enoughisenough's UE Diary

[MrsD]

Re: enoughisenough's UE Diary

if its the first one send it to westcot, they have to action it for you, probably won't but they are meant to...............

[enoughisenough]

Re: enoughisenough's UE Diary

if its the first one send it to westcot, they have to action it for you, probably won't but they are meant to...............

Cool! Ta!

[enoughisenough]

Re: enoughisenough's UE Diary

Received a letter from Solicitors with regards to my CL Finance account (no. 5 in my list on the first page) - this is an old overdraft which I've been trying to negotiate F&F with - so far to no avail. To recap, I offered them £100 or token payments - they said I could settle for 600 (the total outstanding is 700) or pay £40 a month... no go there. You then told me to wait, what was the worst that could happen! Should I send an offer of F&F to the solicitors now, same letter as before?

Ta!

[Never-In-Doubt]

Re: enoughisenough's UE Diary

Ok, I think I'm going slightly mad here... where is the CCA request template???? I can't seem to track it down at all! Surely it should be linked from the help with cca sticky post??!!

Thanks!

EDIT: Never mind! I found it!!!

They have all been changed though - new one is below for you....

1. New letter today from Wescot, re: no.1 in my list Natwest personal term loan...

To recap for you, this is part of a bus loan that was re-hashed and turned into a personal term loan a few years ago. They seem to have lumped this together with the overdraft on a personal account and wescot are pursuing me for the combined amount.

Have been waiting a long time for this to be passed to a DCA and now it has, presumably it's time to send the CCA request? Do I send it to NatWest, or to Wescot?

Ideally Natwest, as they are the OC - but if i'm too late and you sent it to Wescott not to worry....

Template is here: CCA Request

2. I'm getting lots of calls every day from a couple of DCAs, can you point me at the template asking them to remove my phone number from their records? I'd change my number, but it's the line I use for business so makes it a bit awkward!

Thanks.

Template is here: Harassment by Telephone

* all templates are now on our site and they've all been redone to incorporate new case law and legislation

[Never-In-Doubt]

Re: enoughisenough's UE Diary

Received a letter from Solicitors with regards to my CL Finance account (no. 5 in my list on the first page) - this is an old overdraft which I've been trying to negotiate F&F with - so far to no avail. To recap, I offered them £100 or token payments - they said I could settle for 600 (the total outstanding is 700) or pay £40 a month... no go there. You then told me to wait, what was the worst that could happen! Should I send an offer of F&F to the solicitors now, same letter as before?

Ta!

Just send in a new offer for £150 - see what they say....

Template here: Full and Final Offer Template

[enoughisenough]

Re: enoughisenough's UE Diary

Thanks Nid, will do.

On another related matter - I sent off a CCA request to Wescot for my natwest accounts (no. 1 in the list) it's an overdraft and loan which the DCA have lumped together, presumably to save paperwork!

They've returned my £1 postal order because it's crossed payable to them and they say it should be crossed payable to NatPest...

Shall I get another one and cross it to NatPest? They have said I can send it to them once it's got the right name on it. They've also "kindly" put the account on hold for 28 days.

[Never-In-Doubt]

Re: enoughisenough's UE Diary

Thanks Nid, will do.

On another related matter - I sent off a CCA request to Wescot for my natwest accounts (no. 1 in the list) it's an overdraft and loan which the DCA have lumped together, presumably to save paperwork!

They've returned my £1 postal order because it's crossed payable to them and they say it should be crossed payable to NatPest...

Shall I get another one and cross it to NatPest? They have said I can send it to them once it's got the right name on it. They've also "kindly" put the account on hold for 28 days.

Just leave it 28 days..... lol

[enoughisenough]

Re: enoughisenough's UE Diary

Received another threat letter from moorcroft re: Natwest - no.2 in the list. I've sent them the threat by lender/dca to commence litigation letter...again! They don't seem to know that this one's in dispute reference the copy agreement that was sent... maybe they'll work it out eventually!

[Never-In-Doubt]

Re: enoughisenough's UE Diary

Received another threat letter from moorcroft re: Natwest - no.2 in the list. I've sent them the threat by lender/dca to commence litigation letter...again! They don't seem to know that this one's in dispute reference the copy agreement that was sent... maybe they'll work it out eventually!

Annoying!!

See what happens next!

[enoughisenough]

Re: enoughisenough's UE Diary

Sent CCA to NatWest via Wescot today - (no. 1 in the list) had previously had the postal order returned because it was payable to wescot not natwest... now sent it all correct as they have started sending letters again!

[Paul.]

Re: enoughisenough's UE Diary

ooooh no no no no no

They are agents of the creditor, so its not something they can return

I am sure it is s175 CCA that tells them this (although i havent looked)

[Never-In-Doubt]

Re: enoughisenough's UE Diary

ooooh no no no no no

They are agents of the creditor, so its not something they can return

I am sure it is s175 CCA that tells them this (although i havent looked)

It is indeed s.175 but that only applies if they have assigned the debt; well thats what they say anyway!

It is all in the templates we issue, so I dunno why Enough sent it again when we never suggested doing so.....

[Paul.]

Re: enoughisenough's UE Diary

It is indeed s.175 but that only applies if they have assigned the debt; well thats what they say anyway!

It is all in the templates we issue, so I dunno why Enough sent it again when we never suggested doing so.....

BOLLOCKS

Simple as

It applies to all, an agent is not an assignee an assignee is an assignee end of

[Never-In-Doubt]

Re: enoughisenough's UE Diary

BOLLOCKS

Simple as

It applies to all, an agent is not an assignee an assignee is an assignee end of

don't hold back mate

s.175 basically states that if it is a simple assignment (ie internal transfer to a DCA etc) then s.175 places a duty for them to pass it on to the OC or the responsible company for the account. s.175 does not mean they automatically become responsible, that would only occur in the case of absolute assignment (plus we then move into s.189).

So, if you CCA a dca and they say they are not the creditor (like most do) - I am the first to write back arguing this and quoting s.175; however, the person you send it to ONLY has to send it to the OC so lets assume we write a cheque to DCA3 for the £1 and they are not assignees and send the request to DCA 2, then DCA 2 do have a right to request new payment, however the original s.78 request date applies from when you first sent the request, regardless who you sent it to.

An agent is not an assignee, I agree with that - and so does s.175, ie an agent does not need to act on a s.78 request, but they do need to forward it to the correct people, however then s.189 comes into play so really the DCA's talk shyte and try to pass the buck but it doesn't matter so long as we send things recorded and keep note of their errors..... s.189 places the rights AND duties on them; regardless of actual assignment.

[Paul.]

Re: enoughisenough's UE Diary

175 Duty of persons deemed to be agents.Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

Nope sorry, a DCA acting under instruction from the principal creditor is an agent there is no assignment at all neither equitable or legal

So if you send a DCA a s78 request where he is instructed to collect the debt then he is under a duty to pass that on to the creditor