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LAN01

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  1. Just an update. I have received a response to my CCA request from Lowell's. What they have sent is is as follows: Covering letter: Dear Mrs XXXXX We enclose copy of the original paperwork we have been provided by HSBC Bank plc in response to your written request to us under Section 78 (1) of the Conusmer Credit Act 1974. We would also confirm the following information as required by the above Act:- Balance payable against your account : £4030.45 Current state of you account : Defaulted We look forward to your proposals for re-payment within the next seven days. The documentation that they have have sent is: A copy of a letter from Churcwood Financial dated 8 October 2002 requesting account details on my husband. The letter states that they had been instructed by my husband to assist him in relation to his financial problems etc. Also attached is a signed client authority dated 1 Sep 2002 which both my husband and I had signed. The third document that Lowell sent is a response from HSBC to Churchwood giving them details of my bank account, status and amounts but also informing them that the loan is up to date. Definately no CCA, statements or any other documentation in relation to old HSBC accounts. Furthermore we did not go ahead with Churchwood as the charges for the service were ridiculously high. As the letter from Churchwood to HSBC was in respect to my husband's accounts does this not breach the data protection act as well as making the debt unenforceable? Also as they cannot supply a CCA can I insist that the default is removed?
  2. Good luck with it and I am here to offer any support I can Lan
  3. Have you tried contacting Laiste? She is a solicitor and is very good advising people what to do on these matters. Try sending her a pm. I'm afraid I can't advise you on this Lan
  4. Have they issued a court summons or just threatened to take you to court?
  5. Nothing at the moment, just sitting tight and waiting to see what they come up with next. Since Welcome aren't dealing with it themselves and the DCA's haven't provided any CCA except for Hillesden and they haven't bothered to chase me for it. I only CCA'd them as they were on my credit file and I didn't know what it was. But I am ready to put up a fight if I have to.
  6. If I CCA Lowells is that not acknowledging receipt of their SD?
  7. In March this year I CCA'd Legal and Trade Collections re 2 outstanding debts with HSBC. They failed to supply any documentation within the statutory timescales and so I wrote to them requesting that they remove all adverse comments from my credit files etc. I received a letter from them informing me that they had transferred the matter back to their client and on receipt of their comments would be back in touch to advise accordingly. Today I have recieved a letter and Statutory Demand under section 268(1) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately. It was sent via 2nd class post and the creditor is named as Lowell Portfolio 1 Ltd. There is no court details on this document, no court stamp etc. and it is dated 14/6/2007. On the paper work they have stated that they bought the debt from HSBC on the 11 May 2006. Any advice on how to respond to this greatly appreciated. Lan
  8. LAN01

    (HSBC) MCS Ltd

    Hi Neal No I don't think you're a "reet ferret"! we have all had to learn this at some time or other and believe me I'm still learning! Which was why I asked for Dave's advice. The charges you can claim back are charges that are added to your account for late payments, going over your limit etc and any interest added onto those charges, if there are any of those on your statement you will be able to claim those back. As it stand at the moment they are unable to enforce any of the debt as the agreement doesn't stand up. So I wouldn't worry to much on that at the moment. With regards to the bank statements, they have 40 days to comply with your request under the S.A.R - (Subject Access Request) you sent, but a gentle reminder wouldn't hurt. Also you can remind them that they haven't supplied you with all your credit card statements. I hope this clears things up a bit, and have a good weekend, I'm off to a family wedding in Edinburgh so really looking forward to it, but not the drive up! Your letter looks fine btw Lan
  9. LAN01

    (HSBC) MCS Ltd

    Once again Dave you are a star!! Neal, you are charged different rates of interest for purchases and cash withdrawals. It is usually a higher rate for cash withdrawal. So your total interest charge is made up of the two rates. As Dave has said the agreement is unenforceable as it doesn't meet the min requirements as laid down in the Credit Agreement Act so they are unable to enforce the debt until they can produce a valid document. I would write to them as Dave has suggested and remind them of their obligations. I too am going away this weekend so I will catch up with you next week when I get back. Take care Lan
  10. LAN01

    (HSBC) MCS Ltd

    Hi Neal At first glance there are no terms and conditions, no interest rate or APR on any of this paperwork. I will have a closer look tomorrow and try and get someone else's input for you. Lan
  11. LAN01

    (HSBC) MCS Ltd

    Hi mnealio Have they sent you the credit agreement for the credit card or just statements? (Doesn't matter who sent them) If so can you scan and paste (blank out personal info) so that we can have alook at it? On the statements have there been any charges added to the account? The request for bank statements would fall under you S.A.R - (Subject Access Request) and they have 40 days to comply with the request. You can write DG a letter explaining that the still haven't fully complied with your request and remind them that the clock is still ticking. Lan
  12. http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html Letter N is the one you need.
  13. Hi woolney I got a reply back last week saying that they were contacting T-mobile for copies of statements and they will contact me at a later date. Just waiting to see what they can produce. Lan
  14. If £10 a month is all you can pay, thats all they can have. Send them the harrassment letter and send the payments by post. Have you considered sending them a CCA request? Might be worth your while and get them off your back in the mean time.
  15. What do you mean by "black listed" him? Have A&L put a default on his CR file? or have they marked it as "reduced payments"?
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