Tanks Guys ill give it a go

Both

If Credit cards increase your limit without you knowing does that make them un enforcable ?

Hi Exasp, Having read your response and eamples i feel their may be a case. I originally had a basic bank account. About 4 years later i was alloud a debit card. 4 years after that i added my girlfriend, but when they gave me a debit card I signed a piece of paper stating i agreed to their banking terms (back in 2001) no mention of rates, overdraft, not signed by a member of staff, I am not sure what to do ?

Hi I sent all my creditors letters regarding CCA's last December. most of them have not been able to provide them. Cahoot who took on my Abbeynational Overdraft Debt have finaly sent me a copy of my agreement. However I originally had the account and then added my girlfriend some 8 years Later. They have sent me that contract. My question is 1. Does an overdraft count as a Credit Agreement. 2. Should it be te original documentation or the set when it became a joint?

Oh I dont know how that happend. This new thread is the second letter after my oroginal thread. THey just wont stop harassing me!

Sorry, What is an SRA

Hi 42 Man, I could read your full message as my thread vanished. COuld you re send and shat is an SRA ?

I wrote a thread a while a go regarding Eversheds, They are working on behalf of northern rock. The last letter I got explained they were going to instruct a Debt collector to call at my door. I followed your advice and sent them the letter recommended from the site explaining “the letter was Frivolous and they were fully aware of the valid reasons why no payment had been made etc….” They then sent me a letter offering me a settlement figure for half of the loan. I did not respond and today they have sent a letter saying the offer has been with drawn and now without further notice the will attempt to get a CCJ or pass the account on to a collection agency. I have written a number of times to them and Northern rock explaining the reason the account is in dispute as they have still not provided me with my credit agreement. What can I do Now ?

I wrote a thread a while a go regarding Eversheds, They are working on behalf of northern rock. The last letter I got explained they were going to instruct a Debt collector to call at my door. I followed your advice and sent them the letter recommended from the site explaining “the letter was Frivolous and they were fully aware of the valid reasons why no payment had been made etc….” They then sent me a letter offering me a settlement figure for half of the loan. I did not respond and today they have sent a letter saying the offer has been with drawn and now without further notice the will attempt to get a CCJ or pass the account on to a collection agency. I have written a number of times to them and Northern rock explaining the reason the account is in dispute as they have still not provided me with my credit agreement. What can I do Now ?

Thank you 42 man that makes a lot of sense I will indeed sent thme this letter. They really annoy me with their stupidity. Thanks for the advice

If Northern rock still havent prodused my agreement can the solicitors still chase me ?

Do you know where I will find the template?

I wrote to Northern Rock back in December asking for a copy of my Agreement. I have still not had anything, I then sent them the second letter you recomend stating the account is in dispute. Their solicitors Eversheds started writing to me I sent them all the same Letters i sent Northern rock. Today Eversheds have sent me a letter saying their instructions are now to issue court proceedings or to instruct a local agent to attend my adress to arrange repayment. What should I do ?

Thank you for your advice will do. Cheers

Ok, this was the one I sent them 15 days after they didnt respond to my CCA, so shall I re send it ?

Really? so are they just trying it on hoping that I fold ? Should I sent them anything as today they have sent me a letter asking to agree a payment plan and want a financial statment ?

I have a debt with MBNA who sold it to Link Financial. Back on the 29th December I requested a CCA. After many letters saying we are looking into your complaint all payments are on Hold I finally receive a letter saying they can’t find it. They say that the debt exists and I still have to pay. Please have a look at their response below. Response: Unfortunately at this time we are unable to supply you a copy of your agreement however financial ombudsman service have made it clear that in situations such as this it is not unreasonable for us to continue reporting a default if it is a accurate reflection of how the account has been paid. The information Commissioner’s Office have also made it clear that if a default on a credit file accurately reflects the payments on the account then fourth principle the Data protection act 1998 has been complied with and therefore the continuation of reporting the account is acceptable. They also state the failure of a creditor to produce a copy of the signed agreement is not on its own evidence that your debt does not exist or that it is enforceable and should therefore not appear on your credit file. If the credit grantor can supply some other evidence of the agreement and you have no evidence to contradict this then it is likely to be proper for the debt to continue to be recorded on your credit reference file. Therefore if an agreement is not available it does not meant the account is unenforceable and should be deleted from your credit file? The payments you have made towards your account and offer letter you have sent are proof an agreement exists. What should I do now?

Thank you Bank fodder that does help

Thank you for your advice you have been a real help.

Thank you Landy. I have to admit I was surprised and yet am pleased with the fact that they may well not have a CCA which would be good news. I hope this thread can provide you with some information which will help you.

Oh I see, how long could this go on for ?

I sent out my requests to all of my creditors on the 29th December. 12 Days later I got no reply and then sent them the letter your forum advised me to send stating It was unenforceable until I received this. Its now March and one of the Debt collection agencies have sent me a letter today saying If I have an offer to pay 50% of my debt and they will right the rest off. 1. Does this mean they don’t have it and are trying to get me to pay them something . 2. only 2 of my creditors have sent me my cca's what do I write to the others who haven’t replied ?

The Cash advance is 13K Their total charge for the loan is £3,085.42. But they say the total amount payable is £16,110.42. Which is £25 difference. so the total credit charge for the loan is wrong ?

Can anyone suggest what letter to send now ?