Nick, Thankyou for your comments. I personally have no axe to grind with b&a - all i am trying to do is ensure that my friend becomes debt free sooner rather than later. My main concern from the B&A point of view is the management fees are equating to about 25% no top of what he owes to the creditors. thats alot of money - and thats before we double check amounts etc (again im not suggesting any wrong doing, never harms to double check)

Hi Chattanooga, Yes B&A are charging either 47.50 a month- on his statement there is a box at the top of the page stating that the fees from B&A for managing the plan for the next 24 months (till all paid off) will total £1140!!! he owes around 4K - those fees add 25% to the amount he has to pay off! Im unsure whether to bother to CCA/SAR the creditors as the debts are not really in question per se, but equally i know that B7A are not his best option either,

many thanks DX, What should we look for on the CRA file - to see if payments have been made etc?

Hi, It has been a few years since CAG helped me sort out an issue I had with a DCA - I am now trying to help my friend who is currently using Bains & Ernst. As mentioned he had a debt management plan with Bains & Ernst for around the last 1.5 years. To my knowledge my friend has never requested any information from any of the creditor to check that they are legagly entitled to collect the debt etc. The 2 main creditors are Welcome Finance and a Citi finance loan (on his statement from B&A as capitol collection agencies CCA) I would greatly welcome any advice as the best first steps to take to look into this. Would I be correct in saying that SAR/CCA requests to each of them would be in order? Many thnaks in advance for any pointers, regards, yubnub

Thanks for all the input. I will get the letter off to them tomorrow stating that we did not make these orders/payments, Will have to see what they come back with once they have the letter with all the facts, thanks again, YUB

I think you are correct, Any idea what potentially happens then? is my money gone? cheers YUB

Hi, we did cancel it last week whilst we were on the phone reporting the transactions. The new card has arrived and is now in use, thanks, YUB

Hi, i use the term "charge back" generically as the letters at work we receive come from the "charge back" section. As a retailer we are told that unless we post only to the registered card address and get a signature or we get a full pass with verified by via / secure mastercard etc then we are liable if a transaction gets queried. This is why I use that term. we did not make these orders/purchases and I know that as a result the vendors concerned could not provide the relevent paperwork to satisfy abank. All I want is the monies to be returned to our account cheers YUB

hi both, during our last call we did get them to acknolege that the transactions were fraud. However they would not transfer us to the fraud dept - just the "put it in writing" line generally speaking what if any comeback do we have bearing in mind this is a debit card not credit. I work in retail and we get the dreaded "charge back" letters from our bank. if we can not prove in 14 days (with paper trail evidence) that the goods went to the registered address and were signed for etc we lose our money and it gets refunded. this is what we want to get moving with these transactions, thanks again, YUB

hi All, I apologise if this is not the correct section to post this query. My missus has recently noticed 4 transaction on her Abbey current account that have not been made nor authourized by us. The only card linked to this account is a Abbey visa debit card. We phoned abbey to advise them that we did not carry out these transactions. They said that they will mark them as "disputed" One week later we have received aletter informing us to return the goods that were damaged/not as described and contact paypal and follow their proceedures to get the matters sorted. They were baniong on about paypal when we were initially reporing the transaction which I felt was odd. We stressed to them that we do not have a paypal account. i am not to sure what bit of the : we have note made/placed these orders there are no goods we do not have a paypal account they do not understand. its like dealing with a brick wall - in fairness that may be a bit harsh towards the inteligence levels of brick walls. Any advice on what our best cause of action is. We tried phoning them to explain that they seem to have the "wrong end of the stick" and we felt the transactions were fraud. they just then said "oh you will have to put it in writing" i have started to pen a letter however any suggestions/legal snippeds to put in etc would be welcomed, cheers YUB

I will bow out at this point as 42 man is on the case, It all seems to stink to me and my limited knowledge though. To get an order on your house over a £700 alledged debt, with no cca and when the debt was SB seems most odd, regards, yub

I thought that they had to produce the CCA / agreement ? - with out that what debt where they actually taking you to court over? Just a letter from the bank to the DCA? shocking is not the word!

Strange, Sadly I am not the person to be able to comment on that , and even the exp caggers could not comment without more information, it does depend on the date that you last made payment and or acknowleged the debt in writing - I also beleive the laws are diff in scotland (although i though "in your favour - ie 5 years as opposed to six) Some types of contract i beleive work on 12 years as well. I would start a new thread if you need advice with as much info as possible, regards,

Hi, I have just borrowed this quote from another thread " Your signature needs to be on the same page as the prescribed terms, Credit limit or reference to it, Interest rate expressed as an APR and repayment schedule. " With that in mind I would say that your "agreement" falls into the unenforceable camp. im sure someone with better knowlege will be along in a bit for you to confirm. Regards, yub

do you mean the catalogue company have lost the agreement? or you have lost your copy, I would guess you dont have a lot to worry about judging by the dates and the fact it is a catalogue debt, - if they have lost their copy then it is game over for them! Please start your own thread - copy and past the info you have provided already here into it, Personally I would sit tight and wait for carters to do something worth worrying about. - or paerhaps send the proove it leter yub

Whats the background to your cca request? Is the account still with RBS or has it been sold on? Bottom line is without any CCA there is no agreement to enforce, or take you to court over. I suppose it depends what you want to acheive long term as to what you do next.

Hi Meg, Firstly welcome, I suggest you start your own thread with a few extra details to allow the CAGGERS to advise best. A few questions for you to answer in your first post in addition to the above info that you posted. Date loan/credit started/taken out type of loan (secured/un sec/ overdraft/catalogue) rough amount, not exact amount date of last payment made towards the loan/credit original creditor best regards, yub ditto diddydickys comments also

Thanks postggj, I still get confused by it all! Reading the links supasnooper gave above I see that one Cagger sent their costs request to the claiments sols and the other went via the court? which way do I go? thanks

Many thanks for that supasnooper. Upon reading some of the links I notice that it is possible for carters to restart this claim if they are granted permission by the judge "if" the facts of the case are changed. Can anyone give an example of the type of "change" that would be needed for them to get the go ahead. I ask this claim was filed 3 weeks before the debt went SB. "If" the claim were ever to be restarted it is me vs them. if I can get this claim stuck out/burried for good, any new claim would be on a SB debt giving me an easy defense. Any advice on that. i see that I can apply to have the discontinuation set asside, or am i best writing to carters and negociate that they strike it out them selves* using my costs as a bargaining chip (*sorry dont know the term). or are the examples of reasons that they could restart the proceedings so implausable that I need not worry? thanks in advance, anthony

Hi again, I have today spoken to the court to establish weather the judge had stuck the claim out prior to the notice of discontinuance being issued. It appears that the claim has been stopped as a result of the discontiuance notice. There is a letter on route from the court to inform me that "the matter has been settle prior to judgement" I would be grateful for any comments re my previous posts about the way forward from here regards costs. I have read a thread 42man recommended a few posts back that had a link regards in the costs and amounts that can be claimed etc - though the thread towards the end fell apart a bit so I am still a bit lost, regards, YUB

as previous post? - any idea on how this went from here??

will get those off - I have seen some good templates floating about - I will mod one of those to suit.

Morning, Great News , On Saturday I received a notice of discontinuance of action from Carters. So it seems the initial battle has been won and I guess we move onto stage 2 where hopefull y I cam get back some of the costs I have incurred as a result of their actions. How do I proceed from here? I guess I will get a notice/order from the court to confirm the discontinuance? Or there is a slim chance that as the already extended AQ deadline had passed more than a week previous the Judge may strike the case out before he gets his copy of the discontinuance notice? Does the way in which the case is "dropped/struck out" affect the process for claiming costs? or is the process the same regardless. I would also just like to publicly thank both 42man and DonkeyB for their support thus far with this - both amazing kind poeple, I look forward to any comments regards the costs, Thanks also for the title update 42man cheers Yubster Many thanks for the thread title update 42man.

Thanks 42man, Ill sit tight, thanks, Yub

Hi, Small update. The extended deadline for the submission of AQ's has now passed (last friday). I have spoken with the court today and they have confirmed that the claimants have still not filed their AQ. The lady did say if I called back on Friday they could confirm for sure, as it could possibly be waiting to go on the system. Obviously if they have indeed submitted then the judge will allocate a track/directions etc and things will proceed accordingly. However If they have not submitted do I let the judge make the first move - or should I get straight in with a N244? to request a strike out? I would have to pay for the N244 so I am half thinking of letting the judge make the call - however if I am more likely of a result via the N244 then I am happy to do it, thanks as ever Yub