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alangee

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  1. winchester If you are still making payments through your CCCS to these cards that are not on your credit report, then they could still be enforceable, because they would not be statute barred. Of course they could still be found to be unenforceable if there is something wrong with the agreement, so send a request for a copy. Alan
  2. Donkey What happens to all those CCJ's HFO have obtained if they lose their credit licence or go into liquidation? Alan
  3. James I used to think exactly the same as you until someone explained that a Default Notice and a default entry on your credit file are two different things. The Default Notice is purely to allow the creditor to take the next step - enforcement of the debt. The default entry on your credit file is to denote that the relationship between the creditor and the debtor has broken down. Thus you could have your credit file in default without receiving a Default Notice. The confusion arises because both of the above are normally enclosed in the Default Notice - i.e. threatening to take further enforcement action, and informing you they will inform the CRA's. Although this is the norm, I am told that they could be dealt with as separate issues. Alan
  4. Is it nice to be Holier than Thou, Brigadier? Alan
  5. maureen If you need a copy of that judgement Ian has pointed to, let me know. Alan
  6. Brigadier According to the people I have spoken to at the ICO, the agreement is personal data, and should be included in any SAR package, if they still have it. Alan
  7. You can use the SAR to find out if the document sent in reply to a s77-79 request is a genuine copy. Under an SAR the creditor has to send a copy of the document - not a reconstituted copy. This will probably be a copy of the application, but at least you will know what the OC has. Alan
  8. Not quite the same thing, the car dealer does not charge you the price of a new car for the one he bought at auction. Alan
  9. Was this "cash" supposed to have been paid through the bank, or directly to them? How long has RobWay had the account? Did they ever send you yearly arrears statements? Alan
  10. I was looking through the ICO technical guide on defaults and at section 21 - an arrangement to pay, on page 11, the point is made that: "If a customer fails to return to contractual payments after an ‘arrangement to pay’ has expired, then the lender can file a default immediately, as long as this would not place the customer in a worse position than they would have been in, had they not made the arrangement." (my emphasis) I do not know if this has been added to the updated version of the technical guide, or whether it has always been there, but possibly a point to complain about to the ICO, if a default marker has been placed. Sorry I do not have a link for the guide, but it is on ICO site. Alan
  11. Braders Was it always a Platinum card, or did it start off as Gold, and they asked if you wanted to upgrade? I had a Platinum Card, and they asked if I would like to add FlexSelect to the card. I said yes - not really knowing what it was. It was some months later that I found that FlexSelect is actually a credit card option within a charge card, and as such is governed by CCA1974. All purchases over £150 - at that time - went to the FlexSelect. Did they ever offer you this option, and if so, did you take it up? If you did take it up, then it becomes a little more difficult for Amex. Did Amex/Newmans add extra "collection" charges to your account? If you have a straight charge card then asking for a copy of your agreement will get you nowhere, because charge cards do not come under CCA1974 protection. They will send a copy of your application - make sure that the card number tallies with yours - and tell you that that together with your statements is enough. Having said that, request copies of CCA from those MBNA & RBS. Send it off to Amex as well, it will delay matters for you while you decide what to do. Alan
  12. Braders46 You say you have an Amex charge card, which one is it? Did they ever offer you the option of a FlexSelect account with it? Alan
  13. Can any one tell me how you can work out the average APR for the first year of a credit card if the first six months are 0%, after which the interest reverts to a normal rate of say 15%, for example? Alan
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