Hi All, Had a response from IF to a CCA request on a credit card. Quote: "Further to our letter, at the moment we are not able to provide a copy of the original signed agreement but I have enclosed a copy of your original Terms and Conditions, however we can confirm that our procedure has always been to obtain our customer's signature to an agreement containing the prescribed terms before entering into a credit card agreement. As such, we are confident the agreement remains enforceable. By providing you with the documents attached to our previous letter, we have satisfied our obligation to provide a copy of the executed agreement under Section 78. However, even is an agreement is unenforceable, the contract still has legal effect and is not void, the lender is merely prevented from seeking an enforcement order from the court. It has always been our process to ensure that an agreement complying with the CCA requirements would have been signed by the customer before setting up a credit card account. Should this proceed to court we will adduce evidence to confirm this..." It goes on to warn about using the services of claims management companies etc.... They have attached a badly photocopied version of the Terms and Conditions. I'm confused here - am I still in dispute with them until they turn up a copy of my signature? Should I start paying them again? As always, any help much appreciated. JJ

Thanks for the quick reply dx. I don't have a breakdown from them on how they've arrived at the figure they say I owe. It's close to double what Payplan estimate. My guess is it consists of charges and interest. I thought they would provide this as part of s78 of the CCA request?? Should I send a SAR request to get clarification? Can I get any of the interest or charges removed? Should I continue to pay if this is the right thing to do while I wait for them to come back (is my account still technically in dispute)? Apologies for all the questions and thanks again for your help. JJ

More info on this - Sorry if I'm appearing a dumbass on this, but having read through everything again, it appears that they have only sent me a copy of the Credit Agreement I signed for the account. It appears genuine, having my address at the time the agreement was taken out, address and direct debit details at the time and my signature. They haven't included any statements or breakdown of what I owe though. They say in their letter than they have fulfilled their obligations to s.78 by sending my a copy of the signed credit agreement. My interpretation of s.78 is that they need to provide me with a breakdown of what I owe though - is this correct? Can I dispute this and should I continue to pay them in the mean time? I'm really not trying to escape my obligations here, I just have no idea how they've arrived at the figure they say I owe them, I think a large chunk of it will be charges and interest applied to the account after I entered into the agreement with Payplan.... I just don't know how to proceed from here. Payplan can no longer help me - I really want to avoid any more adverse information on my file, I got into trouble through redundancy nearly 8 years ago now and really don't want to continue to be punished indefinitely for it! Any advice anyone can give at this point would be hugely appreciated - reading a lot of confusing information and I'm new to this. Thanks in advance JJ

Hi all, On the 18/3/2014 I wrote to the Halifax BOS with a CCA request for an account I have been paying via Payplan for the last 6 years. This was on the advice of someone else on this forum - same person advised I post here when I had a response. On the 15/4/2014 they wrote back to me enclosing a copy of the original signed form and the signature is mine and does relate to my account. This is one of 6 accounts Payplan were distributing payments to on my behalf and to date, is the only one to respond. My question is, what do I do now? I cannot restart the payments with Payplan as I've not had a response from the other creditors and I think I'm correct in saying that the account is no longer "in dispute" as they have responded? The estimated total owing on my Payplan account is considerably less than the amount Halifax claim I owe on the account. I'm desperate to clear up my credit file (the original default has dropped off my file, but I don't want anything new registered on my file). Any advice anyone has at this point would be hugely appreciated. Thanks, JJ

I did look into reclaiming PPI (I definately had it with one provider), but am I not effectively acknowledging the debt if I make a claim for the PPI relating to it? Also I have no idea idea what charges have been applied to my accounts and as they've not responded to my CCA request, have no way of knowing. How long do these companies have to respond to my CCA request? Can they just come up with the goods in a month or a years time and just hit me with it again? Thanks again for all your help here, J

I am worried though that somehow I'm going end up wracking up additional interest or charges, or worse, find CCJ's on my file.... do I need to follow up with these people?

I did advise PP that I wouldn't be paying them as I'd CCA's my creditors.

Ok, So it's been over 2 weeks since I sent out the CCA requests and so far, no-one has responded. I haven't paid PayPlan, so no money has been distributed (although I am saving it). Not sure what next steps are now? Feeling extremely nervous about this.... am I right to not pay anything?

The leaflet they enclosed with it implies this is just a standard statement they are required by law to send from time to time. It doesn't in any way acknowledge receipt of my CCA request or infer this is their response to it. Do you think I need to write back to them stating that?

Hi, Following the advice from a previous post on here to send CCA requests to my creditors, I've had a response of sorts from Santander regarding my Cahoot Flexiloan account. I defaulted on the account 7 years ago and have been managing payments to them through PayPlan ever since. The Default expired on my credit file last year and I've stopped paying PayPlan (again, under advice) because they've been screwing up my payments and until I did some digging, I didn't realise their estimated settlement figure bears no relation to what Santander say i owe. I sent the CCA request on the 7th March and yesterday I got a statement with my last 9 transactions on it. That's it. Nothing else. What do I do now? I'm not paying them any more as I believe technically my account is still in dispute. I'm desperately trying to clear up my credit file (my mistakes were from years ago and I've worked hard to correct them and get myself straight) so I think I'm right in saying they can't default me again, but can they issue a CCJ? I can't start this cycle again. If anyone can help it would be hugely appreciated.

They did exactly the same thing to me last week. Seems like a delaying tactic on their part. I just returned the PO with the details they'd requested filled in and enclosed a copy of the original letter with the same date on it.

Ok, so had first couple of responses. Hilariously Marlin Financial Services returned my Postal Order asking with instructions on who to make it payable to (delaying tactic?). Robinson Way have just replied with the following: Following the request, we have today asked for a copy of the agreement/statement to verify that you are liable to pay the amount due. Your account has been placed on a hold temporarily pending receipt of this documentation and we will contact you again in due course. Is this fairly normal? Should I be posting elsewhere on the site now I'm starting to get some responses? JJ

Quick question - the CCA request is just for the original credit agreement, is that right? Do I need to ask for something different to determine how they've arrived at the amount I owe them, or should I ask for that after I get a response to the CCA?

Ok, taking your advice, I've been through all my account with PayPlan and crossed referenced them to my credit file and will be sending out CCA requests to them all. "as for the debt that's not yet defaulted if you've late markers for XX yrs there enough evidence there to force the oc to poss moved the default under ico rules." - I get the gist of what this means, but what's oc and ico rules? How would i go about doing this? Thanks again for your help here.

Thanks for the quick response - Actually helps so much - I've been on my own with all this for so long now. Yes - sorry - I got caught up in 3 letter acronyms. Payplan are my DMC and they distribute my payments to various DCA's (although I've completely lost track of who owns which debt now - not helped by the fact that nothing on the PayPlan site matches my credit file). I have written to them for help, but I'm not expecting it. So I was told by a PPI company I can't claim it on accounts that I've defaulted on (ironically, I had PPI on at least 2 of the products I defaulted on, but neither paid anything until I'd been unemployed for 6 months, so were about as much use as a chocolate teapot). That's a huge relief on the Default dates - I figured that was correct as 2 of them are completely missing from my file now. The default I'm querying the date on APPEARS to still be with the originating lender on my credit file, but I'm sure I actually pay a DCA on this. Who should I contact in the first instance on this issue? With regard to the CCA request, I think you're right - stupidly I've trusted PayPlan to handle this and it just all looks wrong. I have one account which has never defaulted but shows a long history of late payments. I'm worried that antagonising this one might result in a new Default and a total restart to the 6 year clock, just as I reach the end. Would settling this account in full be a sensible option before I do anything else? The Defaults that have dropped from my file are actually the largest amounts owed - I just assumed that everything I was paying is legally owed to these people - although judging from the discrepancy between the other accounts on my file and PayPlan's view of the world, I probably have no idea how much I ACTUALLY owe them. Thanks again for your response - it's a huge weight off.