cahoot difference in what i owe

[JULI99]

Hello Anyone Am I Missing Something Or Am I Being Really Thick.

I Sent Off My Data Protection Act Letter And £10 And Received Back My Cheque And A List Of My Transactions. This I Didn't Pay Too Much Attention To. Just Went Thru And Listed My Overlimit And Late Payment Fees And Sent Off My Preliminary Letter Also Asking For Default To Be Removed.

Then On A Totally Unrelated Matter I Was Looking Thru A Box Of Paperwork When I Found A Bunch Of Letters From Apex Credit Management And Buchanan Clark And Wells Who Are Now Dealing With Cahoot Stuff. One Letter Suddenly Caught My Eye. It Was A Relatively Recent Letter Giving A Balance Owing Of 8k. Given That My Balance Has Not Been 8k Since 2003 I Checked It Out Against The Transaction List. Up To Me Getting The Default Notice What Cahoot Was Saying I Owed And What Apex And Then Bcw Said I Owed Tallied. However Since The Default Notice Took Effect The Difference Between What The Transaction List Says I Owe And What Apex And Then Bcw Say I Owe Differ From Between £200-£900.

Anyone Got Any Ideas Why This Is Occurring? The Differences Bare No Relation To Anything.

Anyone Else Out There Who Has Had The Same Thing Occur?

Juli99

[JULI99]

The Apex And Bcw Amounts Are The Lesser

[MARTIN3030]

Juli you need to ask all the people who are dealing with this now for an explanation as to the inconsistencies.
I would also send a cca request if the debt was sold.
Did you rec a copy of the default notification ?

[JULI99]

Sorry To Sound Really Thick But What Does Cca Stand For And Where Do I Find Template Letter If There Is One?


Thanks


Juli

[MARTIN3030]

Consumer credit act (cca is just an easy ref )


Here is some info with the refs to the act


Re: debt collection Agencies
--------------------------------------------------------------------------------
It is also worth asking them to supply a true copy of the original signed agreement. You need to request this under Consumer Credit Act and send a postal order (not a cheque if you can avoid it) for £1. The following text is nicked from the debthelpuk forum:
I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.
2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.
3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.
Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.
As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.
The deed of assignment line should only be used if the debt has been purchased by a debt collection agency. If they fail to provide the copy agreement within 12 days then court action can only take place with permission of a judge. After 30 days the creditor commits a criminal offence and can be reported to the OFT and Trading Standards.
Cabot are, to it mildly, debt buying parasites who scavenge through the trash of the financial service industry hoping to pick up a few tasty morsels. Challenge everything they do. If you think the debt is statute barred, challenge them to provide that it is isn't. Challenge them to produce a copy of the original agreement. If they start charging interest challenge them to prove that it says they can do this in the original agreement. Above all. if they have purchased a debt which includes penalty charges, challenge them over this. If the debt is actually exceeded by the penalty charges they have levied, go through the process set out on this site and get the excess back.


This I hope should do the trick just use the bits you need.

[JULI99]

Thanks For That

I Certainly Do Not Remember Them Sending Me A Default Notice. All I Remember Was That I Was Sent A Letter Saying If I Do Not Pay The Account Would Go Into Default. I Rang Them And Agreed To Pay An Amount If The Account Was Not Put Into Default. First I Knew Of Default Notice Was When I Got My experian File.

Thanks Again. Most Useful. Wonder What This Letter Will Turn Up

[MARTIN3030]

Originally Posted by JULI99

Thanks For That

I Certainly Do Not Remember Them Sending Me A Default Notice. All I Remember Was That I Was Sent A Letter Saying If I Do Not Pay The Account Would Go Into Default. I Rang Them And Agreed To Pay An Amount If The Account Was Not Put Into Default. First I Knew Of Default Notice Was When I Got My experian File.

Thanks Again. Most Useful. Wonder What This Letter Will Turn Up

Well you should hope that it does not turn up the documents that you request.
Effectively if they are now owners of the debt and have not got/cannot supply this then by the consumer credit laws the debt is unenforceable and you can apply to have defaults removed,the debt admonished and possibly claim compensation.

[JULI99]

After Looking Thru The Paperwork I Have On This Account I Gave Cahoot A Call. They Confirmed What I Thought That The Debt Had Not Been Sold To Bcw As If I Miss A Payment By A Few Days I Not Only Get A Letter From Bcw With The Amount Outstanding But Also A Letter From Cahoot With Their Version Of What I Owe.

Just Want Confirmation That What I Intend To Do Is The Right Course Of Action.

My Immediate Problem Is The Differences Owing Between Cahoot And Bcw. So I Thought Of Sending A S.a.r. To Bcw Taking Out The Bits About Manual Intervention Etc And Just Ask For The Transactions They Have On My Account With Them As I Am Interested To Know What They Have Down As Having Been Paid. I Will Send This With A £10 Cheque.

As I Said Just Want Anyones Thoughts On This Matter

[MARTIN3030]

I think you would be entitled to ask for this information under the consumer credit act.....the fee is only 1.00 and they would have 12 working days to respond.

[JULI99]

Thanks Saved £9 On Cash Flow.

Juli

[MARTIN3030]

yep 9 quid better than nothin!

[JULI99]

Latest.

Received Today A Default Notice From Bcw. Given The Account Is Already In Default You Have To Wonder What Is Going On.

I Am Going To Send Full Cca Letter Regarding When They Bought The Debt Etc. Even Tho I Know Cahoot Still Own The Debt.

They Are Also Threatening Court Action Even Though The Preliminary Letter For Repayment Has Already Been Received By Cahoot And The Debt Is Already In Dispute.

Will Let You Know What Happens Next

[JULI99]

Recieved Reply From Cahoot To Prelim Letter.
Looks Like Standard Reply

Charges In Line With Other Banks Etc Etc

Will Be Sending Letter Now lba

Juli99

[MARTIN3030]

yep ......onto the next stage

[JULI99]

well 12 working days up for buchanan clarke +wells.

what now?

do i have to write a reminder letter or do i just let the 28 days run out?

did the 28 days start from when the cca letter was recieved i.e. we are now 12 working days in or do they start from now.

also are the 28 days 28 working days or just 28 days

hope this does not sound too confusing.

thanks for any advice given

juli99

[JULI99]

do i need to pursue cahoot as well?

thanks

juli99

[JULI99]

Anyone?

[JULI99]

Sent Cahoot The Letter From How To Get Your Defaults Removed Asking For A Copy Of Credit Agreement And Default Notice And Giving Them 28 Days To Comply. Recieved By Them On 17th August 2006.

I Also Sent A Cca To Bcw (Mainly To Get Them To List Their Records Of My Payments Because Of The Discrepancy Between Cahoot And Bcw) Asking For The Credit Agreement. Received By Them On 17th August Also.

I Have Not Heard A Dickie Bird From Either Of Them.

The 28 Days On Cahoot Is Now Up And The Next Letter Giving Them A Further 7 Days Is Going In The Post Tonight.

The 12 Working Days On Bcw's Letter Has Expired And Their 30 Days Is Up On 1st October.

Anyone Point Me In The Right Direction About Getting My Default Removed And If Possible Claiming My Money Back As It Doesn't Look Like Anyone Is Going To Reply. The Threads I Have Found Are For People Who Have Settled Their Debts And Want The Default Removed. What Happens When Your Debt Is Outstanding.

[MARTIN3030]

Quite a few issues here.

If the 12 working days are up and then a further days have gone with no reply,then I woulsd suggest you contact your local trading standards who I am sure will help you.

As regards the defaults themselves......have a read through the defaults threads.
This can be found on the site under legalities.

[JULI99]

Cahoot Have Finally Found My Credit Agreement Some 2 1/2 Months After The Debt Became Unenforceable.

Whats The Procedure Now?

Do I Just Go Along With My Prelim Then lba Etc?

Juli99