You always reclaim from the original creditor, but you CCA whoever has the debt now.

Just so you are aware, a CAG member who has been reclaiming charges against their Citibank credit card had their claim stayed cos of this ongoing case re charges. The District Judge insisted that ALL claims of this kind were being stayed pending an outcome regardless of whether or not it came from a credit card, loan or overdraft. This has not been the understanding of CAG or Martin Lewis on MoneySavingExpert.com Bankfodder and Martin Lewis are currently looking into this situation now and hopefully such stays can be prevented once proper clarification has been received. I think the advice is to carry on as usual though and if there are difficulties report to Bankfodder and post on CAG.

At least things are moving in the right direction. Good to hear.

Will do. Thanks CB x;) Tried to click your scales but it says I have to spread it around first!!!!! :o

Ooooooooh, I'm dealing with Mr Cross too, or P (triangle for middle initial) Cross. He sent me someone else's details on my CCA request. I sent him a stinking letter, asked for an S.A.R and Complaints Procedure and said you still have not complied. That was on the 21st July. Not heard a thing. I know its only been 2 1/2 weeks but they responded last time within 2 weeks with the other chaps application form. So yes, he is a prize numpty by the look of it.

*bump*

Should we now CCA Amex or wait for them to contact us now SRJ have kicked it back to them?

I just knew you were going to say that. My problem is that inactivty scares me, i am way too proactive on anything legal, if its on my desk it needs sorting.

I have been dealing with SRJ who had been instrucetd by Amex to collect a debt of about £700. I CCA'd SRJ in July and this week we got a response saying: " We thank you for your patience while we contacted our client. Unfortunately we have been unable to locate a copy of the original agreement therefore, we confirm that we are no longer instructed in connection with this matter and have closed our file and returned the account to our client" I'm am trying to chalk this up as a success but is it likely that Amex will flog this on to some other DCA? The other thing is, we also SAR'd them. We have received a big envelope containing a number of statements going back to 2002 - not all i don't think - and a letter from a Data Protection Co-ordinator saying: "I have been passed your letter by our correspindence department and understand you wish to exercise your right of Subject Access under s7 DPA. I have enclosed copy statements for you and am able to provide those free of charge as a goodwill gesture. Should you have queries regafding the charges on these statements please do not hesitate to contact us in writing and kindly attach the relevant statements. However, should you require a full disclosure we require you to complete the enclosed form andreturn it to the address above with a fee of £10." Ee did enclose a £10 cheque and they have retunred it to us. The statements show about £140 in late payment charges and over limit fees from £15 - £20 each. There are also intermittent charges for Creditor Premium Insurance and Repayment Protection Plan - neither of which my other half can remember asking for, amd he is very ANTI PPI in any form. What should be my next move? Do we CCA amex directly now or let sleeping dogs lie? If we go ahead with reclaiming what and how should we do? And the PPI? Thanks folks

I have started a new thread to cover SRJ/Amex so I won't repeat all of that here. But, I'm now a bit worried about Fredrickson cos I have heard absolutely nothing from them in relation to my debt with NATWEST and the CCA request I made to them on the 6th July 2007 that was signed for by D Carter on the 10th July. There has been acknowledgement....nothing. Should I be worried and what should i do? It's a lot of money and I do not want to be ambushed by a Stat Demand or anything. Should I wait until they are in criminal default thenm write to them again? Approx what date will that be cos the 12+2+30 takes me to about the 26th August? Thanks folks.

Oh, and just another thing - we recieved a F&F letter from SRJ dated the 7th August 2007 saying that would accept a F&F of the same high amount as before but only if it is paid by......25th July 2007!!!!! How stupid is that???!!!!!!!! Where should I file it? And should i disregard it even though it post dates their other letter?

I have decided to split off each DCA/institution into separate threads cos I think it will be clearer. This one will update our ongoing situation with SRJ/Amex. Now some of you will know that we CCA'd SRJ who were collecting on behalf of Amex on the 9th July. They received it on the 10th July. My hubby had various discussions with them on the phone in the interim (when paying them) and they said they would take a reduced sum in F & F but that sum increased depending upon whom you spoke to. At the beginning of this month - even though they were in default of the CCA request my Hubby rang them to make a payment/offer a reduced F&F sum as they had not come up with the CCA. They would not budge and said they could not send us something they had not got. My hubby responded by saying he would not be making a payment then and he would await the CCA. Well, on the 2nd August SRJ wrote to my hubby, returning the £1 PO saying: "We thank you for your patience while we contacted our client. Unfortunately, we have been unable to locate a copy of the original agreement therefore, we confirm that we are no longer instructed in connection with this matter and have closed our file and returned the account to our client":D Now we are pretty chuffed about that but from experience should we expect Amex to sell it on to someone else now? Or do we put this down as a success? The other thing is we S.A.R'd them and we received the results of that yesterday but we have not had a chance to go through it yet. I will update once I have waded through all of that.

Are they going to contact you by phone or letter? As I said to you on MSE - NEVER speak to them on the phone! I take it you have not heard directly from Robinson Way yet just HSBC? I would wait for them to write to you then get on with doing the above so then you only have to CCA Robinson. You send the S.A.R to HSBC though even if the debt has been sold on.

Then there are two things that you do. First of all send them the CCA request. If they cannot come up with the CCA the debt still exists but is unenforceable until they do. It may mean that you can then negotiate with them a much lesser full and final settlement. Secondly, you can send them an S.A.R - Subject Access Request which costs £10 (via PO recommended). This means they have to send to you full details of all the action on your account incl charges incurred, how and when etc. You can then decide how much you are going to claim back from them. The S.A.R does not affect your CCA request as far as I know. HTH

You really need to set up your own thread and then someone will be along to help you.;-)

Welcome Archangel. As you can see Robinson Way have been bothering a good many people on here and one them will be onto help you in a minute or two I suspect. Good Luck with it. I shall leave you in their capable hands now.

Good luck with it. I think the letters it provides are great for this situation. Hope it goes well for you.

Come on don't keep it to yourselves...but if its the fishing one....that was soooooo funny, first time i've tittered all day!!

I've pm'ed you!

I'm a member on another site - MSE - and I have pm'ed Martin Lewis about this issue this am. He has asked me to clarify if the DJ just imposed this stay in you or did he do it on application from MBNA? I got the distinct impression that he imposed it - am i right? As soon as I hear anything I shall get back to you - i have only sought clarification and asked him to add it to the ongoing issues that require further consultation on. I think you should pm a mod and ask them to set up a sticky on the main board about this so that more people can see that there may be a problem and actually clarify how many times this is happening.

You can now stop paying. yu can write to them if you wish pointing out they are in default, but if I were you I would wait until the 30 days is up (on top of the 12+2) cos by then they will have committed a summary criminal offence and you will have more power to your hand. Oh, and the timelimit for S.A.R is 40 days (not working ones). The CCA is the first thing to concentrate on at the mo. If they send you anything then post it (edited of course) so that we can see if it contains all the prescribed terms. No CCA - No enforceable agreement. You need only rely on the S.A.R if they do come up with an enforceable CCA cos then you would be looking at reducing the sum owed.

Debt Factsheets - Mortgage Shortfalls look at the final paragraph in "How long can I be pursued for the debt?" and then read onto the next few paras. It goes on to provide template letters for you to cover this exact situation. HTH

If the mortgagee is a member of the council of mortgage lenders then it is 6 years notwithstanding the Limitation Act saying 12. BUT they can just write to you at 5 years 364 days and say they will be pursuing you for the shortfall etc and then they have the next 6 years up to the 12 year limit. If youhave not heard anything from them in the 6 years after the repossession/sale of the property then you should be OK cos you should then complain to the FOS. The banks and building Societies rely on people not knowing of the CML guidelines. I shall try and find the reference and post it when I have found it.

Or was it a pig in a poke?!!!

well, if ever there was a bunch of smegheads......!!!!