That's what i am trying to find out! Don't know which letter to send. The only thing i had with Abbey was a current account.

Hello

Can someone please guide me on this one, Sent a CCA letter to "red Debt Collections" asking for an executed credit agreement copy for a debt with Abbey National, they said they have no obligation under the provisions of the act to supply information, as the agreement I seek is not a regulated consumer credit agreement.

last time I had an account with Abbey was in 99, What do I ask for, for proof of the alleged debt and date for me to fire back a letter of the limitation act?

recieved a bill today well two one for Gas and one for Electric, from Scottish Power, med into new property june last year, now want a grand between the both!

Surely I can claim a discount, I can not even set up a direct debit, there is no discount on the bill for dual fuel, its not my fault they have not bothered till now to bill.

what are my rights here anyone know?

UPDATE...

recieved letter from cl finance after me sending out request for reclaim of charges with interest, they have agreed the full amount and interest!!!!!!!

come on!!!!!!!!!! yesssssssssss!!!! :lol: :lol:

thankyou everyone!!

RECIEVED LETTER FROM RMA SOLICTORS REQUESTING I PAY THE FULL AMOUNT OWING BY 8/3/07:eek:

NON COMLIANCE FROM RMA RE C.C.A.

NON COMPLIANCE FROM BARCLAYS RE S.A.R. just a cheque for ten pounds and a letter saying they need more time as they are back logged with similar requests!!!!!!!!!!

need ADVICE

update...........

recieved letter after me sending out request for charges with interest.

offered me the amount I 486.00 which is more than what is owed and which is basically the amount i was orginally overdrawn when the account was closed and sent to moorcroft.

the offer of 486 is tempting but they have not included interest on this amount or anything about removing my default which related to this overdraft in the first place.

I want to go for the full 1,196.00 whic includes interest on the 486.00 WHAT LETTER SHOULD i NOW SEND OR DO I JUST ACCEPT THEIR OFFER

HELP........

wow can always reply on you!! thanks:rolleyes:

is it right??.........so little faith in myself............

sandrockDOH!!!

recieved a letter today......... from Lowell

"we can confirm on our records that you actnowledged the account by making a payment of one pound on 19th January 2007 we would also like to advise that regular monthly payments of one pound have been made since nov 2005. therefore the limitation act 1980 sec 5 does not apply in your case we now require payment of the full balance by return"

well any suggestions........ (gutted)..........

Lowell Financial

Enterprise House

1 Apex View

Leeds

Yorkshire

LS11 9BH

19TH February 2007

Your Refxxxxxx

Original Creditor : Co-operative Bank

Dear Mr Beaver

I do not acknowledge any debt to your company

Thank you for your letter dated 15th of February 2007 in response to my letter dated the 12th of February 2007 in regards to the Limitation Act 1980 Section 5, to which the points you raised I have noted.

In regards to my request which I sent you on the 5th of January 2007 requesting a copy of the credit agreement along with further information (copy attached), I received a copy of the Credit Agreement duly signed by myself and my partner. May I draw your attention to the following:

Section 127 (3) of the Consumer Credit Act 1974

The court shall not make an enforcement order under section 65(1) if section 61(1)(a)

(signing of agreements) was not complied with unless a document (whether or not in the

prescribed form and complying with regulations under section 60(1)) itself containing all the

prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the

prescribed manner).

And Section 60(1) (a) of the Consumer Credit Act 1974

a document in the prescribed form itself containing all the prescribed

terms and conforming to regulations under section 60(1) is signed in the

prescribed manner both by the debtor or hirer and by or on behalf of the

creditor or owner.

I therefore , unfortunately, I have to inform you that you have not complied with my original c.c.a. request which you signed for on the 12th of January 2007 .

I trust you will look into this Credit Agreement that you supplied a copy of unsigned by the creditor, and I look forward to your prompt reply in relation to this matter.

I will be informing the OFT regarding this breach of my original request and the FSA to which I will forward a copy to yourselves.

Yours faithfully,

sandrock

what ya think........ any more info I could put in here??????????

thanks tbern....

is it section 127(3) which would deem an agreement unenforceable if it has not been signed by the creditor...........

Does anyone have the full wording of this section?

its very confusing.........

so basicaly they have to have a signed copy which they have, but there isays no countersignature from the loan company .........sooo........it does not say anything about the countersignature/

there is only my signature on the credit agreement not countersigned does this make a difference?

the s.a.r was sent to Barclays.... will be dealing with them now not RMA as they have defaulted on cca.

regarding the PPI GONNA look thru ppi section tonight......Happy Valentines............

DOH!!!

recieved a letter today......... from Lowell

"we can confirm on our records that you actnowledged the account by making a payment of one pound on 19th January 2007 we would also like to advise that regular monthly payments of one pound have been made since nov 2005. therefore the limitation act 1980 sec 5 does not apply in your case we now require payment of the full balance by return"

:o

well any suggestions........:-? (gutted)..........

RMA i presume bought the debt rather reluctant to send s.a.r. to rma as they did not even reply to cca request..........will do though, will then send payment to barclays instead.....

thanks again priortyone:rolleyes: !

Printed off CCA Request to RMA

Printed off S.A.R - (Subject Access Request) to Barclayloan

Printed off Harrasment Letter to RMA

 

Will record deliver all tomorrow 12/01/07

 

recieved postal order back from barclays as the s.a.r. is free and they value their customers etc etc... along with loan details as follows

Amount of loan 6000

charge for credit 2559.60

total payable 8559.60

premium loan (ppi) 1363.52

charge for credit 581.68

total payable 1945.20

60 repayments of 175.08

APR 15.9%

PAYMENTS MADE TODATE 2976.36

BALANCE BEFORE PASSING TO RMA 6022.18

paid rma 503.00 todate

rma have added 526.00 to balance outstanding

1. RMA Have not responded to my cca

2. The PPI was mis-sold to me as I was Self-employed and this was added along with the loan they knew I was self-employed but when i requested to claim I had to provide proof of claim J.S.A. OR I.S. which I was not claiming I started a new job, to which they said I could not claim!!

where do I go from here??

do I STOP PAYING RMA and only pay barclays direct

do i write to rma requesting all payments I have made to them to be passed onto barclays.

are there template letters for these?

and how do i start a prelim letter to barclays regarding PPI is there a template letter.......... so many questions I know but I am in such a mess with this one..........

just about to do a prelim letter regarding charges what inteest rate should i put into last column as 8% is only needed for court proceedings....

new to this........

thanks........

hi gemspan

well i was going to send the above letter to eci on monday, I have stopped the payments now to them.

or are you talking about rma?

recieved the s.a.r. fron natwest today.........charges add up to considerable amount..... more than what moorcroft are chasing.......ws wondering to send letter to moorcroft on the lines of:

I do not acknowledge any debt to your company.

To date you have failed to comply with my statutory request for a true, signed copy of a regulated credit agreement and have therefore defaulted in respect of the above account.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act, 1974 and is a complete defence in any court claim that is issued. It also remains unenforceable until such time as a default is either removed or enforced by a court of law. This means that any attempt by your company to enforce this alleged agreement will represent a further offence until such time as it can be produced in court.

The above account therefore remains in dispute.

as gratefully recieved from priorityone....

as the deadline moorcroft gave me runs out tomorrow.... then i will now start with letter re charges to natwest.

the statements show all payments from moorcroft that i made.

any comments?..............

thank you priorityone again!.........