This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

Thanks for that. The OC is Capital One

Hi Dx Thanks for the reply. Is the period you are talking about, the period of the 6 years the information is stored on your file? Or is it the period when the entry was made? If its when the entry is made then what time length do these creditors have to keep the CCA? Can they legally destroy it once the default has been entered? For example, if I ask the credit card company for my CCA from 2005 will they still have it / are they obliged to keep it? If not, what then? Is the onus on them to prove there was one in existence in 2005 or is it on me to prove they didn't? Marc

I have read through some posts on here and am a little confused:confused: I have a default on my credit file for a credit card dating back to 2005. Have I read it correct; if I request the original signed credit agreement from the company and they cannot provide it within 30 days then they should not continue processing data about me? The default has to be removed from my credit file? Even though it was satisfied 4 years ago? Or am I confusing it with something entireley different? Sometimes too much information can make my head hurt:lol:

Thanks for the responses. I acknowledge the debt; I was just concerened about the CCJ and if it was me or the company that got it. The question about being served a default notice is an attempt at me delaying the CCJ. I think I will write to the company explaining my situation and ask them not to proceed with the issue of the CCJ whilst I attempt to pay the debt off. Thanks again. Marc

Hi, thanks for the reply, My company was a limited company and it was my name that I used with the marketing company. I didn't sign anything but did agree to the campaign by email and a telephone call. I am the managing director and my wife was named as the secretary. There were no staff as my wife and I were providing the product which was an educational service. In relation to the court documents I can't upload them as I don't have a scanner but I will duplicate the text on this message.... It is a claim form completed via Money Claim Online, Northampton County Court. Issued on 23 Jun 2009. Interestingly, my company is in the claimant box and the defendant box. An obvious mistake by the marketing company. The particulars of the claim are (verbatim though names have been omitted).... XXXX publishing (UK) Ltd is a media company that specialises in publishing XXXXXX newspapers and magazines. XXXX Publishing (UK) sells advertising in its portfolio of magazines. The defendant has placed an advert/s within one of the XXXX Publishing (UK) Ltd's titles (nameley XXXX, XXXX or XXXX) and has not paid the debt which has been outstanding for some time. XXXX Publishing (UK) Ltd has chased payment several times by telephone, email and letter and as yet, receieved no payment. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 1/12/08 to 22/6/09 of £ and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 8%. I have also had all of the numerous differing response forms with the pack. There is no other relevant information on the forms that could help so hopefully what I have put is sufficient for you to assist me. Very Kind Regards Marc

I recently set up a business (all above board, etc) and contacted a well known 'industry related' marketing company to place a relevant advert. I paid £700 to them for an initial advert and foolishly agreed, via email, to take out a 12 month marketing campaign with them costing £250 per month. I paid for the first 2 months but my business was not a success and I had no customers, still haven't. All this money came out of my own pocket. Anyway, I explained this to the marketing company who left me alone for a few months and they removed my advert from their publication (fair enough) however, I received an invoice for £1500 about a week ago for the outstanding amount. Yesterday I received court papers from Northampton for the full amount. Did the company need to serve me a default notice or at least tell me that they intended to issue a claim? HELP In addition, if a CCJ is entered is it against me or the my failed company? Thanks Marc

How???

Thanks for the replies. To say I'm not happy with St Helens is an understatement! I'm not happy about paying for something that I haven't got because, like in the first 2 months, nothing was getting done. Since my payments stopped there has been some activity but not a lot. Once again, thanks Marc

Apparently so. The total amount was provided to St Helens Glass.

In August 2006 I signed a contract with St Helens Glass for a conservatory. The finance was coming through GE Money on an unsecure basis. To prevent boring you with all the details I will tell you that the conservatory is still not finished! The main body and framework is completed but the insides are not. The electrician and plasterer need to come out to complete. I have entered into communication with St Helens Glass and they just ignore me. I have spoken to GE Money too and they are investigating. It is my belief that they are jointly liable (but for what?). As a result of not having a product I have suspended my payments to GE Money (I made 2 payments and I've missed 2). I refuse to pay for something I haven't got. To my surprise the plasterer came yesterday. He told me that he couldn't finish the job because he couldn't get the materials. He stated that St Helens Glass can't get credit and they didn't have the cash to allow him to buy the products. He also said that even if they could he wouldn't do it 'cos there was no gurantee that he would get paid!!!! I'm left with no conservatory and no prospect of getting it finished. HELP!! What can I do to get my conservatory finished? What about the repayments? Should I get the work completed myself? If so who do I claim that cost against? Any help would be appreciated. I'm at the end of my tether. Thanks for reading Marc

Bankfodder I got the idea when I was reading through other posts on the forum. I pinched it from a post that lueeze started regarding her other half not knowing what a debt was about. alanfromderby posted the advice, I think he picked it up from the debthelpuk forum. Do you think it is a bad idea? What I was thinking was if they provide a copy of the credit agreement then I could send the DPA request. If they don't then challenge the legality in enforcing the debt. What do you think? Ive 'cut and paste' the letter I used (its below). Marc 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. 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.

Last year I had a CitiCard credit card with a £250 limit. I was making regular purchases and paying it off each month. One month I missed a payment and they charged me. This took me over limit and I was charged again. Now, without making purchases with the card nor making any payment the debt is a staggering £850+. I refused to pay and eventually the debt was passed to Direct Legal & Collections. I wrote to them stating I didn't acknowledge a debt to their company and requested a copy of the credit agreement and sent £1 in payment. I haven't heard from them yet and they have another 2 weeks before their 30 day deadline expires. If I don't hear from them then the debt becomes unenforcable (I think??) however, how do I get them to remove the default? Do I need to report CitiCards or DL&C to anybody? Obviously, if the debt is unenforcable then I know I won't be claiming the charges back. Any help and guidance is appreciated. Thanks Marc

The only written evidence was on my file that they have kept. Whilst there for the consultation I saw written on the front in handwritten red pen 'stamp duty exempt'. As I recall it was written on a page which included my contact details and the purchase address. No, there isn't any judgement entered and although threatened there has been no court action. What if I write to the debt collection agency stating that I do not recognise any debt with their company and request a copy of the signed agreement? Or am I getting confused? Would the 'promise note' constitute a credit agreement? Regards Marc