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Everything posted by NandJ

  1. Today I received a copy of my CCA, unfortunately it all looks in order so not much to do there. More worringly ARC have stated in the covering letter that now they have supplied me with the CCA they require full payment within 10 days. Can they really demand this of me, I'd rather continue with my measly monthly instalments..
  2. Excellent, I'll notify my bank and shaft the ARC losers. Out of curiosity, does anyone have a link to a letter that I can send to ARC informing them that they've failed to provide the CCA in the given time, and I'm now disputing the debt?
  3. Update: The end of the 12+2 days period is looming and I'm formulating a letter to dispute the debt if they fail to provide the CCA, I'm right in thinking this is the way to go? I presume I'm well within my rights to demand ARC stop taking payments from my debit card until they provide me with the CCA? If they carried on taking money would this be construed as theft??
  4. Thank you for all the advice. I'll keep quiet and hope the filthy lot don't track me down!
  5. Good point. I've moved quite a few times since Mercers were threatening me. Still not sure if I should contact them now and dispute the debt to try and clear my report..
  6. Thanks for the reply. Any idea why i haven't been contacted since 2005? Is it simply a case of them not having my address? I wouldn't want to write to them asking for the cca only for them to provide it and get me in more trouble as they'd know where i live..
  7. Hi guys. In June 2005 Barclaycard placed a default notice on my report for an unpaid credit card bill. If memory serves me correctly I remember receiving demands for payment up until that point but stupidly I ignored them. I haven't heard from Mercers or Barclaycard since and I was wondering what I could do about the default notice. Other than contacting them and trying to reach a settlement figure (which I really don't want to do!) is my only option to wait it out for another 3 years until the default drops off? All advice appreciated.
  8. NandJ

    Pickle V Egg

    Excellent, good news.
  9. NandJ

    Pickle V Egg

    Have you heard anything further pickle from ARC or Egg? I'm quite intrigued as to your situation as I'm just starting out on a similar path and it would be interesting to see your outcome...
  10. I've sent a request through to ARC for the CCA. I've been trying to find a template of a letter on the forums to send to them if they fail to provide the agreement within the 12 day period, can anyone point one out? Thank you.
  11. Sorry babybear, not sure what F+F means? According to my credit report the default was registered in Oct 2004 which gives it another two years to run. I'm tempted to reach a settlement with these clowns as having the default on my report as showing outstanding is causing havoc with my application for a loan which my partner and I are desperately trying to secure I just hope having it showed as 'settled' will make things a little bit easier..
  12. Grrr..just been speaking to the people at Lowell and they've refused to remove the default notice placed on my report in 2004 even if I settle the account with them. Their excuse was it is against the law and Data Protection blah blah, all they can do is tell experian to mark the debt as 'settled'. So frustrating! How does having a default marked as 'settled' affect your report in comparison to having it outstanding? I'm trying to apply for a loan but am getting nowhere with this thing on my report!
  13. Ok I'll draw up a CCA letter to them. Out of curiosity, if a DCA places a default notice on your credit profile, how do you go about getting them to remove it??!
  14. Sorry to re-post, but I fear I might have been forgotten... Anyone have an idea on which letter I should send to these guys?
  15. Thanks questioning, I'll be sure to use that address. Anyone have an idea on which letter I should send to these guys?
  16. Nope, not secured, it was an unsecured loan that went to DCA ARC.
  17. Should I cease payments until they're able to provide me with the agreement? I presume I should include in the letter that I am not going to pay them until they do!
  18. In early 2006 I received rather threatening phone calls from the lovely people at ARC demanding repayment of an Egg loan I had secured a few years earlier. I agreed with ARC a repayment schedule and since March 2006 I have been paying back a tidy sum each month. I'm wondering now, after reading the success some people have been having with DCAs, is there a way I can get these morons off my case?? Is writing to them and asking for a CCA the way to go after almost 2 1/2 years of repaying? Many thanks for your comments.
  19. Ok. So am I right in assuming my only way forward from here is to try and see if the debt is indeed statute barred? If not then I presume I'm just going to have to pay it off...grr I think the letter below should do the trick, without the bit in red? Dear Sir/Madam Acc/Ref No 4563210025897412 You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves. We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”. The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed. The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”. We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter. We look forward to your reply. Yours faithfully Mr A N Other
  20. Thank you to all your replies, very informative indeed. I see in hindsight I should not have started repayments back in August of last year but instead tried to find out if the debt was statute barred. Regarding letter 'M' in the templates, given the fact that I have indeed been making payments, 11 now all together I believe, will this not remove the statute bar from the debt as I have acknowledged it and begun repayments? Very interesting link on the experian site Rory. Point 11 seems to state lenders are only allowed to file a default notice once payments have been missed for more than 6 months. However I couldn't quite see anything that says the default must be filed within a certain time frame...unless I'm reading it wrong? I'm still not quite sure where to go from here. All advice is greatly apprecaited.
  21. Thanks for the reply Rory,. What does statute barred mean? Nope, I made no contact or attempt to repay the debt between 2001 and 2007 or made any contact with HSBC or Lowell in that time. Thinking about it now however, the last time I spoke to HSBC about the account must have been in late 2002/early 03 when I visited a branch and they told me the account had been closed and been passed to the their debt collectors. How do I check how long it has been?! My credit report states that Lowell issued the default in 2004.. In regards to the debt being an overdraft, apologises Rory but I got a bit lost in the legal stuf you mentioned! Should I still draft the letter using the standard template on this site? Thanks.
  22. In August 2007 I received a letter from these chumps asking for repayment of a debt they had bought from HSBC for an unpaid overdraft of an account I held back back around 2001. I knew I owed the money so began a payment schedule and have been paying just £20 a month till now. I've been trying to secure a loan but am having problems due to the default notice played on my profile in 2004 by these guys, so I gave them a call to see if they'd be willing to settle the debt for a lower figure than what was owed, hoping this would then repair my credit profile. They agreed to wipe a few hundred pounds of the debt and I'm due to pay the sum in a few weeks. However after doing some research I've learnt that paying off the debt might not remove the default notice from my account, which puts me back to square one. I've read some of the threads about Lowell and they sound dodgy to say the least.... I'm in the process of drafting a CCA letter to them, but seeing as how I've been paying them till now do I have a leg to stand on in challenging the debt? Even if I was to pay them the amount, what are the chances they would remove the default notice from my profile, and not just change it to satisified? I understand some people have been having difficulties sending Lowell recorded letters due to them having a PO box address; is the Enterprise House, 1 Apex view address working ok? Many thanks for your help, all suggestions are greatly appreciated.
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