! So is this a good result even though it is turning an unsecured debt into a secured one? Is there any way I can contest the CO?

Hi All Been a while since I have posted as I have been managing my debt issues quite well. However, one of my debts (£6000) was a joint bank account which I have not managed to deal with as effectively. I enetered into a Tomlin Order after their solicitors offered this and at the time I could manage the payment of £62 a month but after being made redundant I have struggled to pay it. I have managed to locate my ex partner who is working full time and could possibly pay the order but apparently I have to take him to court independently. Anyway, This morning after having asked the court to ammend the payment to £5 a month. The following letter arrived stating: It is ordered that the stay is lifted leave is granted to apply for judgement judgememtnis entered to the value of £6k ish the defendant pays the app costs of £85 the defendents app to pay by instalments is refused to allow claimant to seek the secure of the debt by way of charging order. the court notes that if granted the claimant has indicated they would be happy to accept monthly payments of £5 and not enforce the chrge so long as payments were being made. So please offer any opinions on this as I havent got this far before. I have just read sequenci's sticky on charging orders but am a tad baffled ! sorry:???: any advice would be appreciated. Thanks Blossom

Hi and thanks for responses! My plan of action is to write to them (on behalf of my fella) and advise that I will only deal with them if they deal with each account separately. Is there anything else that you think I may add to the letter. I want them to know I mean business. I'm getting used to my own DMP now after 2 years but hadn't come across HSBC tactics before. Cheers in advance Blossom x

Dear All Im after some advice from those more in the know as I havent come across such an issue before!!! My boyfriend has recently followed my lead and cca'd all creditors.....He has had mixed results but we have a problem with cumulative HSBC credit. He has 2 loans.......and 1 overdraft. The bank have written advising that they do not have a signed credit agreement for one of his loans. (approx £3000) ..the other two accounts seem legitimate to pursue in court if he doesnt pay. He wants to enter into a self administered DMP....as I have done. However he doesnt want to enter into a DMP for the other loan until he gets in a stronger position to enter a full and final further down the line. Anyway.....to the point....HSBC have sent all debts to Metropolitan.....they have duly responded by amalgamating all of the debts under one reference and have asked that he enters an arrangement with them to pay 1 payment to all.....Today he has received a letter asking for a monthly payment towards the debt....they havent said anything about freezing interest etc on his overdraft..... Can they do this???? surely they should treat all accounts separately.....??? Im stuck! I look forward to a response from my fellow caggers!

FAB RESPONSE! I will crack on and sort it out for him. I look forward to their response.....yep and they are muppetts!!!!

Hi all Blossom here.....working well on my own debt management with the worthy advice of the caggers but have stumbled across a new one that has stumped me... I'm sort of steering my pal through this CCA minefield at the moment after he was the unfortunate victim of one of these debt management companies who wanted to fleece him themselves and take him for thousands.....whilst masquerading as his champion....anyway....the dilemma is as follows: CCA request sent to MBNA.......with obligatory £1 postal order.....was signed for in office but then was duly paid towards his outstanding credit card debt......approx £2000.. They then responded to letter to advise that they were unable to continue with his cca request as they did not have the £1 fee to process the request......(although it is as plain as day on his credit card statement) So What to do now......how do we broach this situation...... They seem like a bunch of idiots!!! personally my first dealings with them......as mine were all with other creditors so this move is a new one on me...... look forward to a positive response 8-)

Hi all Its been a while since my last post. I have been managing quite nicely to manage my debt til thius week and need some guidance from the more knowledgable! I have 2 account with Nat West. Ciurrent Accounts. 1 with my ex and one an old student account. I have been prepared to pay my own off but they refused to freeze the interest despite several letters. I also sent them a CCA request for the overdraft limit to which they said thw CCA did not apply to this account although that is questionable on many of these threads. Anyway my ex (who left owing me £20,000) is named on one of the accounts and by principal I refuse to pay anything unless they badger him too. I have given them his last know address and work address to chase him too. Anyway this morning I had a letter with an agreement number statuing that they want payment in full (this is for both accounts together) Can they do this? They do not differentiate between the 2 accounts and also they say that there will be substantial costs and their client has instructed them to take appropriate legal action. So do i write to them advising that I have offered to pay but the interest has not been frozen. Do I ask why they are coming after me for all of it and not my ex. TBQH i would prefer to go to court and argue my case as I consider it wrong that they are only chasing me (merely as they have my address) There has to be some justice in this world! Oh and if anyone knows anything about HMCOL? small claims on line. Can i have a summons sent to my ex's workplace as he has moved 3 times in 8 months to avoid getting any of this hassle? A long shot but just wondered! Any advice would be great! Thanks all! ;-)

I didnt keep the envelope but Im learning. I sent a dispute letter to barclaycard though on March 21st 2010. so surely Mercers shouldnt have issued a default on this account? So I am assumin I clould argue that they remove it.... after they receive the letter I have just composed!!!

Thanks for quick response again cerberusalert! Just been through all documentation. The default was sent April 6th 2010. Bcard have sent the same letter this week that I had in Feb 2009. I am confident that there is no cca too.... I will send them the letter. Thanks

Hi All...Sorry been a while I havent had access to a scanner but would really appreciate advice on the following. There have been a few developments Mercers contacted me on April 6th as stated above with a default notice stating Default notice under section 87(i) of the CCAct 1974 They procedded to state that they act as agents etc and that i was behind with payments. They then said that I shoudl pay minimum payment by 23rd April 2010. then they contimued to state what action can be taken against me etc. On may 5th I received a 2nd letter from Mercers stating that they will pass my account to a local debt collector who may call at home for full repayment. Apprently they are confident that we can resolve the problem. On May 27th I received a letter from Barclaycard referring to Section 78 of the CCA 1974. They have stated that they must supply me with a copy of my executed agreement and a statement of account which is practicable to refer (blah blah blah!) They then stated Please note a copy of your current Barclaycard Credit Agreement will be sent under separate cover. Withn ref to CPR we have provided you with sufficient info to allow you to understand our position. The CPR does not confer an automatic entitlement to documents before proceedings start. CPR 31.16 provides that a party may apply to the court for pre-action disclosure in certain ltd circumstances, which do not apply here. The application must be supported by evidence and the usual order is for the applicant to pay the costs of the application, including the respondents costs, together with the respondents costs of complying with any order that is made as a result CPR 48.1(2) They continue to state they have provided me with the contractual terms under which my financial obligations arise and a statement of account. They then state that if i dont keep up my payments they will register a default against you. Durrrr! havent they already ??? and Mercers??? I thought you could only have 1 default.... they have attached a copy of BC terms and conditions. Now I am presuming they are just trying to confuse me with jargon. I know there wont be an agreement available. the card was over 20years old. So what do I do now???? and who do I respond to....Mercers or Bcard? And who the ek will these local debt collectors be? I have had phone calls from Moorcroft recently but have ignored them or told them that I will only communicate in writing and well this dca is dealing with a RBS card that there was no agreement for....im going to start a new thread for this one I think....but tbqh..its the same sort of situation...So plz help blossom before she hits the blossom hill. lol;)

Hi - yes just checked. It is a default notice.....saying they act as agents for BC.

okidoke! The letter from Mercers does state that I have til 23rd April to make a payment and if i dont they will make a formal demand and they will register with credit reference agencies. Can they still do that if BC already defaulted me......seems a bit odd. But I get your drift I will await the next round. Thanks again cerberusalert......

Hi all- advice needed I have had letters back from all creditors for Tesco. Nat West & Barclaycard Tesco have sent me a letter saying they have fulfilled their side of the bargain by sending me a copy of terms and conditions and also a 'true' copy of what i would have signed at the time. They have advised me to go to CAB as they will pursue the debt if i continue to doubt the veracity of what they have told me so far. blah blah blah...... They do not have a signed copy of the agreement! Nat West have sent me the exact same letter although they could only provide me with a signed application form and of course with totally the wrong name on a further letter stating the card number only and the credit limit. Barclaycard have gone one step further and sent a letter stating they have cancelled my repayment arrangement (the one I had with CCCS) and have now brought in Mercers. Who have started to call. Crikey didnt even understand half the words she said. I advised her I was writing to them and would only communicate in future through written correspondence. She seemed ok with that and hung up. Barclaycard do not have a signed copy of an agreement either. So what do I do now! Please point me in the right direction again folks......Thanx Blossom x

Hi I have sent off account in dispute letters to Barclaycard, Tesco & Nat west. I have also sent of CCA requests to Nat west for 2 bank accounts that I have with them. (They initially refused my offers of payment that I have pro rata'd from using the spreadsheet on Cag) Then 1 week later they said that they would accept the offer. Crikey I wish they would make up their minds! Anyway I have written back to them as they did not state if they would freeze the interest on the account so for another measure I also requested a copy of both accounts CCA with the £1 postal order. I have seen threads where it is stated that cca's dont apply to overdrafts but this doesnt seem very cut and dried. I will keep this threwad updated and would appreciate anyone in the knows input in due course. Thanx

Thanks for the quick response cerberusalert. Mucho appreciated!

Hi all Im taking control of my finances myself after trying with cccs since April 09 and need some advice or a point to the right letters. Last January I sent off CCA requests for 5 of my creditors. Braclaycard, Tesco & Nat west CC came back only with terms and conditions and Tesco and Nat West even had the wrong name in the information they sent. (numpties) Anyway I decided to try the DMP and although it was crippling I managed. However in january this year I split from my partner and have now decided to do it all on my own (dont have his money to rely on anymore). So far I have managed to get all of my other creditors (except for the bank accounts) to accept my offers so I feel a bit more in control than I did before. Anyway to cut to the crunch I now want to dispute the accounts. Where shall I get a letter to do this (considering they sent me the terms and conditions) and not a signed CCA (in any shape or form) I cant seem to find it on here although i have seen it before and I have looked in the letter templates. Please advise asap.....as I need to get letters off today.....as I have received letters saying that they will pass on to DCA's as they are now asking for full balances of the accounts. Thanx in advance- Blossom

subbing ! Great stuff!

Cheers! I already bank elsewhere but will do as you suggest and keep you informed....Thanks again......really appreciate your input....Blossom:D

Thanks for that I will post the CCA's as soon as but with regard to the bank accounts do I get a CCA from them too? Does the same principle apply because it is the bank account overdrafts that are accruing phenomenal interest-more than the monthly payment that CCCS have been dishing out to them anyway

HIya need advice asap...repostinf from other thread as got no feedback. Getting worried big time....the creditors are chomping at the bit! Hi All I have returned to CAG after trying to go along with the CCCS since March 09 and realised I will probably get better results myself. So, In January 2009 I CCA'd my creditors and 3 CC companies sent me photocopies of t&c's and application forms. However when I spoke to CCCS they advised that all would need to go on the plan and despite my arguing that they dont have a signed CCA they basically said well its up to you if you want to go with us (also had very different advice given to me by their advisers- confusing to say the least) So I bit the bullet and proceeded and paid £384 a month. The debt amounted to £36,000. I have noticed a few problems though. Barclays have the largest amount owing with NO CCA and with the other 2 belonging to RBS it seems I could argue the point and reduce the level of debt by £12000 if I was lucky. The other problem I have is that 2 of the creditors arefor Nat West Bank Accounts and after speaking to them today they have stated that the branch still deal with the accounts as I have kept up the payments and so they have no problem with me carrying on paying but they will continue adding interest. I paid in in Dec £48 and they took £52 in charges. I will never clear that debt. The CCCS said well thats what they can do and we dont guarantee that theu wont charge interest. They refused to take them off the plan so I can deal with them direct alas my decision to go it alone. SO PLEASE ADVISE What letters should I send to say I am going it alone? How do I work out the prorata payments? Do I send the letters for not acknowledging the debt based on a CCA request in January 09 or do I CCA again? The 2 Nat West CC's that dont have a copy of a signed agreement were accompanied by a 3rd one which did have a signed agreement. Can they shift payments between cards? Wouldnt surprise me if they could. I understand I have to be quick to learn on this matter but as the New Year didnt start off so good I'm trying to stay positive and just take it ine step at a time. Any good news and advice would be great! Thanks for reading Blossom

Hiya I would be interested to know if they have to supply statements too as I am about to start my ow DMP too. Hope were in the right place

Bump! Any advice would be good Thanks

Hi All I have returned to CAG after trying to go along with the CCCS since March 09 and realised I will probably get better results myself. So, In January 2009 I CCA'd my creditors and 3 CC companies sent me photocopies of t&c's and application forms. However when I spoke to CCCS they advised that all would need to go on the plan and despite my arguing that they dont have a signed CCA they basically said well its up to you if you want to go with us (also had very different advice given to me by their advisers- confusing to say the least) So I bit the bullet and proceeded and paid £384 a month. The debt amounted to £36,000. I have noticed a few problems though. Barclays have the largest amount owing with NO CCA and with the other 2 belonging to RBS it seems I could argue the point and reduce the level of debt by £12000 if I was lucky. The other problem I have is that 2 of the creditors arefor Nat West Bank Accounts and after speaking to them today they have stated that the branch still deal with the accounts as I have kept up the payments and so they have no problem with me carrying on paying but they will continue adding interest. I paid in in Dec £48 and they took £52 in charges. I will never clear that debt. The CCCS said well thats what they can do and we dont guarantee that theu wont charge interest. They refused to take them off the plan so I can deal with them direct alas my decision to go it alone. SO PLEASE ADVISE What letters should I send to say I am going it alone? How do I work out the prorata payments? Do I send the letters for not acknowledging the debt based on a CCA request in January 09 or do I CCA again? The 2 Nat West CC's that dont have a copy of a signed agreement were accompanied by a 3rd one which did have a signed agreement. Can they shift payments between cards? Wouldnt surprise me if they could. I understand I have to be quick to learn on this matter but as the New Year didnt start off so good I'm trying to stay positive and just take it ine step at a time. Any good news and advice would be great! Thanks for reading Blossom

I think we have both learnt recently that our credit reference doesant really matter in the whole scheme of things. I agree with the issue aboiut proving the fraud....so looks like we will go down the unenforceable path. thanks

Thanks I am gonna give it a go on my own and see how I fair.I'll keep the post updated thanx all