We paid in cash.

Got a receipt??

That's another seasonal classic!

I must put this to another user. I have lost the users id, but i'd love him to knock up one of his fine video spoofs to Provident.

More later when i find him

First things first.

How did you pay?

• If by cheque stop the cheque
  

• If by Debit card speak with bank
  

• If by C/ Card speak with issuer
  

• If by cash, did you get receipt?
  

Not 100% sure, but with last two i think you have a small period of grace

Good. Don't hold your breath. Ball's now in their court.

Love the Christmas Offer headline on the letter, do as suggested and send them a christmas card with a cca request included:D

Make sure you use this christmas card!

http://www.code-d.com/tesco-cards/tesco-value-merry-christmas.pdf

Love the line on "sincerity guaranteed"

What were DCA chasing you for?

Wescot - Percy Street, Hull. And a bunch of lily livered twerps they are too.

What's up?

The truth is probably somewhere closer to the fact that they are on the rocks, or their directors want to take cash out fast before offloading the biz.

And i imagine that 75% could be wittled down to 50%, however i'd trump all that with a CCA request.

I quote PT from thread no. 9

"if we look at your point about having 5 months to produce the cca. well so what, that is irrelevent as if the do produce it in court, youre screwed royally and you will be held liable for their costs as well"

So what if CapQuest dug out some rag tag piece of paper and claimed it was the CCA, how would the following response stand the ultimate test if the CCA they sent at the time did not have all of the required content?

"Thank you for sending me what you have confirmed to be a true copy of the credit agreement that exists in relation to this account. As you have sent this document in response to my requests under Section 78 (1) of the consumer credit act 1974, then this statement by you is now binding on you as per section 172 of the Act".

Or are my words here nonsense?

post here when you have scanned in

likewise i'd defer to PT's guidance, however, the thought of CapQuest passing me onto their much feared 'pre-litigation' dogs would fill me with a big urge to yawn.

Local trading standards at the offices of your local authority / council will also help you

The following two resource should help you too:

1. Your rights - Online shopping and mail order problems - Your rights - Which? Advice
   
2. Copied the following in from 'consumer direct' website .......
   

When to cancel You can cancel at any time until:

• The end of the seventh working day after the day on which you receive your goods; or
  
• The end of the seventh working day after the day on which the trader agreed to go ahead with the service.
  

But please note that you might lose your right to cancel once the service has started.

You also have a further three months to cancel if you were not given all the necessary written information. If the trader gives you this information late - but still before the three months are up - you will have seven days to cancel from the day you receive that information.

How to cancel

To cancel your order, you must tell the seller in writing - by letter, fax or e-mail. If sending a letter, send the letter by registered post, so you can prove that you sent it and track its progress.

Refunds after cancelling

If you have already paid for the goods or services, the seller must refund your money within 30 days of you cancelling the agreement.

If you have paid for the goods by a credit agreement suggested or organised by the seller, the agreement will be automatically cancelled

When you can't cancel

Please note that there are circumstances when you cannot cancel unless the trader has given you a specific contractual right to do so.

These are if:

• The trader has already started to provide the service within the cancellation period and you have agreed to this. You must have been told in writing - before the supplier agreed to carry out the service - that you would then lose your right to cancel.
  
• You had the goods made to your specifications or personalised.
  
• The items are likely to go off or deteriorate quickly, such as flowers or fresh foods.
  
• The goods by their nature cannot be returned.
  
• You have opened sealed software, CDs, DVDs etc.
  
• They are newspapers, periodicals or magazines.
  
• You bought betting, gaming or lottery services.
  
• The price is dependent on fluctuations in the financial market.
  
• Goods are clearly personalised
  

Desparately need some help!

 

Currently I have two defaults (MBNA Credit card and EGG Loan) with Lowell Financial Ltd.

 

After reading all your assuring/helping posts, I build up the confidence in me, I went ahead and requested CCA for both defaults. I received one for MBNA but not for the other. Now they are telling me to pay both in full otherwise they would like to proceed with court action. I received this in October 08.

 

I am working but absolutely poor(very embarrassing and partly to blame these creditors) and I cannot even dream about paying that in full (£7k-MBNA+£3k-EGG). I'm not sure whether they can do that or not.

 

Technically, for EGG they posing a criminal offence and for MBNA, (I presume) they could take me to court. However I am paid+paying the minimum agreed amount of £70/mth without any miss.

 

I would appreciate any of your help.

Thanks

Hi RightsNLaw

You say MBNA HAVE sent you a copy of your CCA and Egg HAVEN'T

Therefore I wouldn't worry about Egg today, tomorrow, or until they produce what you have asked for.

Let's look at MBNA. You say they have sent you a copy of the CCA, but before we get too excited with that, you need to be satisfied that it is what it puports to be.

• How old was the MBNA credit card?
  
• Can you say what has been sent (does it look like your original application form perhaps?)
  
• Is your signature on it?
  

Answer these q's, then also perhaps put a copy of what they have sent you, and pop it into PhotoBucket (AFTER removing any personal details !)

Finally. You need to know that Lowells are what their name implies - Lowest of the Low. Take their threats with pinch of salt, but DO keep their paperwork

As for Egg. You are way off worrying about that one, as there has been no compliance with your request SO THEY ARE THE ONES WHO ARE MAKING A CRIMINAL OFFENCE. You have no offences against you. You are acting well within the law, your rights and within reason.

Best, Vex

They are F.O.S.

Ignore that 'invitation' to get sucked in.

They have no right to information that you will not have built up or considered using at this stage.

Silver said it - they are fishing. Avoid the bait

http://i390.photobucket.com/albums/oo347/allanblue/scan0006.jpg

Here is a copy of the back age to the CCA. I know the amended rate was added after becasue of the discussion with the bank operator at the time. I have not signed the change. However, I appriciate that my memory wil probbly mean nothing.

 

[EDIT ] PERSONAL DETAILS LEFT ON THE IMAGE

Here is a copy of the front page of the CCA.

 

Both look just as bad as they do in the copy I recieve d in the post. You will see that the the letter T on the initials is crossed at the top and not in the middle like the original one on the fornt page. The B is also missing a flick half way down.

 

Thanks

 

Allan.

Allan

The first image that you have posted on photobucket is very small and I can't see any detail. I understand that yiou say the quality is bad. Can you re-post?

Best not to deal with matters by PM, although Paul certainly has experienced this situation. This site works by people sharing info on the threads so everyone benefits.

 

I'll move this thread to the debt forum where you'll doubtless get help.

Hi Caro

I took the inference that the user who started this thread with only his second post (AllanBlue) may not be too savvy with navigating this site, hence a PM to Paul to bring him into the thread. PM'ing is, as you say, not very helpful vis a vis people learning, so you are right.

Cheers, Vex

Hi wee andz

Can i urge you to be cautious

If you are seeking a credit report because you are experiencing difficulties, you should be aware that the likes of Experian sell your details onto debt collection agencies.

I think it acts as a flag to Experian like "Hey this guy thinks he's in trouble, so lets see which of the DCA's have an open or pending enquiry with this chap"

I, together with some other users of this site, have found out that some creditors manage to find out your most recent details (most recent mobile, email address, home address etc), which I, and others have worked out, were only supplied in full to the likes of Experian. Too much of a coincidence for the companies that I was experiencing difficulty with to have found out ALL of my current contact details.

Like i say, just be cautious.

Hi Alan

You may wish to seek out a send a private message to Paul Wilton (his avatar is Hong Kong phoeey) - user name paulwlton He has a personal special interest in recreated agreements, and i know that he has sought advice from his local constabulary in respect of forged / ammended agreements.

That may help, but i would suggest that you get a copy of the alleged CCA up onto Photobucket so that we can see it, BUT be sure to remove any personal details and amounts of money to be sure of confidentiality.

Thanks, Vex

Hi

 

Thanks for the replies.

 

Im struggling to work out the difference between a CCA request and an Subject Access Request.

 

If i have sent an Subject Access Request then do i still need to send a CCA? If so why send an Subject Access Request as a CCA is cheaper.

 

What they sent me is a letter saying the credit limit & balance etc and then a paragraph saying this is all they need to send me and they dont need to send a copy of my original agreement. Then what look like terms and conditions but newly typed on fresh paper. Not copies of the agreements i signed. It looks like they may have also sent typed up versions of the old t&c's but again they are not copies. There are no statements or lists of charges and no copy of the original CCA.

 

Do i wait 40 days or 12+2 days to send out a no compliance letter? Whenever a payment is even a day later i start getting automated telephone calls from them many times a day every day and am tempted to wait until after xmas. I dont want them ringing xmas day.

• A request for CCA is a specific request for a copy of the Consumer Credit Agreement. It asks for nothing else. They can bleat all they like about what they are and aren't obliged to send you, but i can tell you that you need to start taking the content of their letters with a pinch of salt. If they have a proper copy of a CCA, then they will not mess around - they will send it. Most likely (i'd put money on it) they ain't got one, and hence you will see all of the squirming and nonsense from them because of it.
  

• An SAR request is simply a request saying "give me a copy of every single record that you have on me". It certainly does imply that they should send a copy of a CCA (if it exists) as well as EVERYTHING else (it is quite a long list) but what an SAR does not do is tell them what you will do if they don't produce it.
  

Usually you would CCA them first, the SAR them, but it doesn't matter if you have done it the other way around.

You point about waiting 40 OR 12+2 days....

• 40 days relates to an SAR request.
  
• 12+2 days is all they have to comply with CCA request.
  

and lastly your point about enforcement.....

• If they don't respond to SAR request, then you complain to the Information Commissioners Office. DO NOT worry about this yet.
  
• If you do not get a true signed copy of the CCA, then do nothing. Ignore everything they send thereafter. They will be breaking the law, as this is a criminal act.
  

Hope what i have added here helps

A good old Subject Access request under the data protection act would clarify the accuracy of the records they seem to be relying on to judge your attendance record. I doubt that the records will be at hand or complete though.

I'm not sure if the Health care Commission will have a point of view on the practices' methods of managing your care and appointments, but that would only be after contacting their snr partner + practice manager first

Just some ideas

HBOS

Delinquent in their choice, allocation and management of assets, delinquent in their operations.

Not sure what scanner and what scanner utilities you have.

Try scanning one at a time.

I think from what you have said that you are pretty safe, but seing the docs would help us

Thanks, Vex

Hi HH

I suspect that what has happened is that the only signature you have ever put down on paper is the one you popped onto the Application Form. I'll find the relevant wording after i have posted this, but a signed Application form does not constitute a credit agreement, and in short, without a properly signed credit agreement (signed by you & Halifax) containing all of the prescribed terms, all other required terms and statutory notices as defined in section 61(1) of CCA 1974 and subsequent statutory instruments.

And failure to give you one with all of the above makes in unenforceable in law

When you signed your application for, that is precisely what it was - just an application for credit.

Like many other companies, Halifax appear not to have required you to sign a separate agreement AFTER accepting your signed application. As you ( + lots of others) were possibly unaware of the Consumer Credit Act then, you would have been under the assumption that all was in place.

My view (like another Cagger that i have read from, a long time in the past) is that Halifax knew that once the card dropped on your doormat, you would have gone on your merry way and spent, then paid, then spent, then paid etc etc and spared no attention to the interest rate and other boring small print.

Right now, the credit card co's and banks are ruing the day they ever conducted their business this way.

Having said that, if you could take all of the private details off of the documents that they claim is the agreement, and post the photobucket link here, i'll take a olook for you

Halifax WERE calling me 2 to 3 times a day up to about 1 week ago. (they were doing it for about three weeks) I knew it was them before i answered as their number shows up - 0203 1034000.

I only ever gave them the pleasure of a/ listening to my radio - LOUDLY or b/ responding in Pidgen english and then introducing them to my radio

Then they gave up, and a little light in my day has now gone.