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focus243

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Everything posted by focus243

  1. HI No I don't have proof. I have done the prove it letters and no visit letters and see what they come back with and let you know. Many Thanks
  2. Hi The Debts are for goods from Comet, one is 2006 and the other is older. No PPI was taken out, have been paying minimal payments on both until last year and asked C L Finance to write off, they didn't reply but sent the statement four months later showing full amount discounted and balance owing Nil on bothe. Eight months later RW now saying the debt has been assigned to them, I have sent a copy of the statements from CL but they have ignored that and threatening court action and door step visits. Is the prove it later a CCA agreement request?
  3. Hubby had been paying CL Finance for 2 separate debts. He retired last year and we are living on means tested benefits pension credit and housing benefit with no assets, he wrote to all creditors asking for a Token payment to be accepted or write debt off as circumstances wouldn't improve. CL Finance didn't reply and he stopped paying them. About 4 months later CL Fiance sent a statement for both accounts showing the whole amount had been discounted and balance owing Nil. Although nothing in writing confirming they were writing off these debts. He never made any contact or payment again. March this year Robinson Way wrote to say the debt had been assigned to them and to arrange payments. He sent a copy of the statements from CL Finance to Robinson Way showing balance owing nil, they then wrote to say that they would take court action if he didn't contact them. He ignored them and now they have sent a letter saying they will send somebody to the door to visit. We don't know what to do now and certainly don't want a doorstep visit. would the CL Finance statements be reliable in court if robinson way did go to court and can they demand payment when we received statements from C L Fiance to say balance owing Nil. One debt if for under £500 the other £1200.
  4. Vanquis - Harrasment letter sent, they keep phoning saying it is in my contract that I have to provide a telephone number for them to contact me. They refuse to accept my offer and keep banging on charges and interest as well.
  5. I have not paid any payment to Equidebt since Jan 09 when account went into dispute because they could not provide a valid CCA. I have not paid any money, to them or to the OC and just sent the usual Account in Dispute letter and didn't here from them again. However I have recieved a letter today, thanking me for my recent payment to the OC, which has now been credited to my account. Also they said I havn't got an agreed repayment plan with them and to get in touch to arrange one. If I ignore them they may take legal action against me. In future I must send payments to them not the OC. Please can somebody advise me what to do, as I havn't paid anything to them or the OC for nearly 22 months. Should I send account in Dispute letter again, and what about this alleged payment of £14.00 they are saying I paid. Many Thanks
  6. I would ask for the CCA. My OH was paying them and never missed a payment then they asked for it to be increased which he couldn't and they said they would be taking legal action, which they did through Northampton court. He defended the case as he had nothing to lose and they couldn't come up with a CCA. The judge issued a Stay. 6 months later he had a call from DLC saying they were dropping the case.
  7. Hi Lacie Yesterday I received my £1.00 postal order back from DLC as well and they have told me I have to write to EGG for it myself. Focus
  8. No sorry, they are entirely seperate threads one is OT barclaycard/credit solutions. This thread is Barclays personal loan in my name nothing to do with OT.
  9. no it is the exact same debt they sent scotcall to my door on behalf of barclays.
  10. Thanks DX I didn't take out ppi, I have thought about just paying what I have shown I can afford, but they did send an agent to my door when I was out who left a card saying he would be back SOON if I didn't ring the number. I was a bit scared of him coming back so rang him and told him I am dealing with Barclays by letter and waiting for acceptance of my offer, so hopfully he wont come round again. They know I only live in rented property, but worried they might take the car which I brought with the loan. not sure if they are allowed to carry on charging interest on the outstanding balance, but will reclaim if they are in the wrong. Thanks Focus
  11. I have defaulted on a loan with barclays and have written to them and explained my circumstances and includes expenditure and expenses spreadsheet. They have refused my offer which is the most I can afford and will not freeze interest. I have wrote to them twice and they just send a template letter and tick a box saying they will not except my offer and interest will continue to be charged and that I should contact CAB to discuss my financial situation which I have already and they have given advice to offer a payment of a pro rata offer to all creditors. I have told them in my letter that my offer is as advised by CAB but seems to be falling on deaf ears. Help, I dont know what else to do. I havn't phoned them at all and they do not have my phone number so everything has been through letter which is how I would like to keep it.
  12. Hi Backtome I am in the same boat as you I cannot afford to pay my Barclays Loan and have cancelled the D/D, but can't find any address to write and tell them about my situation, I have got into debt trying to pay the loan and now am in a bigger mess. If you do find an address please post up.
  13. Hi DD Unlike Wilko, the T & C's on my CCA are on a completely different peice of paper. It doesn't refer to T & C's being overleaf or on reverse either on mine. Although the front is exactly the same as Wilko's. I think his CCA came direct from Halifax, where mine has been sold on to a DCA, who maybe havn't photocopied it on to the back. Unless it isn't an exact copy of the original agreement, and in court they will pull out a copy with T & C's on the back. Thanks Focus
  14. Thanks Enron I will get a letter off to them. Thanks Focus
  15. Please can somebody advise me, if this is enforceable. The DCA have called numerous times already today it seems to be every hour. Thanks Focus
  16. Hi The T & C's are not showing on the reverse of what they have sent me. They have sent them on a seperate peices of paper. Do you think the original document would have them on the back?
  17. I have received a reply from my letter, to a DCA stating that the CCA was enforceable. They sent the attachment below with a pile of statments and T and C's Image hosting, free photo sharing & video sharing at Photobucket I sent them a letter saying not enforceable under Section 61 of the Consumer Credit Act 1974 and is therefore unenforceable by virtue of Section 127 of the act. (as advised on here) and this is what they have sent me back Dear Focus I, with respect refer you to Section 61 of the consumer Credit Act, which deals with the "signing of document" and states "A regulated agreement is not properly executed unless a) A document in the prescribed form itself containing all the presribed terms and conforming to the regulations (Consumer Credit(Agreement) Regulations 1983) under section60(1) is signed in the prescribed manner both by the debtor... b)The document embodies all the terms of lthe agreement, other than the implied terms..." Please be advised that the word "embodies" does not mean "contain". The word "embody" (in contrast to "contain" which is set out is subsection (a) of section 61) means that the document need not set out all the terms itself, but may refer to another document setting out the terms under section 189(4). In this instance on the application form it is clear that the Terms and Conditions are mentioned in the Declaration box and therefore you are incorrect in stating that the agreement is breech of section61 and therefore unenforceable by virture of Section 127 of the act. As a result the information we have provided to ou clearly complies with section 78 of the Consumer Credit Act 1974. With regards to your subject notice under section of the Data Protection Act 1998 (DPA) section10(1) of the DPA states "subject ot subsection (2) an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing or processing for a specified purpose or in a speicfied manner, any personal date in respect of which he is the date subject, on the gound, for specified reason- a) the processing of those data or theri processing for that purpose or in that manner is causing or is likely to cause substantial damage or substatial distress to him or to another, and b) that damage or distres is or would be unwarranted." Section 10(2) of the DPA states: "Subsection (1) sowa not apply a) in a case where any of the conditions in paragraphs 1 to 4 of Schedule 2 is met, or b) in such other cases as may be prescribed by the Sectetary of State by order" I refer your attention to paragraphs 1 to 4 of the DPA, which states Conditions Relevant for purposes of the First Pinciple: Processing of any Personal Data 1) The data subject has given his consent to the processing 2) The processing is necessary a. For the performance of a contract to which the data subject is party, or b. For taking steps at the request of the data subject with a view to entering into a contract 3)The processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract 4) The processing in order to protect the bital interests of the data subject" You will notice that section 10(2)(a) of the DPA the words "any of the conditions" and paragraph 1 and 2 of Schedule 2 of the DPA are entirely relevant to your case, As you signed a credit ageement which has been assigned to cabot, of which the terms we are entitled to enforce, section 10(1) of the DPA does not apply to your circumstances. I trust I have set out our position clearly. Yours Cabot I have not got a scanner so I hope this is okay and can somebody give me advice, what I should do next please. They keep ringing several times a day, every day, but I have not spoken to them. Thanks Focus
  18. Thanks Boss-Man, I hope it works for me too.
  19. I am still a bit confused, I have been advised to send the reply thanking the DCA for a copy of my credit agreement,yet it doesn't have prescribed terms, or the OC signature, or any account number that they are referring to, it does also say THE DETAILS PRINTED BELOW WERE PROVIDED BY YOU AS PART OF YOUR APPLICATION. PLEASE CHECK TO ENSURE WE HAVE RECORDED YOUR INFORMATION CORRECTLY THEN SIGN IN THE SPACE INDICATED AND RETURN IN THE FREEPOST ENVELOPE. As I applied online is this an application form rather than a CCA agreement as shown in post 1. If anybody could confirm that I am sending the correct letter back I would be grateful.
  20. Thanks Havinastella, your advice is appreciated.
  21. Hi havinastella Does this means, if I don't start making payment they will take me to court and win and can make it enforceable.
  22. As I have signed in the box under sign here only if you wish to be bound by the terms and conditions, does this mean it is enforceable, even if there are no terms or conditions on the page that I have signed?
  23. I am a bit confused, sorry, are you saying they have met the CCA requirement?
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