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Everything posted by Secretjay

  1. Hi cowbrain, I'm new to this and know nothing about court cases, maybe a more knowledgeable member will come along and be able to help. Secretjay
  2. Hi not sure what to do now, should I just way until they contact me again or send another letter asking for a legible agreement. Any thoughts? Thanks
  3. Thanks for the reply Pinky, I'm wondering what to do now. The balance on the account is £650, I've added up the charges which come to approx £270. Could I reclaim the charges back to reduce the balance? and if so would this be to Capital One? although Cabot now own it. At the same time should I send the dispute letter to Cabot and stop paying until they send me a properly executed agreement. Thanks in advance.
  4. Hi, thanks pt. Yes, that's the only form I filled out when I applied for the credit card. I posted it to them but on the Security Form (2nd attachment, post #1) they have ticked 'Face to Face'. I don't ever remember being sent an agreement.
  5. Hi, My Sainsburys credit card debt (originally opened in year 2003) was sold to Intrum Justitia in Jan 09. In Feb 09 I requested my cca from Intrum Justitia. I received an application form - I believe it's a microfiche copy. I couldn't read it properly & so sent off a letter stating it was illegible and asked if they would send a legible agreement. Their reply in June 09 was 'I can confirm that as this account relates to revolving credit, the information supplied is sufficient in accordance with Section 77 (1) of the Consumer Credit Act. However, if you believe that this information is untrue and you are not the liable party, please provide evidence as such so we may investigate further on your behalf.' I never replied to it and haven't heard anything since, but I'm wondering what, if anything I should do now I've attached the application form, the second attachment was on the back of the application form. Any advice/comments much appreciated. http://i853.photobucket.com/albums/ab94/Secretjay/scan0005-1.jpg http://i853.photobucket.com/albums/ab94/Secretjay/Copyofscan0006.jpg
  6. Hi, My Capital One credit card debt (originally opened in year 2000) was sold to Cabot in Jan 09. In Feb 09 I requested my cca from Cabot. All I received was an application form, so (as advised in a previous post) I sent off a SAR to see if they would send the original agreement. I received the same application form, terms & conditions (which have 2003 written on them) and sheets with dates when payments etc had been made. I've attached the application form, any advice/comments much appreciated. Thanks http://i853.photobucket.com/albums/ab94/Secretjay/Copyofscan0003.jpg http://i853.photobucket.com/albums/ab94/Secretjay/scan0004.jpg
  7. Hi, Can I ask, if a dca says there is no cca, do you reclaim charges from the original creditor and if successful this will reduce the balance of the debt, then contact the dca again with a low F & F ? Thanks
  8. Thanks guys for the replies. I am very grateful that I have got reduced payments set up. It's just that it's a worry knowing that I'll probably never be able to pay them off. I'm always waiting and wondering what will happen next.
  9. Hi, I contacted the CAB back in 2005 when I had financial difficulties. It took about 6 months but eventually all my creditors accepted reduced payments and stopped adding interest and charges. I have been paying these reduced payments for 4 years now (some are for only £1.00). I don't see me being able to increase my monthly payments in the future or probably ever ( just been given another pay cut at work). But that means I'll be paying them for about 100 years! It's a constant worry in my mind and I don't know what to do for the best. Any advice would be appreciated
  10. Hi supa, had a read of that thread - fantastic, full of info. But I'm confused what to do next. I haven't heard anything from Intrum Justitia since the last letter I received on 19th June 09. I didn't reply to it. I'm worried as to what will happen now. Sjay
  11. Thanks andydd, do you think I should hold off paying them and keep disputing it until they send the original agreement? (although I don't ever remember receiving one)
  12. Hi, I thought I didn't have to do a Subject Access Request as I have all my statements going back to the year 2000. So I went down the CCA request route instead and all I've received back is an application form from Cabot regarding my Capital One card (not all prescribed terms are on it). If I send for a SAR now will they then need to produce the original agreement ? or say if they don't have one? Thanks Sjay
  13. Ok, thanks foolishgirl. I'll post it up over the weekend.
  14. Hi, I'm sure I've read somewhere when you CCA a Credit Card Company that if you receive an application form with all the prescribed terms then it is enforceable as an agreement but it must say on it 'Credit Card Agreement Regulated by the Consumer Credit Act 1974'. The word 'card' is very important. I can't find it now, can anyone say if this is true or not Many thanks
  15. Hi, Received a reply today stating 'I can confirm that as this account relates to revolving credit, the information supplied is sufficient in accordance with Section 77 (1) of the Consumer Credit Act. However, if you believe that this information is untrue and you are not the liable party, please provide evidence as such so we may investigate further on your behalf.' They seemed to have ignored most of the letter I sent regarding it being illegible, not being properly executed as some of the prescribed terms were missing and they haven't confirmed whether they have a true copy of the executed agreement. Will I ignore this letter or sent a reply?? Any thoughts please Thanks Sjay
  16. Thanks very much ida for confirming that, I'll send a complaint off tomorrow. Sjay
  17. Hi, Can anyone tell me if this letter is correct and makes sense. I am trying to make the point of it being illegible and not containing all the prescribed terms as it is just an application form. All the information I have gathered is from this wonderful site. Thanks in advance Sjay Dear Sir / Madam Thank you for your response to my letter dated 2nd February 2009, making a formal request for a true copy of the original agreement for the above account under the Consumer Credit Act 1974 Section 77/78. The document you supplied me is no more than an illegible application form and is such not a satisfactory response to my request. To clarify, The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 SI No 1557 states: Legibility of notices and copy documents and wording of prescribed Forms 2(1). The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the colour of the paper. Notwithstanding the fact that the application form sent is illegible it does not contain the prescribed terms. The required terms are laid out in regulations (SI 1983/1553) and are covered by sections 60 and 61 Consumer Credit Act 1974 To clarify s61(1) states (1)A regulated agreement is not properly executed unless— (a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and (b) the document embodies all the terms of the agreement, other than implied terms, and © The document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible In addition the prescribed terms referred to in section 60 CCA1974 are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are, among other things: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following— 1.Number of repayments; 2.Amount of repayments; 3.Frequency and timing of repayments; 4.Dates of repayments; 5.The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states 127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner). To summarise, it would appear that this illegible application form is unenforceable as it has have been improperly executed. The form does not contain all the prescribed terms set out in the Consumer Credit Act namely, the application does not state the credit limit, the rate of interest, details of any power to vary the agreement or debtors repayment obligations. All this is difficult to determine when referring to your agreement as it is virtually impossible to read. I believe that this application form is improperly executed, and as a consequence is unenforceable as an example see (Wilson v First County Trust CA). I now request (a) that you send me a legible, true copy of the executed agreement as required by the Consumer Credit Act 1974. It would appear to me that sending the correct signed copy (rather than an illegible application form) would clarify matters completely. If you are unable to supply the requested documentation because no such agreement is in existence I require written clarification as such. (b) that you comply with my request within 14 days of the date of this letter. I will not correspond any further with you until I either receive a copy of the required documents as laid down in section 78(1) CCA 74, or clarification that such an agreement doesn’t exist. I trust this outines the situation Yours Faithfully
  18. The finance was originally with Ford Credit. I paid the £20 to (AIC) Allied International Credit. Thank Sjay
  19. Thanks Rooster, that's what I thought it would be but hoped it was different
  20. My sister took finance out for a car back in July 2001 but after 6 months she got into financial difficulties and gave the car back as she couldn't afford the payments. The car was sold at auction but she was told there was an outstanding balance. After many phonecalls & letters she agreed to pay £20 per month to a debt collecting agency in September 2002 (although she had no extra money to pay this) I said I'd pay it for her, which I did until I had money problems myself. I paid a cheque monthly from October 2002 until I stopped in November 2005. My question is, could this be classed as statute barred? I have tried to read up about this on this site and everything I read says if the 'debtor makes a payment or the debtor acknowledges the debt with a letter'. My sister hasn't actually acknowledged the debt since the phonecall in September 2002. It is me that has acknowledged the debt although the debt is nothing to do with me. Any thoughts on this would be much appreciated. Sjay
  21. Hi, Are their any template letters for 'an illegible application form' being sent after a cca request? I can't seem to find any and I'm no good at letter writing. Many thanks Sjay
  22. Hi, I was going to send a letter to Halifax about this 2nd default they've issued but I'm still not sure if they can Default me twice for the same account. Does anybody know if they can? Thanks Sjay
  23. Hi, I received a letter in Feb 09 from Intrum Justitia (IJ) saying my Sainsburys Credit Card debt had been sold to them. I'd never heard of IJ so I cca'd them. I received a reply in April 09 stating they had contacted Sainsburys but were unable to supply me with my agreement and that they would pass the debt back to Sainsburys and that I would hear no more from IJ. On 6th May 09 IJ contacted me again by sending a copy of the application form which was signed by me in April 2003. In their letter they write 'we have enclosed a copy of the credit agreement.' It is a very bad copy, the small words are mostly unreadable. I don't see anywhere the interest rate or anywhere that they have signed although there's alot of numbers and letters at the bottom of the form. Should I just dispute this and pay nothing at all? Any help would be appreciated.
  24. Hi, No, I always send my reduced payment at the end of the month, I haven't missed any. I've received no letters or phonecalls from Halifax in months now until I received this 2nd default notice. Thanks Sjay
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