So just to clarify, and sorry for repeating....All a DCA or OL has to do is send you a "recent" copy of their agreement and T&C's and that's classed as enforceable?

Ok, had a look. So I'm assuming they don't have to provide you with a signed agreement anymore?

Hi all, not sure if this is the right thread, but just wanted clarification on any changes in law regarding CCA requests. I recently read somewhere that a company does NOT have to provide you with a "signed" copy of the original agreement in order to make the debt enforceable. Whereas, as i believed it, the did? Is this the case?

Hi guys,, Already posted today on another topic, but think this is a different issue. After being made redundant, i offered a debt repayment plan to all my creditors, based on advice received. All accepted other than Abbey/Santander. this was for an overdraft and personal loan. I kept receiving letters to which I initially kept responding to by calling at their request, only to be told my offer was unacceptable. this went on for 3 months, stalemate. It seems now the overdraft, not the loan yet, has been passed to "Wescot" for collection. Do I negotiate with these as per my original offer? Are Wescot a REAL DCA or employed by Santander? Next action please?

Hi, could do with some guidance. Just received a letter demanding full payment of a loan I had with Halifax/RBS from Moorcroft. I was made redundant last year and offered a payment plan to Halifax for which they initially accepted. I called to make another payment beginning of this month and they instructed me they had passed the debt on to a DCA. I asked why as I had an agreement with them, even the guy on the phone couldn't work out why. He told me it was a company called Barnst and Noble??? or something similar. They refused to take payment as it was "off their system"! So i waited for further communication. Then this letter comes from Moorcroft, which seems is the original loan agreement number quoted demanding and threatening legal action. Are they guys employed by RBS or are they a REAL external agency that has bought this debt? Do I call them and deal with them without confirmation, do i re-contact the Halifax and pursue, albeit I'm not on the system? Thanks in advance

Many thanx for that MacBoy, very informative and helpful. Shame I'd already lost the plot with the bint on the fone! Ill just transfer that measly amount away anyway. Funny tho, i checked my other card that i never have or had trouble with and theyve creeped it up too! This is robbery. Have politley requested they write me and explian the increases. Here's waiting.........................

Hi all, Bin a while since I posted, but I'm in a dilemma, and need your expert advice. Bit of history – Back in 1995 I applied and received an MBNA credit card with 16-19% apr offered. About 4-5 years later I got into financial trouble, and had to, after defaulting (and paying for it in charged etc), arranged a payment plan direct with them. They agreed to freeze the interest twice, for all of a year I believe, and then I assumed the account reverted back to normal. I carried on paying whilst my troubles were eased, and have continued to do to this day. I may add, not on any agreed plan, the going rate, and more. Only today did I get annoyed. They are applying an apr of 34.9% (AHH) 34.9????? Understandably I was infuriated. It appears a little crafty to be honest, and I assume they’re doing it to penalise me. However, I was on the understanding that variable rates apply to inflation and economical climates, not personal situations, UNLESS your applying and signing a NEW T&C under a new rate. I have other cards of which I’ve been late with, but they never increased the apr, just charged me, understandably. Surely the original T&C’s would not allow this much growth outside inflation? In 2005 the rate had been increase to 24%, and now 2 years later it’s a further 10% to 34! Upon asking the “COMPANY” service rep (mgr, lol), to justify, she said they are allowed, (due to variable rates), and it was down to me defaulting. I asked how I’d defaulted in the last 2 years to warrant a 10% increase (don’t forget the previous 19-24), and she explained it was because I was late TWICE! 10% for being late twice? This all seems a bit fishy to me. Maybe they can, and if they can its disgusting, maybe they cant and they’re relying on me swallowing it like I had the past increases (my fault, never checked the statements). Either way, I’m infuriated and would appreciate your advice. Apologies if this is the wrong thread MODS. If so, kindly move…

Dont panic! Carry on paying who you have been, then you're not in breach of your initial agreement through the DMC (one hopes, if they had any ). No new payments until you know more, and who the hell is getting what. Have you sent for the statement of accounts from the DMC? I would seriously think about losing the DMC, it appears they aint really helping or addressing situations, hence the Monument / Cabot saga. If it were me, I would get the statement and info from the DMC and go from there. Do you have many creditors being dealt with via the DMC?

Can they do that> When an agreed payment term has been reached?

LOL! V. Good. I put money on it, that it doesnt remain funny for long

But how the hell do they progress this without any correspondance. They have to call to at least verify whether this person lives at this address or not dont they? Especially when theyre gettting returned mail informing them that the person doesnt.

Jees, these guys dont hang about, Lol. Recieved another letter (unopened) from Cabot today. Only 5 days after the first. Returned the first yesterday, so have to wait and see. Probably a knock on the door next.

All a bit confusing and lax if you ask me. You really need to wait for the statement of accounts from your DMC, this will shine light on who's been paid what and when, then you can organise yourself regarding addressing the debts and to whom you need to be in correspondance with. Until you have this, you dont know whats going on. Nice to hear that they'll do the requests now!!! Are you contracted to your DMC? If not, get the statement of accounts and terminate your relationship. You cant be any worse off. Who agreed £1 pm payment terms? I would'nt suggest paying out two amounts to Monument and Cabot until this is rectified. You may be admitting liability to both. Not sure on that one, but worth caution.

Im going to return as not known for now. let the B*****s work for their money, (if they are entitled). Until they address it correctly, I cant see how Im liable. Will keep you updated.

I dont want to assume, but it SEEMS that a certain DMC MAY not have been paying Monument correctly, as agreed. In my expreience, when you enter into a voluntary arrangement with a creditor, they agree it too, and are bound by that agreement for a set period at least. It seems funny that Monument would have sold the account on if they were recieving funds from you via the "DMC". Unless you defaulted on the agreement through the DMC. Get the statement of accounts from your DMC and definatley send a S.A.R - (Subject Access Request) to Monument. Good luck

I'd also get the SAR off to Monument if your continuing to pay them.

My reports pretty clean. no links to anything untoward. Surely they would have done it if they could?

hope that shines some light

Im no expert on many issues in this forum, but DMC's I know a little about. I would suggest, prior to sending anything to Cabot and cancelling your DMC, i would ask said DMC for a statement of accounts, detailing the deals they agreed on your behalf, the amounts theyve paid and when and to who. Then I would SAR Monument and see where this debt is and who's been cashing the cheques if its sold to Cabot? Sounds like someone could have been very naughty.

I'd ask for a copy of The DMC's terms and conditions you signed first. Do you pay them a % of your outgoings as admin charges or something along those lines?? For a full list of your creditors, i recommend signing up to a CRA (eg experian) (if the DMC will not provide when you decide to leave them, if you decide of course), this will show you who's owed what and where your at with it all, together with addresses etc. then you need to do what your DMC has done and re-contact them detailing you will be handling your finances and start the process again. After SRA and CCA'ing them all first. Thats my advice, but im sure they'll be others along with more to offer.

Hi Becky, Just a thought. I dont know what debt Mgmt company you are using, but in my experience, the things they do (and usually charge for) you can do yourself. Being on this forum is a great start, and there is plenty of help available. I'd be suprised if they have you in a contract too?? It maybe wise to consider cancelling this and deal direct with your creditors, following the invaluable advice on here. And your probably right, thery're not doing jack s**t. Mine didnt, they even cost me more in the end.

Keep them coming......

Again, many thanks for the advice. One question that keeps coming to my mind is "why has no-one registered this debt on my CRA file?" Surley they would have done this, if only to "incentivise" me to address the situation. they had threatened it.

Me too louiboy, however, as far as im concerned where getting ahead of the game here. I dont think im coming across correctly. What your'e all saying re: the CCA and SRA's is correct, and will happen should they be on my case. However, at this stage, they are not, and i dont want them to be! They are pursuing a different surnamed individual, as far as i am concerned. Albeit at my address, for a possible loan that MAY have been PG'd, (something i would not be aware of, not opening any of this incorrect mail). My questions at this stage are, Until they have the correct details, and address the mail correctly, and I recieve, then surely this is not moving forwards by any standard. In the eyes of any court, would / could I be held accountable for correspondace not directly addressed to me? How am I supposed to know the contents of these letters and demands when Im not legally entitled to open these letters in the first place? To be honest, i dont after the very first one.

LOL, cheers mate.