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About rustyleaf

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  1. So just to clarify - becasue I just read that back... Is it true that a current account is not regulated by the 1974 CCA. And due to the nature of the agreement the DCA would not need to provide a written agreement? Hope that makes more sense... R
  2. Hello, I have been battling my debtors for about six years now and took the advice of this forum to send out some letters to them all asking for my credit agreement. The majority did not reply within 12 days but did eventually. Moorcroft could not provide the agreement and have stopped hassling me. I have since been contacted by another DCA (Equidebt) asking for the same debt and I sent them a letter from this forum telling them that the account was in dispute and they also stopped hassling me. One debtor Blair Oliver came back with the agreement - it is a loan signed in 2003 so hopefully I can question that using this new ruling...? But the most persistant DCA has been Rockwell aka Fento Cooper aka Phoenix Recoveries aka Tessera aka Fredrickson International. They are collecting on behalf of HSBC. I had a credit card and debit card account with HSBC which defaulted over 5 years ago. I am currently claiming back Bank charges with them and filing for hardship. Most of the current account was bank charges as I used to have an incredible gambling habit that consumed my life. Thankfully I have learnt to tmeper those demons. My question is - if I have a bank account that has been defaulted with HSBC (which had a debit card facility on it) and I send Rockwell (who appear to be the main collector of all of their aliases) a letter asking them for my original agreement and they reply stating that no agreement exists for either the credit card of the bank account, and that because the account relates to a current account it is NOT regulated under the CCA 1974. Are they correct and where would that leave me legally - because they are sending me letters and ringing me far more than they ever used? They have provided a list of bank statements. As I mentioned earlier I am also claiming bank charges on this account? Did I send the wrong letter to them by asking them to provide me with a signed agreement of teh defaulted account? I could not find an answer to this anywhere on the forums but what I have found has helped me so much and help me to stand up to the majority of these bullies. Thank you.
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