Wescot have given up, I threatened them with an SAR and it all went quiet for a couple of weeks and now it has been passed to Robinson way debt collectors who i have dealt with before and are easy to get rid of using CCA route.

Bump

I can only assume that as his parents was his previous address that they have got the details from the Halifax. They are phoning them because we are not answering their calls. I have tried the I do not acknowledge debt until you prove it with a copy of the CCA and executed Deed/Notice of assignment but they have completely ignored this and just keep hounding....

Also forgot to mention they have been phoning my husbands parents as we have not taken their calls.

This has now been passed to Wescot who are proving a little tricky to be honest. Does anybody have or can direct me too a decent letter that will get rid of them?

MW2, its all part of the reclaiming bank charges campaign, although it is more difficult to get bank charges back than it was, credit card charges are still easier to reclaim, originally it was when the charges were £25-30 you could claim it all back but recently it was capped to anything ove £12, howver many people have found that they can still get the whole lot back with a bit of perseverance, so any default sums, overlimit charges, late payment fees can be reclaimed. loads of threads on this site, just have a read on what to do.

wrungout, BD is right, get your charges reclaimed and then go for a F&F and if you have charges then your account is already disputed. Using the CCA argument, whether it be non compliant or non existent makes it easier to force a F&F on a DCA, however if your financial circumstances are that bad a DCA has to weigh up whether it is prudent to accept a lump sum now (whatever that may be) or get very little for the next 100 years! Good luck.

It is a compliacted issue, in my case I wanted a quick resolution to accounts that have been in dispute for years. There needs to be a paper trail to show you have attempted to resolve the issues with your creditor an that they are basically refusing to play ball. The letters that The Mould wrote for me make it legally binding on the creditor for a number of reasons. The accounts were disputed due to no CCA, charges etc, there was no resolution in sight, my first F&F was rejected so a counteroffer was made with the all importanat clause 'return cheque if you do not agree to these terms'. If an account is not disputed a creditor may be less likely to agree to settle on 'your' terms and more likely to send you to Court if you are not in Financial difficulty. I would say that if you can use the no CCA or non compliant CCA argument you have more bargaining power, so if they refuse your first offer tell them its that or nothing as they cannot enforce in Court without a CCA. Hope that helps

Hi BR, Im the OP of this thread, notice it has gained some momentum since I last posted. Anyway, in my experience, I have not yet had any one of my debts updated on my credit files to my liking yet and I did all my F&F's in May. In my case, I believe it will take an enormous amount of persistence and possiply court action to get around this and quite frankly Im just not that bothered anymore, don't intend on getting credit ever again if I can help it. However, if you have something in writing from them which states they will update your file and they don't or they don't do it fully or as you expected, follow it up. Send them a letter (DCA and OC) with the copy of your letter from them confirming promise of credit file update and ask them what they propose to do about it and a timescale and if that timescale is not adhered to, threaten them with the data protection act and ICO.

Hi Akamas, with regard to the IRC v Fry case there were a number of differences to what has been advised on here. Firstly, the debt was not disputed and secondly the cheque itself did not say "Full & Final Settlement". I would also say who is ever going to win against the Inland Revenue???

Been reading this thread with interest and am am slowly understanding it. I did a CCA S78 request to my bank and got this reply "A ****account is a current account and these are not regulated by the CCA. Where a current account has an overdraft, then the overdraft element is partially regulated by the CCA. In the case of an overdraft, we must comply with the CCA requirements in relation to taking action for the recovery for the debt, so any notice we serve on a customer must comply with the CCA. However the original agreement to grant an overdraft does not have to meet the formal agreement requirements of the CCA, therefore your request to provide a copy of the credit agreement is not applicable. We therefore return your £1 postal order". However when we opened this account we asked for no overdraft, they just gave us it about a year afterwards and then due to a change in circumstances and lots of bank charges later it stands at over £5k. Went down Hardship route, got nowhere with them or FOS, went down F&F route and they are refusing to accept my payment, so want to get them good and proper on this now, How should I reply to them, I know alot of jdes26 post above will apply, but there doesnt seem to be a template letter anywhere which raises these points? Or could someone point me in the right direction please?

You need to scan or photobucket a copy of the CCA they sent you. that way you will receive relevant advice if the CCA is unenforceable

Cheers JM, have done that previously - but theyv'e just ignored that as well!!

Welcome back the Mould!!!! Hope you have killed off a few more Robots while you've been M.I.A! All quiet from my Creditors apart from Crap 1, but am just ignoring their phone calls.... have totally ignored the fact that my Fathers cheque was in F&F.... Playing the waiting game - unless you can suggest a better option??

Thanks ND, that was my thought process too!

Thanks for your replies, however if it ever got as far as going to Court, I would use a CPR 31.4 request for a copy of the original agreement in its original form along with any default notice and assignment notice - which we haven't had yet. I would tend to agree that if they cannot produce the original agreement in Court with original signatures - then no case surely, how can they get away with making up an agreement and then signing it in front of a judge - surely that is then a new agreement and one that we had never agreed to???

Thanks for the reply. No Creditor signature either - doesnt it have to be signed by both Debtor & Creditor?

Doesnt show repayment schedule either and isnt PT357 court case against EGG cc based on the fact that the prescribed term 'Credit Limit' is exactly that?

Hi Brighthope, A) PART-PAYMENT OF THE DEBT BY A THIRD PARTY A promise to accept a smaller sum in full satisfaction will be binding on a creditor where the part-payment is made by a third party on condition that the debtor is released from the obligation to pay the full amount. See: Hirachand Punamchand v Temple [1911] 2 KB 330 - A father paid a smaller sum to a money lender to pay his son's debts, which the money lender accepted in full settlement. Later the money lender sued for the balance. It was held that the part-payment was valid consideration, and that to allow the moneylender's claim would be a fraud on the father. Hope that helps.

Yes but only if its from her account, personally I would always use someones who is completely sepearate from yourselves.

Brilliant!!! Thanks FTM, good luck with your case.

Hi Panther, thats the point they are acting on behalf of Egg, so if they accept, then EGG does also. FYI, EGG were one of the creditors that returned my cheque, so they do understand the terms of the settlement letter. However, many of the DCA's don't. So Im waiting for it to be sold on again to another DCA and I will send them the F&F.... You can but try if this is the way you want to go.

Hi Johno, still working on it. I am under no illusion that this part at least isn't as easy as wiping the debt if they dont do it automatically... What about you?

Hi ND, Mould has always said that they believe that they actually have to have said I accept your offer to accept it, if you get what I mean and it takes a little time for them to actually realise, thats that, they will bluff and bluster - but what can they do? Legally, the debt no longer exists, added to that a dodgy or non existent CCA. I think its a case of wearing them down, once they realise, your not going to play postal ping pong and pay the balance no matter what they threaten, they will have no choice but to give up. Perhaps as you earlier suggested, write to the CEO of the Companies - it may at least make something happen, or if you want to take Legal action against them then go down that route, but then the onus is on you to prove everything rather than them.... If you were like me and thought once the debt was gone, the credit files would be cleaned up automatically and there would be no more chasing, then I was possibly a little niave to begin with. However, in reality I think the latter takes a little longer. For all my debts, the only ones that are still hassling me are the ones that were still with the OC (only 2), all the ones that were with DCA's, I have heard nothing further, so as far as I am concerned thats it and I am going to write to the CRA's to enlighten them on this saga as they then dispute the info registered and have to take it up with DCA's on my behalf. For OC ones, I will try and shake it up with the CEO to see what they make of it all. Will post up any responses that I get.

Oh they'll accept it alright, but you may still have a fight on your hands to get them to remove the negative info.