After trying for 18 months to get a CCA for a visa account the card issuer I put the account in dispute. Within 2 weeks I received a letter and 3 attached pages claiming that as per Carey v Hsbc this was my reconstituted agreement.I feel that this is not the case as I understand the information on the reconstructed agreement is taken directly from the original. I would appreciate if I could get some comments/views form other posters so that I can reply to the letter. My own comments are: I do not understand the last paragraph in the letter. Page 2 states it is an Application Form not the Agreement and has not got the correct address on the form when the was made. It has an address I lived at 10 years later. Page 3 has sections 4,5,6and 7 at the top of the page, these sections also appear on page2. Also the date at the foot of the page 01/11/81 is not the date I would made the application. Any help appreciated Loring [ATTACH]21519[/ATTACH][ATTACH]21520[/ATTACH][ATTACH]21518[/ATTACH][ATTACH]21517[/ATTACH] The last page gives proscribed terms and other conditions and I have no idea as to which year they actually apply to

HI Blossomandebony Thanks for the info. I have got the lad to put in an appeal based on a) he does not owe then as he was unemployed and b) he never received the court papers. The next problem is how to explain why he did not respond to the tax office who have been writing to him about the assessment for nearly 2 years. Appanently he just threw their letters in the bin and possibly that may be what he done with the court papers. Loring

Hi I am trying to help a friend who has recieved a CCJ for non payment of Income Tax whilst he was unemployed. I don't think he ever responded to any letters and they got a CCJ for £15,000 probably around June 2010. He wants me to assist him in getting the CCJ removed. He has very little paperwork and only discovered he had received a CCJ when a debt management company wrote to him in July. Where on the forum can I find out how to appeal the CCJ and what are the time restrictions for an appeal. I am finding it difficult to find this on the new type forum,there dosn't seem to be a search facility or I have not found it yet. Thanks in advance for any help Loring

Hi Assissan You spot on, start at the top. I wrote to Talk Talk Complaints Manager in the Warrington office, a lady phoned me back and the problem was sorted in 24 hours. I have done this twice now sorted the problem and I am £101 in pocket Loring

Capquest do not supply CCA information and letter of assignment refer me to contact the original creditor. Capquest leave Table '1' search on my credit file to be malicious after default drops off my credit file.

I get confused when I get letters from more than one DCA each claiming the debt has been assigned to them. When I write and ask for a copy of the NOA they write back with words such as " we assure you the debt has been assigned to us " or "trust us we confirm your the debt was transferred to us on...". I don't the words "assure" or "trust" should be accepted from the majority of DCAs we see mentioned in the threads of this forum. When you request DCAs to send a copy of the deed of assignment you get told you are not entitled to that information. I do not believe debtors really have assurance if and how their debts have been assigned to DCA's ie what type of assignment may have taken place and when did the assignment occur. These DCAs often refuse to disclose the infornation a debtor needs to have in his possession in order to make decisions on how to handle his debt issues. It appears the debtor often has to wait until he is in court before he receives the information, sometimes a bit late then. loring

I moved house in April 2010 and it took them 10/11 weeks to transfer my service to my new address. When it was connected I discovered they had put me on a new 18 month contract which gave me a much lesser service than I was on.(they still wanted to charge me the £29.99 transfer fee) I complained to the office in Warrington and eventually got them put me on a 12 month contract, similar to what I previously had and thought that was it. During my 10 week wait I had 4 letters from them but it was only on the 5th I discovered they altered my existing contract without informing me of their intention. They phoned me 2 days ago to tell me I had not paid my bill. I agreed it was not paid as I had not received a bill. The chap asked me to pay £18.92 over the phone with a credit card or he could set up a DD for me on the spot. I refused both his offersand requested he send me a bill that day and I would arrange to make the payment as soon as it was received. He said he would do that but the bill he would be sending would be for around £200, he knew that the amount was not right but said just pay the £18.92 when you get this bill. I told him I thought it would be a better idea if he would send me a bill for the correct amount to avoid any more confusion.Nothing simple of straightforward about the way the conduct business. I have kept copies of the correspondence from them. I am still waiting for the bill. Hope they don't cut me off in the meantime

I moved house in April 2010 and it took them 10/11 weeks to transfer my service to my new address. When it was connected I discovered they had put me on a new 18 month contract which gave me a much lesser service than I was on.(they still wanted to charge me the £29.99 transfer fee) I complained to the office in Warrington and eventually got them put me on a 12 month contract, similar to what I previously had and thought that was it. During my 10 week wait I had 4 letters from them but it was only on the 5th I discovered they altered my existing contract without informing me of their intention. They phoned me 2 days ago to tell me I had not paid my bill. I agreed it was not paid as I had not received a bill. The chap asked me to pay £18.92 over the phone with a credit card or he could set up a DD for me on the spot. I refused both his offersand requested he send me a bill that day and I would arrange to make the payment as soon as it was received. He said he would do that but the bill he would be sending would be for around £200, he knew that the amount was not right but said just pay the £18.92 when you get this bill. I told him I thought it would be a better idea if he would send me a bill for the correct amount to avoid any more confusion.Nothing simple of straightforward about the way the conduct business. I have kept copies of the correspondence from them. I am still waiting for the bill. Hope they don't cut me off in the meantime

Hi Dotty50 I have a copy of the 1998 application form just like yours. I done a CCA request in 2009 and received the same charges that Dolly G got, but the page footer was 20-01-2004. I then sent a SAR and received the same information, the page footer had no date reference but instead had the footer reference " Capital One Confidential". I think they cut and paste from thier document templates and hope you don't question anything they send you, after all they are totally professional and there is no need for you to question anything they send to you. Also my letters from them also state " Please find enckosed your client's ccredit agreement... Just incompetent and should not be in business especially a business which handles finance. Loring

Got the response from Ativ Kapital todayand quote " the original creditor is unable to is unable to provide the information you requested and we will cease all further debt collections whilst we are not in possession of such documents" I expect them to sell it on so I will keep my letter for the next DCA. Loring

Thanks Steven, You have got it right sorry for the confusion. just my confusion loring

Site team Could you please move this threasd to the Debt Collection forum Thank you loring

Hefty Hippo I f you are referring to me I can asure you I am definitly not a troll. I am so wary of trolls that when I posted earlier tonight I had to disguise my posting and did no upload documents as my case might be recognised by a troll. I have very strong views about debt collectors and their likes and I do not believe in understating those views. loring

bump

Hi Cerberusalert Thanks for the reply,you were quick off the mark with your response. Yesterday I sent them a letter with a lot of stuff about Data Protection, the account in dispute getting confirmation the original creditor has the original copies of docs. The bit I did not put in was about not adding interest. Should I send that now seperately. They seem to adding interest at 80% per month for the past 2 monthsmonth loring

I have been paying a DCA a token amount for an account which was defaulted in 2000. I am still paying to date and have no missed payments. In June 2010 I recieve a notice from another DCA offering me "a great offer" to save myself 80% by paying them before the end of the month. I noted they had also added £3000 to the account. I did not take the offer up and I sent them a CCA request for the agreement and the supporting agreement and a request for the notice of assignment from the original creditor to them authorising them to collect. Last week I received a response with a copy of the application form and a long story about how they were in contact with the original creditor in an effort to obtain the remaing documentation. They advised me "they had purchased the rights to recover the outstanding balance due under the original agreement". They have given me 14 days to make proposals to pay them . If I do noy the account will be passed to their collection division for further action. They have added another £5000 to the account. the account was defaulted at £5500. I have written to them again for the notice of assignment and the outstanding documentation From the CCA and for the Default Notice. I have written post this in a manner which should not identify the account. I am 99.99% sure the copy of the agreement they have sent is unenforceable. Could somene advise me as what I should do next, should I wait to see what they send me in reply or shou I write to them and say the acount is unenforceable or I have missed something. loring

HeftyHippo My post has been censured. The last sentence of my post has been removed, it made a very clear statement as to what I think about members accepting advice on the forum from DCA's. I guess if put it that sentence in this post it will be removed again. All I can say is one would be asking to be well and truly stitched by advice given by a DCA. I can perhaps ask you a rhetorical question." Do you think it would be a wise move for a parent to ask a pedophile to babysit their children."

Hi lord tiger putin I received the same message in my e-mail on Saturday afternoon, it appears that some members of CAG who have been regular contributers to to forum have decided to withdraw from the forum, I don't know if they raised their concerns with the site team / forum owners privately, if they did it they obviously must not have been given a satisfactory response to the issues they raised. It is very unfortunate that these seasoned members feel the only option open to them is to withdraw from the forum. I hope the withdrawal is only temporary and the forum can get get back to the task to which it was dedicated ie "giving members advice on how to deal with debt issues, banks and debt collectors and credit reference agencies." Loring

last word on previos post should have read "answer"

On this forum I have received a tremendous insight and help as how to handle my debt problems. Most times I just needed someone to point me to the correct legislation, guideance and to threads where members with similar problems to me shared how they resolved issues effectively. Members who provide and share this type of information generally do so from own experiences. These decent, honest and caring members do so knowing there is no moneatory gain for them. They speak largely from their experiences My advice to new members would be to trawl through the threads on the forum, particularly the success ones. Always remembing to use common sense such and you will usually come to the decision. The question we need to ask ourselves is akin to a question that any parent could ask " Is it wise for me to ask a pedaeophile to babysit my children" I guess 99.999% would come up with the same question Loring

Hi and well done pinky, you have been one busy lady with that lot you cleared.. Would you able to share howI could go about to get rid of "unlawful" probably spiteful credit searche.. My default dropped off about one about a month ago and the DCA who I pay a regular token amount to each month for 6 years with no missed payments has just done a search . Have you a thread that outlines how to go about it. It just annoys me that the DCA done that apparently out of spite. Loring

Yes

Sorry to barge into your thread, I have a simple question in relation to a Credit Card Application form I would wish to query. A box on the application form states : "Once you have signed this agreement you will for a short time have the right to cancel it. Details of how and when you can do this will be sent to you in the post by the bank". Is this a valid way of expressing the right to cancel, it gives no indication how long the period might be and I dont know if they did actually advise me by post. I am looking to see of this application form would be unenforceable. It is goes back to 1998 and the OC has sent me a copy of the terms and conditions which applied at the time (he says). Hope you can advise.

Hi I have a Default Notice issued 19th May 2005 to be rectified by 02 June 2005, which at best would be 10 Days after taking away 4 days 1st Class postage and the May Bank Holiday. I was hoping this was defective but I have read somewhere that prior to 2006 the time allowed for rectification of defaults was only 7 days. Could someone clarify the situation for me. Thanks Loring

Hi cerberusalet I have not disputed the debt. The only grounds I may have to dispute the debt would be that RBS are unable to produce a true copy of the original cca, but from what I have been reading this may not be a worthwhile route to go down as diferent judges in the courts have different views on this subject. loring