Would you enter the appeal online or in the post ?

Finally got a response with Popla code, was a bit annoyed that the response letter was dated 26th, but took a week for it to arrive, but hey ho. Now to submit my appeal. PE did respond

Letter sent, lets see what they say this time. Thank you

Well this has got a little strange. Had a letter back from PE, not rejecting my appeal but says : And no POPLA code provided, and giving me another 14 days to respond. I'm tempted to write back, stating that it is up to them to provide evidence that the car was actually parked. The also sent the standard letter, separately, that they need only provide a business justification and not a GPEOL. Any views on this ?

yes, it came within 6 days.

I've worded this letter, anyone recommend any changes :

clarification

I've just got a parking invoice from Parking Eye for parking in a paid carpark for 2 hrs 30 minutes. The car park was £1 for 2 hours in a Morrisons carpark, but it took 31 minutes to get parked , anyway just off to appeal this when I noticed something strange, the name of the invoice is missing the last letters of my name, ie instead of "Annie Barbara Clarke" it says "Annie Barbara Clar", am I obliged to respond to this or is there a better way to handle this ? As a side note, there was no parking ticket issued by any parking attendants, so I am not sure how this can be enforced ?

Well, This was part of a whole batch of loans / cards / etc...., I wrote to them all and some could not provide the details of the loans, where as others could provide the agreements, but it was all a mess. In the end I tried to negotiate with all of them, offering 20p in the pound to clear the debts, otherwise my partner would go bankrupt, they all flatly refused to negotiate and subsequently she went bankrupt. She has now passed out of bankruptcy where none of the debts were repaid and no money was recovered by the Insolvency service. About M&S, they were one of the most difficult to deal with and argued that they wanted full repayment, but as my partner went bankrupt, it never got that far. Thanks to all those who helped, and as my partner was on a low income with tax credits and children in a council house, going bankrupt was the best thing she ever did. S.

Shadow, Perfect! Thank you

Sounds strange but I think i'm starting to follow how all this works now..... I have a Cap One debt which is being pursued by Bryan Carter (DCA) whih I have been paying at £1 per month. I posted a CCA request to Carter in early August and they replied middle October stating they are unable to provide the information and returned my £1. If I want, I can request the documentation direct from Cap One. But I MUST continue to maintain payments as agreed. I am about to fire a letter off to Carter stating they have failed to comply with my CCA request under s78 of the Consumer Credit Act and to cease all communication with me. I suspect this will force Carter to return the file to Cap One. Should I : Send the letter to Carter and then do nothing ? Send the letter to Carter and CCA Cap One ? Don't send the letter to Carter and CCA Cap One ? Send a Dispute to Carter ? Am I also right in thinking a DCA has to comply with a CCA request in the same way as a creditor ? Thanks, S.

Enron, Thank you for your post, it is very enlightening. Ok, i've not heard anything more from AIC/APEX. But I did fire a CCA to RBS(Mint), which in hindsight it would have been better for me to go back through AIC/APEX with your comments. Anyway, when I sent the letter to RBS I specifically stated "I enclose a postal order in the sum of £1.00, which is the statuatory fee. Note that these funds are not to be used for any other purpose". Their response : Thank you for your letter dates 28th September 2009, whih was received into this office on 01 October 2009. Your written request for information made under s78(1) of the Consumer Credit Act must be accompanied by payment of a fee of £1, which we have received and has been applied to your account accordingly .We are obliged to provide you with a 'true' copy of the credit agreement and a statement of financial information relating to the account, namely, the state of the account, amount currently due, with amounts and due dates of future payments that still require to be made. In terms of CCA copy document regulations, the 'true' copy requirement can be satisfied by providing a copy agreement at the date the card agreement was made and providing that plus a copy of the current terms of the card agreement. I have enclosed the s78(1) information. With regard to your request for a 'statement of account', I have enclosed the most recent statement for the above account. Should you require duplicate statements of your account prior to this date, please contact me accordingly and I will advise you of the cost for these. I can confirm that your account has not been sold. My questions now are : 1. The agreement is dated Jan 2003, but I can find no record of any payments being made and the account appears (from my Credit report) to have gone into default on December 2004. If no payments have been made since December 2004, does the debt meet the statute of limitations in December 2010 if no payments are applied to the account in 6 years ? 2. There have been payments of £1 a month paid to AIC/APEX, but these do not seem to appear on the account or listed on the credit file? 3. Enclosed with the letter was : A Photocopy of the Application form signed and dated in 2003 by me, stamped by RBS Advanta. It does not detail any Credit Limit and it does not show any Interest Rate. The Photocopied Terms and Conditions state at the top "Credit Agreement Regulated by the Consumer Credit Act 1974", however in a box below it is detailed "This is a copy of your agreement for you to keep. It includes a notice about your cancellation rights which you should read". Does this constitute the correct Terms and Conditions they should have provided, as they do not appear to be those as required by the CCA 1974 ? The quality of the photocopy of the Application Form and T&C's are of a much different quality. A letter that seems to be the one provided when a card is issued, as it details "I am pleased to enclose your replacement MINT credit card......", this is not dated. However it is attached to "Credit Card Agreement regulated by the CCA 1974". A copy of their General Conditions Statement of account Any ideas on which way to go ? Thanks, S.

Update : As expected I have received a letter from M&S Money stating dated 8th October 2009 : 1. M&S Money believes the copy agreement (application form) posted to me is a legally enforcable document. As such they refute all my allegations. 2. The application and agreement form are one and the same. The prescribed terms under section 61(1)(a) are included in the documentation provided. 3. As such the required documents have been posted, the account is not in dispute, as such normal collections activity will continue. 4. Due to the nature of my query, M&S strongly recommend I seek immedidate independent legal advice regarding the validity of my complaint. 5. If they do not hear anything in 8 week, they will consider the matter resolved. ================= 2nd letter dated 10th October 2009 : The Arrangement for reduced payments (I have been paying £1 a month on this for years) has now expired. If I am unable to increase my payment, please provide details of any other balanaces from creditors I have (there are a lot). Please also provide proof of monthly income. This must be received within 10 days of the receipt of this letter (it only arrived on the 17th although the letter is dated 10th!) ===================== My questions, other than the usual what do I do next ? 1. My copy of the credit agreement, does not have a signature from any M&S representitive, just a date stamp in the signature box. Does this mean the agreement is not signed by the creditor and as such non-enforcable ? 2. There is still no credit limit stated, only a request for a credit limit ? 3. I sent a formal notification of Dispute, they responded on 9th October refuting this. However they have sent a letter above pushing for payment. Does the letter constitute them pursueing the debt whilst in dispute and as such against the terms of the Consumer Credit Act ? S.

Nothing yet, but I plan to keep the forum updated, as I will need the advice.

Hi all, I'm starting to get used to the forums now. Hope someone can confirm my understanding on this. My GF had a Mint card with a debt of about £3k. It has gone into Default and she is paying a £1 month. Now this is where it all gets a bit vague. She thought they has sold the debt to Allied International Credit (UK) Ltd, so we CCA'd them on August 10th 2009. They replied a week later saying they are acting on behalf of Mint and were unable to comply with the CCA request. They gave the address for Mint (RBS) for us to request a CCA. They kept the £1 postal order and said they would refund in 7 days, but never got anything. Now have letter from APEX Credit Management Ltd dated 18/9/09, saying that they have been instructed by their client, I assume AIC, to pursue this. Stating that their Client has been unable to contact us. We have been paying a £1 per month. Therefore I did the following on Monday : 1. Wrote to Mint (RBS) with the CCA request 2. Replied to AIC stating that I have writted to RBS requesting the CCA and that they take no further action. 3. Replied to APEX stating that I have writted to RBS requesting the CCA and that they take no further action. Yesterday I received a letter from APEX, must have crossed in the post, a letter dated 25/9/09 that their client has requested they commence proceedings to recover the debt and I need to contact them within 72 hours. Bearing in mind my letter yesterday, I assume I am covered there. I also reminded APEX that I sent a CCA request to AIC which they rejected and therefore it was clear AIC did not have it, therefore until a CCA is produced APEX should not take any further action. How have I done ? Good or bad ? Thanks, S.

Thank you Silverfox1961, Well, I have replied to them putting it into Dispute for being : 1. Not a True Copy of the Executed Credit Agreement 2. Prescribed details missing 3. No Credit Limit detailed, only a request for Credit Limit Lets see what they come back with. S.

Reading Manxcat's thread, I wonder if I am in the same situation ? I requested a CCA from M&S on the 10th August 2009, and I received a response on 12th September 2009. Can someone take a look and let me know on their validity ? I guess my concerns are : 1. There is no signature from M&S on the Application Form (just a date stamp in the signature field) and no date in the Date field. 2. The T&C don't appear to match up in size to the application form, it could be they are cropped and incomplete. In fact I am wondering why the T&C's appear a little transparant and you can see the reverse, but you can't see the same from the Application side ?!?!? 3. The form clearly states "Application Form", does this mean it can never be an agreement ? 4. There is no Credit Limit detailed, only "Credit Limit Request" 5. It is a poor photocopy and is of poor quality. Here are the Scans : Letter Application Form Terms on reverse of Application Form Many thanks, S.

Diskmandave, havinastella, Thanks for the feedback, as she has only just come clean to me about all this, she is still very much in denial about it all, and is terrified anyone is going to find out from her family. Hence the part of having her name in the paper is what's really frightening her at the moment. At the moment she pays her £1 a month to all these and they haven't pursued it too much, but I know that won't remain the same forever. Is it worth me writing to M&S and stating they have not sent me the CCA and they should stop enforcement for the time being ? And what can I say to Mint (Apex/AIC) to stop them chasing for the moment ? If anything I need a breathing space to explain that Bankruptcy is a good option here. Is it also worth me writing to all the creditors explaining her situation and that Bankruptcy is the ultimate end of all this and as a family friend offering 10p in the pound or less to clear their debts ? Thanks, S.

bump

If Bankruptcy is the only choice, then I am sure it will happen at some point. But this is all about sorting this out, so we can live together, so I would like to consider Bankruptcy as the final option. As for M&S above, here are scans of the response to my CCA, I just want to stop them chasing this for the moment : Letter Application Form Terms on reverse of Application Form How should I respond to them ? Thanls

Hi all, Not sure where to start..... My girlfriend of 4 years has just come clean about the amount of debt she is in, which I was totally unaware of. I won't give you the whole story, but I think it's a common one. She lives on her own and has 2 children, one left home in 20's and the youngest is 14 and lives with his father. She earns about £10k a year and needs that to support herself and look after her son when she has him every week. She has £30k of debt across 11 lenders, all of which she pays a £1 or so a month. She will never ever be able to clear the debt. The debt was acrued trying to support her children whilst growing up and fighting a court case. Truthfully the banks were negligent in ever allowing her to rack up this debt, but that's another story. She has near zero assets and lives in a council house and has a car worth probably £1k. We wrote to all the lenders on the 10th August requesting a copy of the CCA. Here is the current status : M&S Charge Card - 1995 - £1005.87 - Request CCA on 10/8, received 12/9. Photocopy of application form and 1 A4 page of terms on reverse. Looked like a copy of a copy of a copy, etc..... They also provided a seperate copy of their 2008 terms. Question : Is a copy of a copy of a copy of the CCA enforcable ? Rather strangely, where it states "Signed for and on behalf of Marks & Spencer Financial Services Limited", it just has the date stamped on the signature box and the date box is empty. Is this even enforcable ? Cabot Financial on Behalf of MBNA - £4436.98 Cabot Financial on Behalf of Creation Consumer Finance - £3037.64 - Request CCA on 10/8. Letter on 26/8 stating they are having trouble finding the document. Letter on 21/9 stating they cannot find the documents within the relevant time period. They are suspending activity on the account. Question : What do I do now ? Mint (Allied International Credit) - £3416.51 - Wrote to AIC on 10/8, they refused to supply a CCA saying they were acting on behalf of Mint and I had to write to them. AIC has put a DCA (Apex) to recover the money. I have written to Mint requesting the CCA and I am waiting. Question : Will AIC/APEX suspend collection whilst I await the CCA ? Other Lenders - Request CCA on 10/8, no reply whatsoever. I am not wealthy myself, my goal is to reduce all of these debts to as low as possible and then try and clear them myself. Please don't think I am trying to get out all these. Thank you, Sinking.