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  1. Many Thanks 42man. Yes, the CCA template letter I used states that the £1 is to be used only for the CCA. Think they even wrote back saying it was their policy not to accept the £1 but still processed the CCA request, needless to say the response and documentation from them was total rubbish! Thanks again, Boss
  2. Hi All, Just looking for a bit of info regarding Statute Barred status. Say you have a debt that you have made no payment on for over six years, in that period the DCA has chased you with various letters but the only acknowledgment you have made to them in writing is a CCA request and subsequent letter saying that their response and info provided under the CCA was a load of rubbish would the debt be classed as SB as its over six years since any payment was made? Hope that makes it clear Many thanks in advance. Boss
  3. Thanks for the quick reply. I will go in on Monday. If as you say there are highly excessive charges on there do I have any hope of getting them back? Thanks again, Bossman
  4. Hi All, I really need some advice on my account with Welcome Finance as I'm not sure what to do. I took out an unsecured loan with them in December 2007 for £2500.00 over 3 years - so ending in December 2010. I've generally made all the payments on the account having missed about 3 over the whole agreement. My monthly payment was set on the agreement at £110.00 per month. However, to cover the arrears from the 3 missed payments I have since January this year been paying £150.00 per month - £40 extra per month. Now, this is where the problem starts. I have today received a statement from them showing account activity for the last six months. To my shock and horror it still shows a balance outstanding on the loan of nearly £2400.00! Only £100 less than the amount I borrowed three years ago. How can this be? I have a record of all my payments made to the account. I've called and spoken to my account manager who was very vague and asked me to call in and see him to go through it. I really need some advice as to what to do here, surely this cannot be right. Can I take some kind of action against them, can I stop making payments. Any advice would be really appreciated. Many Thanks, Boss-Man
  5. Thanks for that - I will have a read now. Any further comments would be appreciated.
  6. Hi All, I have a long running dispute with a DCA regarding an alleged MBNA credit card account from circa 1998. I've made a number of CCA requests over the past five years on the account and nothing has been provided - not even a response. Now, out of the blue they have started sending documentation through (anything to do with the fact it will become statute barred next year I wonder?). The document they have provided states at the top "Application Form" underneath which it says "credit agreement regulated by the consumer credit act 1974). It then has all basic details on that you would expect for an application form and is signed at the bottom. It doesn't however contain any information relating to the account. There is no credit limit, minimum payment or interest rate on the sheet. Subsequently, they have then provided a second document (which does not form part of and is not in the same section as the application form) which does contain some terms and conditions, it mentions interest rate and minimum payment of either £5.00 or a percentage of the balance. Still no reference to a credit limit though. And thats about it. I just need some advice on whether this agreement would be deemed as a valid CCA or not and how to play it from here. I would upload the document but to be honest its such a bad copy it would be un-readable after scanning! Many thanks in advance
  7. Thanks all for the advice. Just and up date, I will be defending the charging order on the grounds that it will give them an unfair advantage over other unsecured creditors. From research i have done it seems like it is too late to apply for a set aside - which is frustrating as I know for a fact they dont have a valid CCA. Thanks again
  8. Thanks for the advice so far. The judgement was made in 2008 so I think it may well be too late to appeal or get it set aside. My main objective here is to avoid the order. I'll look into the reasons for objecting to a charging order - is it possible to do this using more than one reason - i.e that I dont agree with the judgement been made and they have not provided documentation to provide the debt and also that there would be little advantage in granting the order due to no equity and that any order could prejuidice other creditors? thanks again
  9. Hi All, I really need some advice in relation to a charging order application. I was being chased for an alleged credit card debt by a number of different agents over a period of time (usual scenario it was passed from one to another). Eventually it ended up with CL Finance. This was before I'd found this site and they ended up getting a CCJ by default. They have no valid credit agreement etc for this alleged account. Following this the applied for a charging order against my property. Luckily by then I had found this site and filed a defence against the order being made. They didnt show up at the hearing and the judge considered my defence and subsequently discharged the order. I have since asked CL for valid copies of the agreement etc and have heard nothing at all from them for 12 months. Today, out of the blue I get a letter from the court saying that following their application to the court (which I know nothing about) an interim charging order has been granted with a hearing to take place to next month to determine whether the order be made permanent or discharged. I really need some advice on how to defend this as I really do not want the charging order against my property. I only own interest in half the property and there is little or no equity available to TBH a charging order would be of no benefit to them anyway. Also, can I still apply to have the original judgement set aside as they do not have the correct documentation, and if so would this be worth pursuing and what are the chances of success. Any advice is much appreciated. Thanks in advance,
  10. Hi Gav, Thats what I was thinking of doing as they really dont seem to take any notice of what you put in writing to them anyway, so why waste my time! The bottom line is that what they have is not enforceable so why dont they just give up. At least someone else is in the same situation, makes it a bit easier Cheers Bossman
  11. Hi All, Just and update, I need advice again on this now please. When Cabot provided me with the first set of docs I wrote back saying they were incorrect. They in turn replied with some more documents saying that these were enforceable and legitimate etc (copies of letter and documents have been attaced on previous post). I then wrote back again a second time saying they are not enforceable, and I have received another reply today stating that I am mis-informed and have no grounds to dispute, the docuementation is enforceable and If dont make arrangements to pay they will escalate to the next collection level Where do I go from here, the documentation provided is attached to this thread if anyone needs to look at it, but so far everyone who has says its not enforceable. Do I write back again saying its not, or I just write back saying I am not satisfied with their respones and am now taking further action on this, i.e. trading standards or FOS? It seems its just tit for tat at the moment, eveytime as say its not enforceable they come back and say it is. Thing is they can keep coming back as much as they want I have no intention on backing down on this Any advice would be appreciated.
  12. Hi Guys, Yes, the wording is we will call on xxx between 8am and 9pm. If this is not convenient then please call us. Think its just to make you think they may come round. When will they get it into their head I'm not in the slightest bit frightened by them! Cheers, Bossman
  13. Latest update guys. I have a received a letter telling me they will be calling on me on a certain date between 8am and 9pm! Do you think they will come or is it just a threat to get me to contact them? I cant risk anyone turning up over Christmas due to family being here. Having said that, should they decide to pay me a visit they will be promptly removed from my property by any means required Cheers Bossman
  14. Hi Fred, Not 100% sure, I'll have a look and check it out. Could be another nail in their coffin! Cheers, Bossman
  15. Hi Spidey, Thats if it gets that far, and from reading other posts even if it does they probably wont show if you file a defence. What gets me is why they keep pursuing it when they know its not enforceable and so do does the person they are chasing! If someones gone to the trouble to find out their rights and the details of consumer law on agreements etc then its obvious they know their rights and obvious they are going to defend it until the bitter end, even in court. They must be wasting so much money on these cases! My letter has gone off to them so lets see what happens next. Cheers Bossman
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