Can they register a default though without a CCA?

Hi Thank you for your replies. Just to clarify the alleged debt was sold by BC to another party earlier this year who then began pursuit. It is they who have confirmed what we already knew in writing that the CCA could not be produced. We have throughout this process (two and a half years) been in dispute over this with BC and requested the CCA from each and every one of the DCA's they've dispatched after us. We want to ensure that no default is recorded as this account has been in dispute but we don't know where to go from here and want to get this closed off once and for all. So back to my original question: "how do I get this finished properly? Do I contact Barclaycard directly and request that they remove themselves from my credit file or do I contact the credit agencies or both or none of the above?" Thanks again, be interested to know what you think. S

Dear All Looking for some advice on this: Despite numerous requests and assertions that they had Barclaycard have failed to produce the original credit agreement. This finally came to a head when we advised the latest in a long line of DCAs that the CCA Barclaycard claimed to be correct wasn't and why. They then backed off and took the matter up with Barclaycard directly. I have just received a letter from them stating that they had "been advised that it is no longer available". They go on to say they have closed their file and will not be making any further contact. My question is how do I get this finished properly? Do I contact Barclaycard directly and request that they remove themselves from my credit file or do I contact the credit agencies or both? Delighted with the outcome but want closure. Thanks for reading. Skeeks

Hello I bought a pair of shoes from LK Bennett this time 3 years ago as part of a wedding outfit from their brand - they fell apart after just one wear and I brought them back to the shop they came from and they arranged for a new pair to be sent to me from their warehouse if I recall. The replacement pair however weren't cut properly to the extent that when I try to walk in them they simply won't stay on!! Needless to say I brought them straight back to the branch with which I'd been dealing explained the problem and asked for a refund - they flat out refused on the basis that they wouldn't admit they were faulty despite it being visibly obvious. This really annoyed me because the original pair where bought with a dress for a wedding I'd attended - the dress was badly cut - lining not aligned to the outer layer and I spent the entire day needing to fix myself. They said that they only refunded on the dress 'to oblige me' despite them filling out the paperwork detailing and admitting the fault. I was so disgusted at their shoddy customer service that I intended to write to their head office but moved house a few weeks later and completely forgot about the second pair of faulty shoes until finding them just now in a wardrobe clearout. Do I have any recourse given that they were faulty and not fit for purpose - i.e. walking - you simply couldn't!! I've brought them to a cobbler near the store who was shocked when he saw them and gave me the exact measurements of the discrepancy between the 2 shoes. Any advice would be much appreciated (I paid full price and their shoes ain't cheap...)

Hello Cerberusalert, incorporated the 'DCA threatening a doorstep call' element into the end of my 'bemused' letter but it seems to have had little effect... Ought I just re-do it as an independent letter in it's own right & send that along with a copy of my previous letter instead? Thanks for the help btw

Hi well they seem to have completely ignored receiving the bemused letter and have instead churned out a letter a week later advising me of 'Home visit agent instructed' Ought I simply resend them a copy of the bemused letter by special delivery or what should my next move be? How likely are they to turn up on the doorstep? Any advice very much appreciated

Nice turn of phrase will do. S

Hi Cerberusalert thanks for the speedy response - just the generic 'Bemused' letter do you mean & not interlace it with any further reason for the continuing dispute?

Hi this has unfortunately re-surfaced - since being with Calder it's been passed to another DCA to whom a letter of CCA breach was sent, then onto a firm of Solicitors who didn't produce a CCA on request (returned the CCA fee within days via the DCA). That DCA has since continued in it's collection efforts as recently as last month despite having been warned that they were in breach last year. It's now been passed to Apex Credit Management who've now declared there intent to commence formal proceedings on the client's behalf. Just to clarify how should I proceed - do I CCA these too or go straight to the 'bemused as to why you are contacting me...' account in dispute letter or do I simply spell it out for them that not only is the CCA Barclaycard produced not only completely incorrect but alludes to a declined application for the address they attribute it to? I took the precaution of getting & printing a copy of my credit file which bears out that the CCA thus far supplied is incorrect. Could they use their 'Edit' priviliges with the Credit Ref Agencies to 'correct' their error if I were to point out to them exactly why I continue to dispute this? Altogether confusing but I really do need some help please.

Mea culpa! for the duplication - was getting over anxious I guess. Sent those replies off so fingers crossed. Thanks for all your help. S

Hi I hope that wasn't breaking any forum rules... just wasn't sure that I'd posted the original thread in the most expedient place on the forum. Good to know you're looking at both though Let you know how I get on for any others in a similar position. S

Thank you so the speedy reply!! I'll get that off in today's post.

Hello I received an Irish Draft Civil Summons from a firm of solicitors in Ireland on behalf of Bank of Scotland Ireland (who had been retailing as Halifax Ireland & before that as Barclaycard in Ireland). I'd sent a CCA request to the DCA they'd previously engaged last year and all went quiet. What is my position with regard to this firm of solicitors - they did reach me by phone (which I don't know how they got my number a few days ago following up on their initial letter - & once I realised who they were didn't continue the conversation). Since that call this draft civil summons has arrived on Harp headed paper for the district court saying that if I don't pay they'll proceed & if I don't show a judgement will be made against me & costs as well. They mention a judgement mortgage against my home which is here in the UK (which is in negative equity anyway).... I'm very worried - I don't have the money to pay them due to a drastic change in my circumstances. Can I end up with a judgement against me in the Ireland or the UK? How should I approach this - they've given me 7 days to reply which is up today (I only received the letter yesterday 21st). Should I CCA them too (they seem to be more advanced in their recovery proceedings than the DCA or do I simply write to them telling them that I cannot possibly pay / would that undo the CCA dispute I'd put in place? Any help would be much appreciated. Very stressed Skeeks

Hello I received an Irish Draft Civil Summons from a firm of solicitors in Ireland on behalf of Bank of Scotland Ireland (who had been retailing as Halifax Ireland & before that as Barclaycard in Ireland). I'd sent a CCA request to the DCA they'd previously engaged last year and all went quiet. What is my position with regard to this firm of solicitors - they did reach me by phone (which I don't know how they got my number a few days ago following up on their initial letter - & once I realised who they were didn't continue the conversation). Since that call this draft civil summons has arrived on Harp headed paper for the district court saying that if I don't pay they'll proceed & if I don't show a judgement will be made against me & costs as well. They mention a judgement mortgage against my home here in the UK (which is in negative equity anyway).... I'm very worried - I don't have the money to pay them due to a drastic change in my circumstances. Can I end up with a judgement against me in the Ireland or the UK? How should I approach this - they've given me 7 days to reply which is up today (I only received the letter yesterday 21st). Should I CCA them too (they seem to be more advanced in their recovery proceedings than the DCA or do I simply write to them telling them that I cannot possibly pay / would that undo the CCA dispute I'd put in place? Any help would be much appreciated. Very stressed Skeeks

Thank you Shadow.

Anybody please?

Thank you Cerberusalert for the speedy reply

Hello all Can I just ask does an account on which a CCA has been requested enter Dispute? Is it when the Creditor/DCA defaults on the CCA request after the 12+2 days, or when they are 'notified' that they haven't complied within the timelimit? Sorry to be obtuse Appreciate any replies. Skeeks

Just to update: Screenshot from credit ref agency confirms that they used wrong address and I've printed this. They since wrote adamant that they have complied under Section 60 of the Consumer Credit Act 1974 stating that any further correspondance sent by me "Questioning compliance with these areas of law, we are not obliged to respond beyond the statutory response we have already given you. We would require you to provide comprehensive legal and documentary evidence to support your claim to ascertain whether response is necessary." So where do I go from here? Calder Financial have since surfaced who are on the small print at the bottom of their letter Mercers Debt Collectors Ltd trading as Calder Financial... (nicer graphics though ) I've done up the breach of Dispute status to Calders - should I send it to them or get into further correspondance with Barclaycard if anybody has any ideas on how best to proceed please. Any input is really appreciated Skeeks

Thanks - really appreciate your input (It really is like swimming with sharks!) S

So what should my next move be apart from checking the credit files? (apologies for all the questions ) S

With regards to having sent off the dispute letter already what do you think?

Ahh... thanks for clarifying for me

OK - is this anything potentially underhand that I need to be concerned about?

Can I ask what is 'direct edit access'?