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belleofstmark

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About belleofstmark

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  1. Hi HeroPanda, I'm in a similar situation to what you were in with MH. Old default on the account from 2009 and struggling to get a mortgage. I'm curious what your progress was with this debt / getting the default satisfied or removed and how did it afftect your mortgage applications? Cheers, BM
  2. Hi, Could someone take a quick look at my RBS Advanta / Mint agreement and advise if it is enforceable? Scan210016edit on Flickr - Photo Sharing! They also send separately T&Cs
  3. What they've sent is like a transcript of what the alleged form might have been, for example there are pieces of text that say "check box" next to options for PPI etc. Unless they provide the original document with your signature on it, how are you supposed to verify if it was properly executed? I understand that they can block out their own signatures - but I don't see how what they have sent could be considered to have complied with the Act? Any legal insights?
  4. Evening All! I have requested a true copy of any agreement under CCA74 from the Halifax. They have sent me a a bunch of documents, the covering letter of which states; "the information we have provided you with is all the information we are required to provide you with Under Section 78 of the Consumer Credit Act. Please also note that we are not required to provide a copy of the original signed agreement under section 78 of the Consumer Credit Act" Is there any truth in this? anybody else received this kind of response from DCAs or original creditors? What's the next step from her
  5. Thanks guys, it's good to hear both sides. I feel like they are two separate issues. In fact - if the debt is unenforceable, the charges are even more illegal! Has anybody had experience of getting both from a creditor or experience of having problems taking this approach? Scott - your approach does seem the more moderate approach - have you seen any cases where this notion of "false enrichment" has been suggested by the court and what happened? Thanks
  6. Hi all, A few years ago me and my other half got into some serious debt - and fell into the cycle of living on credit cards. We share a similar stort with a lot of people from around this time, where the CC companies would just keep increasing the limits and we stupidly used them up and we ended up owing over £100,000 on credit cards and loans (all unsecured debts). Thankfully, a friend switched me onto the CCS and we have got down to about £60,000 over the last 4 years. Initially going on their plan and then going independent. I've just started investigating (and some action) re:
  7. Thanks Palomino - i'm starting to gather that it might be....! Could I still use the same approach (and form) to get a court order for them to comply with my request? I understand that with a CCA the time limit for the DCA to comply is actually 12 working days and seeing as we're now at 3 months they are well in default. Just not sure what my next steps should be - i see two options (maybe there are more - or these are wrong??) 1. Sit tight, saving the money that I usually send to them, in case they come up with the alleged agreement - wait for the debt to become statute b
  8. Hi - sorry for the confusion - the letter that I sent to Blair Oliver Scott was a CCA request for the original agreement, not a Subject Access Request. Request was sent in October, they have still not complied, once they had not replied for 40 days I ceased my payments to them. It is now close to 3 months since my request. Yesterday I sent them a letter to say that I consider the account to be in dispute and that they should comply with my CCA request within 7 days. I also mentioned that as they are in default of CCA74 77(4): "(4) If the creditor under an agreement fails to comply
  9. Thanks for your help - I sent a Subject Access Request to Thesis and they have sent illegible copies of the alleged agreement. Is this considered a breach of CCA 1974 77(1) - or does the request for the original agreement have to be "labelled" as such? i.e. do you have to write in your letter a reference to the CCA? Thanks
  10. Hi all, Initially I've got myself a little mixed up with these two actions that can be taken against a creditor. Now I have it clear(er) - i think! So can a failure to respond sufficiently to a Data Subject Access Request be classed as a breach of CCA1974 77(1) / 78(1) - i.e. does the same time limit (40 days) apply to this and if they fail to provide they are no longer entitled to enforce the agreement under 77(4) / 78(4)? Thanks for your help..
  11. Can a failure to respond to a DSAR also be considered a breach of CCA1974 77(1) / 78(1)?
  12. Thanks - will check this out.... I've also sent a letter saying that the account is in dispute, due to their non-compliance.
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