TS?

Ok have done all that now any ideas what he can do from here ta

Spose lol which part should I change then please

HAHA sue an unemployed single mother of three??? would love it,wouldnt get much

...I requested a CCA and what came back seemed like a forgery,nothing like my friends sig so I sent a letter saying thanks but this is not Mr ** sig and I am prepared to stand up in a court of law to prove it.Today he received this.... Thank you for writing back to me about your request to provide you with a true copy of your credit agreement. As advised previously we are currently in the process of retrieving a copy of your current agreementfurther to this we sent a copy of the original agreement on 5th Feb 2010. Your account remains defualted and the balance outstanding is £***.49 We have reported non payment to the credit reference agencies as we have a legal obligation to report a true reflection to the way your account is ran. To address the points raised in your letter with regard to the signed original agreement that has been sent to you. Capital One has not reconstituted the original agreement (YEA OK!) (HERES THE FUN PART) The difference between the date the agreement was signed and the signature itself is due to the fact the date has been printed by hand.The differene between the signature on the agreement and referring it to a likeness to the signature you state is due to the fact that you now print your name by hand on any letters sent to us by you (HAHAH) I have checked all correspondance that has been sent to you from Capital One and have been unable to find any evidence that you were informed we do not hold your agreement.As stated above we have advised you we are retrieving your current agreement. You have stated that you are willing to submit the document to a handwriting expert this is a choice you are free to make. It just goes on to say when the agreement was signed and how many years its been used for and at no time has the account holder questioned the validity or enforeability of the agreement. It also says they do not consider the account to be in dispute and the account holder is bound by the T&C. If proceedings were commenced by you on the basis that there is no enforcable agreement we would strongly defend this Any ideas what to send these fools next please

OK ta is there a link to how to do it or do i use template letter and send the tenner with that fanku xx

Ok so had a letter from Moorcraft asking for overdraft back for Abbey (1800 is the od 353.76 is bank charges)Partner lost his job and thats why we got behind but is now working(not a huge wage) and paying off other loans inluding another Abbey od of 300.As overdrafts are not covered by a CCA request is there anything I could send them please thanks for any help xx

dont use ur real name on facebook simple :0)

It was Capital One

My flatmate is going throught the EXACT same thing he has never ever signed a thing fro these fools yet after he sent off for a CCA they sent him back a form with a forged signature. He sent them a letter stating the sig wasnt his and would be prepared to stand up in a court of law to prove so........that was two weeks ago il update once he gets a responce

thanks Dizzy I will do just that thanks for your advice,should I send an account in dispute letter to the solicitors also?? thanks x

Deny receiving what please if u mean the default letter do u mean the one i posted above x

no the loans were signed for in her house in her kitchen to be precise,i can describe it even the front room too,how would i prove it or how now would i follow this solicitors letter xxx

heya i am going to go through the cca tmorw but as far as the loan is concerned i started with provident years ago,then id ring my agent or go to her house and ask for another,she would produce another form,get me to sign it and hand me the money simple as that.had no witness (dunno if ud need one)but went that way for around 6 years

I already did and nobody answered il hae to find to post I write in response to your requset for a copy of your executed agreement and statement of account under section 78 (s7:cool:of the CCA act 1974. You are correct in stating that we do not need to request a signature for your request under S78nof the CCA.However for data protection purposes we request a signature to confirm your identity.As your address matches the one we have on the system I will proceed with your S78 request.. I enclose a scanned copy of your original agreement with Capital One.Please note that this sets out your name and address at the time you entered into your agreement with Cap One.Prior to signature you were provided with a full copy of the terms of your original agreement to keep and were sent a further copy of your original agreement with your credit card. (the application was done online and my partner does not recall signing anything) I also enclose a S78 statement of account which is set out at the end of this letter. We are currently in the process of retrieving a copy of your current terms and conditions and will send this to you shortly. The balance on your account remains due and owing and it is important that you continue to make at least the minimum amount set out in your monthly statements. Failure to maintain payments may result in collections activity and a defualt notice being recorded on your file with the CRA. If you are using or considering using the services of a claim management company we refer you to the warnings issued by the Ministry of Justice with regard to misleading statements issued by some of these firms about their ability to get debts written off. Statement of account Your account is in default and the amount currently due and payable is £960.49,you must continue to make payments on your account. Under section 78 we are not required to provide a copy of the default notice and statement of default. However we can confirm that a statement of default was issued on 8th Decemeber 09. Should you have any queries relating to the enclosed documentation write to the following address blah blah blah Yours sincerely Lauran Tomasik Executive Office

so what does this mean?? I have been told by crap one that my account entered into default in december but i have had no actual defualt notice from them,im a bit blonde and do not understand what it means :grin:

ok have now had a letter from their in house solictors so what next? I did ask for a CCA which they did send but i have not looked at it properly. What should i look out for that would make it not stand up in a court of law. I know people say they wont take you to court but im assuming now the solictors will indeed go and seek a court order then il get those blue forms from the courts,what do i do pleasexxx

Well he got court papers from our local county court so I guess Bryan did it by the book. Friend isnt fighting the payment he will pay it but needs to know if bailiffs will accept installments

Sorry its for a moneyshop loan,friend got paid by cheque at work,cashed the cheque and it bounced.(his ex employer now bank rupt) Bryan Carter got a CCJ which got referred to our local county court at Ashford. Bailiff was due to come last monday,its only 170 but mate who they were after was out of work hence hes not paid (got laid off last september hes a bulider) He actually started work last week but had to do a week in hand then arranged to pay this week,however week in hand was rained off so hes no bloody wage this week. Can he ring and say whats happend and offer weekly payments of say 3*50 and 1*20 after all its not his fault theres no work if its ****ing down.

can they turn down offers of installments??

Fabulous :D

Ta very much,ive dealt with DCA's in the past and have won a few CCA claims all thanks to this site,always heard Provident were scared to take to court because of the huge interest rates and this confirms it. Ta xx:D

I heard that also but what if the DCA they sell the debt to decides to take you to court and then issue a court summons CCJ?

Did the same thing to me last week,signature wasn't mine.Think il send same sort of letter see what crap they come back with