I originally created this post back in 2007 - noodle (who had the details) hasn't used this thread since 2008, and I don't have them anymore. Whatever information there was would be of no use whatsoever now though, as the financial world has certainly changed LOTS since 2007. Quick update though, I never applied for the mortgage. My husband (then boyfriend) had a mortgage on his own house, I moved in with him and now we are waiting for the upturn (however many years that will take !) of the market before we even consider selling the house and applying for a new mortgage. The 25% deposit situation doesn't help, nor does the uncertainty on the house prices. So for us it is a waiting game. We like our house though, and financially are both fine so basically just waiting to upgrade houses when the time is right. To all of you requesting information, the only thing I can think is for you to approach a reputable mortgage broker or a financial advisor. We have a financial advisor who could tap into mortgages that aren't advertised so readily, again this was a few years back. Hope you all find the solutions you are searching for. Joanne

Thanks for the reply Andy. I have amended my letter so hopefully will receive some form of reply over the next few weeks so that I know what my next steps will be. My only concern is that the old debt with DLC may have my signature on some correspondance. I'm not sure how ethical DLC are (not very as most are not I know!) Joanne

Hi I posted on here a while ago. Basically Cahoot passed my debt to Apex Credit around 4 years ago after they defaulted me. I was paying Apex £87 a month. Then Apex began to try to get me to up my payments and I thought I would CCA them mainly as I had that much debt when I was in trouble 4 years ago I didn't have a clue as to what the original balance was and wanted to ensure I still owed them what they claimed. Apex didn't supply me with the agreement after the allowed time so I cancelled my direct debit with them. That was in January. I heard nothing more until 3 months ago when they offered me a settlement. I rang them and advised I would be in a position to settle as soon as they supplied me with my agreement. They were very nice and apologised said Cahoot weren't playing ball apparently. So I heard nothing more until saturday when I received a letter from DLC with a letter enclosed from Cahoot stating they had sold the debt to DLC. DLC asked me to contact them with an offer of payment within 30 days or they would start to record on my credit file. OK my queries for you guys are as follows: 1) Do you think I am right in assuming that Cahoot probably don't have my agreement. I was a regular payer never missed a payment and usually upped it when they requested. Why sell on a debt especially one I was prepared to settle on when I wasn't a risk - unless they didn't have my agreement? 2) When does a debt become statute barred after a defualt? Is it the date of the default even though I was paying after the default? I assumed the original agreement came to an end with the default. I have my CCA on the desk for DLC now and will be posting it by recorded signed for delivery of course. I have dealt with DLC before and dislike them therefore will not be speaking to them on the telephone. In the past with an old account they said I had agreed to double my payments 6 months previously. I requested a recording of the call and they wrote back apologising saying I could keep my payments as they were until the debt was cleared. Any advice or comments are greatly appreciated. It is because of this forum why I have the strength to deal with these idiots! Joanne

Sorry for the massive post!!!! Around 4 years ago I defaulted on a few loans and credit cards. 1 loan was cahoot which I was given a 50% settlement on in December and have paid and file is closed on that now. 1 was a credit card with cahoot. When I defaulted the balance was around £5,500(ish!). I sent a CCA request to Apex who have been dealing with it for a few years in January. Their deadline has well and truly passed and no CCA. Now, they called me last week asking if I would be interested in settling. They claim I have a balance of £2300 and I can pay it off as a F&F settlement for £1,800. I said no, that I didn't think Id manage that but would have a think about it. They called me back 3 times a day leaving messages on answerphone. 2 days ago he called saying I must return the call "to stop any further action being taken against you". So of course being the feisty person I am I called back immediately stating that I am making my payments so what on earth were they talking about?! This time I spoke to a lady who asked my position. I said I wasn't prepared to pay £1800 on a debt where I havent been provided with my CCA. She said "You've had this account for years do u not think it is a little in the day to be disputing it?" Me: "I'm not disputing the debt - I am disputing the balance as you quite rightly say you have had the debt for years however the balance hasn't dropped that much" Her: "Oh right. Erm I can ask the client for the CCA but I don't know how long it will take" Me: "well you've already passed the deadline so are committing an offence anyways - I'm sure Cahoot know the legislation" Her: "Yes they will. So u can't pay £1800?" Me: "No the most I will pay if anything is £1,000" Her: "oh right! 2 seconds I'll just check if i can say yes to that now or if i'd have ro refer it to the client". Basically she came back saying it had to be referred to cahoot as it was a substantial difference. However she seemed like she thought the grand was a great idea. probably cos they've made their money back already! She then asked "can i ask are u going to continue to make your monthly payments?", sounding concerned. I said I was, however I was well within my rights to stop paying. She agreed with me and said hopefully we could resolve the situation soon. I am thinking that I may receive a letter in the next week offering me the settlement, or I will hear nothing again. If I don't hear anything in the next 3 weeks then I am cancelling my payments with them until they locate my CCA file. Am I correct in assuming I am legally able to do this? I would like to get the debt finished with, hence continuing to pay the £90 a month however if they turn ignorant now then I will cancel after this months payment. That should soon sway them to either settle with what I am offering or produce the CCA. I am wondering has anyone any thoughts on this or any advice? I never speak to them on the phone usually but in this case I don't actually want anything in writing until they have agreed the settlement figure that I want to pay (play them at their own game). Thanks for any advice and sorry for the long post!!! Joanne

Quick Update: Just got back from honeymoon on friday and a letter was waiting for me from TBI, basically saying the following: We enclose your £1 payment returned. We have passed your file back to HFC as we do not hold the documents you have requested. Hmmm - funny how their original letter demanding £88 a month from me stated that they have the agreements and they now own the debt, and they have even transferred the default into their name. Now they apparently DON'T own the debt. I'm assuming I just have to sit tight and wait again for further contact requesting payment. They don't have any agreements by the looks of things. Plus only a year to go or so anyways until it can't be claimed for so I'm not pressing for anything from them!

OK well as long as it's legal that's ok. I sent them a CCA last week as I haven't heard anything about the account in 2 years. I haven't moved, they just stopped pursuing the debt. I don't think it's reasonable that they can stop taking payments and making contact for 2 years then all of a sudden demand to know my financial status and demand payment within 14 days. I'll see what the CCA produces though. Thanks for the advice.

Sorry I think I may have worded my original post incorrectly. I haven't paid a full and final settlement to anyone regarding this debt. Basically I had a debt with HFC. I defaulted on this and they passed the debt to Scotcall who collected payments of £50 a month from me for 2 years. Then I received a letter from Scotcall asking me to cancel the standing order as HFC had requested their files back on me. I asked why and he said it had been written off, then said he wasn't actually sure why. I cancelled the standing order and have heard nothing at all for 2 years. I received letter in November from TBI saying they have now purchased the debt and my payments were seriously in arrears (obviously as I had heard nothing more from HFC for 2 years!) I sent a CCA to TBI last week. I checked credit report in November and the HFC defaulted account had been completely removed. I checked credit report this morning and it is back on, with same dates and everything except now it is under TBI Financial Services and not HFC. My question is, can a default be transferred from one company to another? Especially as the defaulted account had mysteriously disappeared off my account for 2 months, then reappears under a different name with the same default date (2003). Thank you

No the written off part is just a small part of the process as it was said to me on the telephone. I know this will not be believed or anything by any company/court etc so really it's neither here nor there. Mainly its about the default being transferred into another company's name Thank you

Re ongoing saga with HFC/TBI Financial Services. I have a debt with HFC which I defaulted on in 2003. I was making monthly payments to Scotcall then they told me to stop paying as it had been written off. I received letter from TBI saying they had bought the debt in November. Now, HFC removed the entire account from my credit record and this morning I have checked and the default is back on, but this time under the company name TBI Financial Services! I'm not sure if they are allowed to do this as my original agreement has already been defaulted. I have not defaulted ANYTHING with TBI and certainly not back in 2003 as it is stated on the record. I have CCA'd TBI last week so waiting to hear back from that but was wondering if anyone knows the legal situation on the default. As always Many Thanks!!! Joanne

Thanks for the reply. I'll CCA them on Thursday as I received letter 2 from them yesterday. I think they've bought the debt for very little and are clutching at straws as it was quite a nice letter saying they were trying to help me - by adding 3k on to a debt yes very helpful lol. Anyways I'll CCA them and see what that produces. If they have the agreement then fine, I shall go to the Financial Ombudsman as to why I was told it was written off, hearing nothing for 2 years then all of a sudden they get in touch. And if they can't supply me with a CCA then I'll send the letters so helpfully supplied throughout this forum. I shall keep you posted on the subject though, and as usual ask any questions if I think something doesn't sound quite right! Thank you Joanne

Thanks spamhead I'll try doing it that way first. As for the first debt that was settled, they called me on 3rd december saying they could only keep offer open til 5th. I said I refused to agree to anything until I had it in writing. They refused so I refused. They backed down and sent a letter stating it would be full and final. I then asked for even further reductions as in the meantime I had made a monthly payment. They agreed said there would be no letter so I said the deal was off. I did speak to an idiot at BCW who started shouting so I just laughed and hung up. They then sent me a letter with the terms and conditions I had said I would agree with. The cheque was sent on 21st December. So much for 5th december deadline! They also said it HAD to be a debit card. I said impossible, again they said it was off, again I said "OK then" and again they backed down lol! You've got to love them really. I said in my letter that by them banking the cheque they were agreeing it was a F&F and my credit report would be updated accordingly. And it was immediately. I know we aren't supposed to speak to these dimwits on the phone but I've had many years practice and never agree to anything and get everything I need in writing anyways. I'm not intimidated or forced into anything - usually it's the other way around! Plus I learnt they don't actually record the conversations like last year when DLC said that I had agreed on the telephone 6 months earlier to increase my payments. I said I hadn't, she said I was a liar so I asked if they record conversations. She said yes and I got the address to write to. I wrote to them asking for the tape and the circumstances. I received a letter a week later apologising and that they would let me keep my payment level as it was and would not bother me again til the end of the agreement. That was a fun letter to receive lol. As for the current one I'll CCA them first and see how it goes from there! Thanks! Joanne

Bump!

Another debt I have is with BCW, originally Cahoot. On another debt they had of mine, they had rang and offered me a 50% settlement figure. I accepted and paid, sent along the relevant letters stating my credit record was to be updated etc. Everything has gone fine with that. This was last month. Now, this current debt was a cahoot credit card. I owe approx 1300 on this now, paying £83 a month. I am considering doing the following (also to cabot on another debt) and would like your views on whether it would be possible: 1) Send a F&F offer to BCW for £375 2) Receive their obvious rejection letter 3) CCA them regarding this debt, but leaving out the I do not acknowledge this debt, as I would have acknowledged it by the past 2 years payments and F&F offer! 4) Live in hope they don't have the agreement (from 2003) and then accept my offer? Just wondering what others think about this scenario? Would it be worth a try, or would the CCA route not be feasible once I'd already offered a F&F? Joanne

I have received a letter from TBI Financial Services relating to an old HFC/Beneficial Finance debt as mentioned in an earlier post. I have not as yet replied to them even though the 14 days for payment are well and truly up. I took out this loan in 2002, defaulted on it, paid scotcall for over a year, they said HFC had requested they close their books on me, then I've heard nothing until now, 2 years later. Anyways, I am waiting for a second letter before I CCA them. My query is this. Whilst the debt was with Wescot (prior to Scotcall) I disputed the amount owed. They said that I owed £6500 in total on a debt which I could only recall being £1800 plus £850 on an old pc debt that they had consolidated. I received from them in 2004 an envelope containing all of the paperwork they had relating to me: a copy of my direct debit mandate, a copy of my passport, a copy of the PPI agreement and a copy of the account set up form. Back then I didn't have a clue about my rights and CCA's, which is why I took this to being all the necessary documentation. I therefore started paying £50 a month to clear the debt. It was passed to scotcall who I continued paying happily until the file was closed. I still have the documents that Wescot sent me. Now that TBI are chasing the debt, I will CCA them. And I am assuming that the documents I have are the only ones they have. Does the account set up form constitute anything to do with a CCA? It doesn't state consumer credit agreement anywhere. It does however, state 60 x £116 payments, with a PPI payment of £450 and another abreviated payment of £250. At the bottom it states that the loan is £3800 net of interest. There is no interest breakdown. I have signed the form, however it seems I have signed for the PPI as the term lists "I understand that the first payment will be for PPI" etc. So, would this be classed as any shape or form a CCA? The interest would amount to £3,160 !! on a £3800 debt. Any comments or answers are as always greatly appreciated. Joanne

Thanks for the reply. Don't worry I have no intention of speaking with them on the phone - I have been in dealings with DCA's for many years now so wouldn't dream of it. Just trying to see if anyone else has had this type of thing happen to them with regards to the credit reports and lack of communication for 2 years. Thanks