Add me to the list!

Oh, I didn't realise that. Thank you for enlightening me.

Hi Cerberusalert Thank you for your quick response. Unfortunately I might have misled you in the titles of the documents. The Capital One Agreement (the application form) was received only via the SAR request and not via the CCA request. So in effect does the above letter still stand? "In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974." Myra

I wonder if you kind guys and gals out there would help me with what to do next on OH’s behalf. Sent DPA/SAR request to Cap 1 and received the ‘credit card agreement’ along with the ‘terms of cap one credit card agreement’ and ‘copy of agreement’: Cap One Copy of Agreement.pdf (2.31 MB, 0 views) Capital One Agreement.pdf (6.19 MB, 0 views) Terms of Cap One Credit Card Agreement.pdf (651.9 KB, 0 views) I then sent a CCA request to them and have received the following bog standard letter and same ‘terms of cap one credit card agreement’ and ‘copy of agreement’ as above. Cap One Ltr.pdf (750.3 KB, 0 views) Presumably now they are in default of the CCA request I can put the account in dispute. However what I ask is: Is the signed Credit Card Agreement enforceable? Do I send the default letter as it stands or amend it as necessary as I have a copy of the signed agreement from DPA request? As he has paid off more than he has borrowed apart from about £500 which is counteracted by ‘unfair charges’ (the rest of the balance made up of interest) should I add to the default letter that he would like the balance wiped to zero or attach another letter or await response to CCA default letter first before I take matters further? I appreciate the is probably the start of a very long road but I would welcome your advice and input especially as I originally got it the wrong way round by DPA/SAR-ing first and then CCA-ing! Thanks in advance. Myra Cap 1 Loan in default of SAR/CCA request MBNA received SAR but in default of CCA request Barclaycard received SAR (no agreement) in default of CCA request NatWest enforceable agreement but ongoing battle with incomplete info regarding SAR request – ICO informed. Cap One Copy of Agreement.pdf Cap One Ltr.pdf Capital One Agreement.pdf Terms of Cap One Credit Card Agreement.pdf

Cheers. Mx

So to recap: I request missing info from NW as outlined in post 10. I notify TS of 'unfair practices'. And presumably ought to update ICO as to the fact I am still missing relevant info from NW that I asked for in SAR. With respect to other accounts I CCA them - even though I've asked for Agreement in SAR? Thank you again for your input. Mx

Yes, OH's signature removed. No you're not being dense. I've missed loads of things you've pointed out and I've read and reread the darned thing over and over again. The x showing where to sign does not seem to overlap the box - I would have thought it might!

Many thanks for that. NW have been CCA'd and SAR'd and in all 3 copies they have sent me of the above attachments pages 1 & 2 and 7-9 are missing. I shall get on and request them. I would also welcome any comments on the signature box (Fifth page). I have not tampered with that in any way. Does anybody see what I might see?

Oops - wrong way round. There is no creditor's signature on it! Sorry

There is no debtor's signature on it!

Hi Davey77 Thank you so much for your help. I was thinking I was alone and must have read nearly every thread on this site. I've uploaded the NW paperwork/agreement. Any feedback would be welcome from anybody. Mx First_page.pdf Second_page.pdf Third_page.pdf Fourth_page.pdf Fifth_page.pdf

Hi Davey77 Thank you very much for your response. I've just been reading your thread - it seems you've been through, and going through, the mill and for so long! To update you and answer your questions. 2 months after original SAR request to NW received copy statements, T&Cs & Contract/Agreement only. They said they had no correspondence. However as I had written to them (am dealing with everything on OH's behalf although everything goes as if from him) stated that they had not complied with my request. Then received copies of correspondence. They have still not complied because I also asked for details of 3rd parties etc., and so have chased them up for that - still await a response. In that letter I have asked who at NW is dealing with account. Newman's on his back again with threat of doorstep visit so bog off letter sent to them. Luckily they seem to have a very old telephone number and so are unable to contact us by phone. In answer to your questions: Did visit CAB but didn't find them of much help but I will say CCCS were great although I thought we could manage and didn't want to go down DMP route. Haven't contacted TS either. Creditors = 7, total debt approximately £26,000. As I managed to get accounts back on track I didn't CCA them but SAR'd them instead. Cap 1 CC responded with unenforceable agreement (no prescibed terms) and as OH has paid back very slighty less than he borrowed, the amount he owes is therefore purely interest and the penalty charges outweigh the 'slightly less' I have written to them asking if they would write off the debt and reduce balance to zero. That was just under a week ago so not expectng a response yet. Included in the SAR I asked for details regarding his loan with them but no response to that yet. Response to Barclaycard SAR was statements only and 'This information we have enclosed relating to this account is all we have'. He has actually paid off more than he has borrowed so I was thinking of going down the same route as Cap 1. Following the SAR to MBNA I have today received their response which is statements etc and what I am sure is an unenforceable agreement as it is an application form. I haven't calculated what he's borrowed and paid back on that yet or what constistutes as penalty charges. The other CC, loan, overdraft etc. is linked with his business and personal bank account and our joint account so have done nothing about them yet until we put into place other accounts. Our objective is to get out of debt as quickly and 'fairly' as possible. Do you think I am going along the right lines? With regard to NW I have no conscience as they have never actually spoken to OH or contacted him by letter and they passed the debt on prior to the CC payment date, albeit he was behind, but the good news is that they have not added interested. I'll start scanning and see if I can upload the CCA from NW. Any help or advice would be greatly received. Mx

I would be very grateful for your help and advice. I have been lurking on this site for some time now but nobody seems to have had anything like the following experience so your help and advice would very welcome. In November my OH informed me that he had run up unsecured debts of £26,000. We got in touch with CCCS and were going down the DMP route. However I decided (I wonder now if it was against my better judgement) to try and sort these debts out ourselves and so far have kept the wolves at bay apart from NatWest. In all fairness there were some dodgy messages from NatWest that I received on the phone but as ‘I knew’ he didn’t have an account with them I thought they were in the ‘You’ve won a holiday’ league and ignored them and didn’t even tell him about them. Anyway I digress. With the advice of the CCCS he wrote to his creditors the template letter saying that he was having some difficulty paying etc but received no response from NatWest. In the meantime he revealed 2 letters that had previously been written from Triton (I think he was letting me digest things slowly!). He then CCA’d Triton and SAR’d NatWest. At the same time he also wrote another letter to NW asking for confirmation that they had passed this account to Triton. He also enclosed a cheque from myself as a gesture of goodwill. Green and Co then got in touch and he sent them off with a flea in their ear as at that time no CCA received. Incidentally, although this letter was clearly addressed to Green, it was intercepted by Credit Management Services who didn’t know what he was talking about and wanted further information. Well of course they wouldn’t know what he was talking about as he has never had any contact with or from them – so sent them a terse letter and asked them to forward enclosed envelope to Green & Co. NatWest then responded with the CCA, which as it was only taken out in June 07 I presume it is enforceable although I am not certain the signature box has not been tampered with! However it has always been our intention to pay back the debt as best we can. At the same time NW confirmed that the debt had been passed to Triton. He then wrote to Triton stating that if we went down the DMP route they would only get approximately £x a month and it would take approximately 8 years to pay off the loan and offered a F&F settlement of approximately 40% which was slightly more than the amount after 8 years. Within 6 days of NW saying that the debt had been passed to Triton he then received a letter from Newman stating that the account had been passed to them. He responded by saying ‘prove it’. In the meantime no SAR info received from NW and 40 days well and truly passed. He then sent a further letter to NW stating that they had not complied with ‘my’ SAR request (enclosed original request) and gave them a further 7 days or “I would inform the ICO and would consider taking legal action”. Received a letter back asking for £10 and saying “When we have received your payment we will be happy to proceed with your request”. The cheque for £10.00 had already been debited to my account. He therefore wrote to them and informed them of this and also said that he had informed the ICO – which he did. He then said they had 7 days or ‘I’ would seek a Court Order”. In the meantime Newmans seem to have gone quiet as he told them he was awaiting SAR information – but who knows as the letters keep crossing. He has now received a letter saying “I wasn’t aware that you have written before as your original letter was not received” – I have electronic proof of receipt. It also goes on to say “I therefore ask that you cancel your original cheque as it has been lost in the postal system (presumably theirs) and send a new one direct to me”. Then “Once I have received this cheque I will be able to commence your application”. He obviously can and will write back to say that they have already cashed the cheque (which he stated in his letter before and the date on which it was debited). What I am asking is do ‘we’ now go down the road of seeking a Court Order? I really feel that NW are giving him the run-a-round and heaven forbid but I wonder if there is a hidden agenda or are they just totally incompetent?! Sorry it is so longwinded but hopefully you will get the picture and somebody will be able to advise us as to what to do next or what might be coming next.