Hi, I was telling my friend this afternoon about all the good advice I have had off this forum so she told me a problem she had to see if anyone could advise. Basically her husband had a really well paid job so about 2 yrs ago he borrowed £30,000 from their mortgage company for home improvements. He then lost his job last year and fell behind with payments and nearly lost their home but luckily he got another job just before they went to court, although only low wage, so the judge decided they could stay in their home and reduced the mortgage payments. She said 2 wks ago they got a phone call from link financial saying they had taken over the £30,000 debt so she done an expenditure form and they asked for £60 a month, they said that would leave them with practically nothing over so would they accept £40 but he got quite nasty and said they could be really brutal and force sale of the house to get money back.....she is worried sick as they have children and dont have much money as it is.

Thanks! I did come to a payment arrangement the other day to pay £7.50 per week, but I am annoyed as I feel if the warranty I bought was a credit agreement then I was mislead. To be honest I dont understand how it could be on credit, as at that time I found it impossible to obtain credit! Shall I cancel the standing order payments and cca them instead or carry on with the payments?

I wanted to know as I have a default that I have only just discovered after buying my credit report and it was issued in march 2002. I rand the DCA straight away to find out what it was (another thread) and now I`m wondering if I had not rang them would it just have disappeared off my credit report in March 08 anyway?

Just wondering if they are enforcable after a certain time?

They said there was a default notice issued in march 2002 from scottish power and when they bought the debt the default automatically changed over to their name. I had moved by then and so was not aware I had a default from them. I did explain that I had moved and so was unaware but they were not interested. They said they can offer me a discount to settle (the debt is only for £170) but they will not remove the default until the end of the 6 yr period which will be this march.

Anyone? I am just about to write them an email and i would really appreiciate some advice please.

I have recieved nothing from aktiv kapital. I only found out I had a default 2 weeks ago when I got my credit file, I had no idea what it was for (from 2002 at an old address) so I gave them a call. It had been passed on to them from scottish power for a warranty that I had purchased, when I moved house I gave the appliance to a relative and cancelled the Direct debit for the warranty thinking it would end....I had no idea the warranty had been financed, I thought it was just pay each month till you no longer needed it

I have a default from aktiv kapital. They say they do not have a copy of my credit agreement, only a copy of the original default notice. Are they able to enforce the debt with no credit agreement? And from what I have been reading through on these forums, has the original creditor broken the data protection act for passing my details on to a 3rd party without a credit agreement......is this correct?

Thanks!

Can you tell me a bit about your case please? Pm me if you prefer

No I am going to ring my insurer anyway for proof they have sent breakdown out to me

I dont have a scanner to do that. I used my friends to do the other page earlier.

I have just checked my insurance policy and I insured the car on the day I picked it up the 4th of the month, and the person signing the agreement has dated the 5th so I have drove the car away on the day before they signed the agreement!

no date anywhere else on agreement exept by sales person signature.

Oh and after the date of the signature on behalf of welcome it says: (which shall be the date of the agreement)

yes it is dated and is the final signature on the agreement. There is no date by my so called signatures!

I dont know who`s signature it is, but yes I think it may have been the salesperson there was no one else there.

Yes, there was no one from welcome there when I signed only the car sales person

There are 4 boxes signed. 1. consumer credit act sign to be legally bound 2. signature for shortfall ins 3/ hire purchase agreement sign to be legally bound 4. signed for and on behalf of welcome No mention on this page of apr or costs

I am going to get all this in the post tomorrow and get the ball rolling! Do you think I have a good case?

Yes its on a seperate piece of paper and it is not my signature, very similar but I know its not mine!

I know they said they would refund me the money for repairs if I sent the receipt in, I did but guess what they never got it! I have learned since then and sent letters rec del

TBH I was not really disputing my agreement more the fact that they want me to pay over 12k for a car that has been used for approx 3months out of 18 because of the constant faults. I have proof of all the times it has been in and out of the garages the only proof I dont have is when it went back to the original garage 3 times in the first 6 months, because that garage has ceased trading.

Yes I`ve just done one, I`ll post tomorrow. What do you think of the agreement?

Oh thats not on the bottom its on a seperate sheet of paper. Why is that part important?