD's royal wave or simply slam the door in their face as I did when a collector from Moorcroft came. He didn't even get the chance to say who he was, I recognised the logo on the piece of paper on his clipboard

Remember, they have no legal right to enter your home.

[Pixie]

Re: Radioactive Jan - Time to stop being a pushover!

3) It is a certain sign that they are not about to issue court papers. Those who are serious about gaining a judgment and control of the alleged debt don't waste their time on this type of infantile game.

I agree SH.

The one creditor who has taken me to court (post 2007 cc so enforceable) I received 1 letter from dca, 1 letter from solicitor and then court papers. I bet they wish they hadn't bothered though because I'll probably be dead long before they even recoup their costs. I told them I couldn't afford to pay them much but they didn't listen...

[Adinuff]

Re: Radioactive Jan - Tesco

14/03/2013 Sent template letter (signed for) stating no signature required.
11-4-2013 letter recieved from TESCO saying that regards less of the fact that CCA doesn't require signature their procedure does!
Should I ignore/get hubbie to sign in my name or write to them again?

Comments on a postcard please

Hi Jan,
Great to see you on here and great news on the CCA's. i had the same reply from Tesco...lol....apparently there above the law... unbelievable aren't they !

Adinuff

[Radioactive Ja]

Re: Radioactive Jan - Time to stop being a pushover!

Looking back I'm guessing it was the standard CCA, if so then I'd now send the letter below.
Unfortunately with OD's we can usually only blag and pick fault with any and every problem to try and get you through to being Statute Barred, or to tick them off so much they'll either leave you alone or accept a lower F&F or repayment plan.
Is there anything else you can think of with this account, any charges, have they treated you unfairly etc etc? Did they send a default notice and do you have it?

Quote:
Dear Sirs,

Ref: XXXXXXXX
Thankyou for your letter dated xxxx in which you state that the above referenced overdraft is not covered by the Consumer Credit Act 1974.
However, under the provisions of The Consumer Credit (EU Directive) Regulations 2010 and also c.39 (s.74 (A&B) (VA)) CCA(1974) you have a duty to supply a copy of the original overdraft agreement and relevant paperwork that you should be sending annually, for the above numbered bank account with [enter bank name here].

To clarify, as this refers to what can only be regarded as an 'Agreed Overdraft', which has now reverted to an 'Unauthorised Overdraft' then the lending becomes regulated in line with c.39 Part VA (s.74) (s.1(b)) CCA1974 meaning the normal rules and CCA(1974) protection applies to this account.

You should therefore be sending an annual reminder regarding the overdraft, as well as copies of the original agreement made and an annual renewal form that contains the relevant prescribed terms that are clearly outlined in s.74(A)2(a,b,c,d,e). I highlight this provision for your perusal;

s.74A(2) The current account agreement must include the following information at the time it is made:

(a)the rate of interest charged on the amount by which an account-holder overdraws on the current account or exceeds the pre-arranged overdraft limit,
(b)any conditions applicable to that rate,
(c)any reference rate on which that rate is based,
(d)information on any changes to the rate of interest (including the periods that the rate applies and any conditions or procedure applicable to changing that rate), and
(e)any other charges payable by the debtor under the agreement (and the conditions under which those charges may be varied).

You should also be paying attention to s.74(B)(2) which reads, I quote;

s.74B(2) The matters referred to in subsection (1) are:

(a)the fact that the current account is overdrawn or the overdraft limit has been exceeded,
(b)the amount of that overdraft or excess,
(c)the rate of interest charged on it, and
(d)any other charges payable by the debtor in relation to it (including any penalties and any interest on those charges).

Therefore in line with the above, please could you send me what you should have been doing annually and have not been, to allow me to take whatever action I deem appropriate.

I trust that I have set out the position clearly and I await your response with the requested information.

Yours faithfully,


Sign Digitally



12/ 04/2013 Letter received from Nat West. I have blanked the details, but the amount they listed as owing is over £3,000 more than the balance showing as owed on my credit file. the amount showing on the letter was my default balance? Also I am not sure I understand a word of what they say

[Radioactive Ja]

Re: Radioactive Jan - Time to stop being a pushover!

Thank you I read what I thought it said, but reading your post I have re-read what it says , and yep I freaked out over nothing. It does indeed say calling your home, not calling at your home. Big thank you again for making me read what it actually says.

Noboby turned up or even telephoned . I shan't be so freaked next time, guess they just like to worry people.

[Radioactive Ja]

Re: Radioactive Jan - Capquest

Type of account loan

Date commenced 15/01/2007

Approx balance £5500

Date of last full payment 01/03/2009

Are you on arrangement or not paying. DMP

Status shown as default 03/05/2009

Account owner Capquest

-------------------------------------------------------------
CCA requested and postal order set recorded delivery 16/02/2013

19/02/2013 CapQuest returned PO and said account had been returned to RBoS.

25/02/2013 PO and CCA request sent to Nat West.

17/4/2013 loan agreement received from Nat West. All looks proper to me , but sent to Niddy for checking.
Niddy says I guess I have a go and send the missing prescribed terms letter and try to blag it for a while?

[Radioactive Ja]

Re: Radioactive Jan - Capquest

17/4/2013 loan agreement received from Nat West. All looks proper to me , but sent to Niddy for checking.

Niddy says I guess I have a go and send the missing prescribed terms letter and try to blag it for a while?

[Pixie]

Re: Radioactive Jan - Time to stop being a pushover!

That's what I would do.

[fluffystuff]

Re: Radioactive Jan - Time to stop being a pushover!

That's what I would do.

Me too, it doesn't hurt to try and you just might be able to string it out until it becomes statute barred.

[tastyjane]

Re: Radioactive Ja - Time to stop being a pushover!

Play letter tennis for a while Jan; at worst you need to enter into a payment plan with them which would be much less than the £800 a month you were paying into your never ending DMP They may take a nice low F&F in a few months too? Leaving you more money to go on holidays with

Jane x