Ok I will ask for a subject access request - should I not be asking them to prove it is my debt first though?

Bump can anyone help im a little concerned here

CCA request is no good. It won't apply to overdrafts. You really need a DPA request

Hi Rameses,

Could you explain why I need this and how do I obtain it?

Sorry I am completely new to this sort of thing.

Thanks in advance.

Hi Larissa,

Thanks for the info -

Is there a template letter outling the fact that I have sent a cca request to the orginal creditor and they have ignored it?

Or do I send a another cca to the DCA and start the process all over again?

Hi Guys,

I have an outstanding debt with Halifax which is a overdraft amount of £2,741.78

I have been making payments of £5 per month to halifax and suddenly they decided that they would no longer accept these payments ( presumably because they want this off their profit and loss sheets)

I sent a CCA request to halifax which was completely ignored and now I have a letter from Fairfax Solicitors demanding the full amount or they will send a debt collecting agent to my home.

I cannot afford to pay all this back is there a way I can keep the wolves from the door so to speak?

Maybe a CCA request? its important to bear in mind that this is a unpaid overdraft debt....

im a little bit worried..

any help would be great guys.

Essex

Hello. You don't have any photographs taken when the rings were being worn and visible in the photo, do you by any chance?

 

HB

Hi Honeybee,

I dont im afraid - which is what they asked for but if I dont have a photo I dont have a photo? I cant just magic one up - and this is one of the reasons they are insisting on vouchers instead of cash.

Surley if they validated the claim then they should pay out in cash as its reasonable given the circumstances?

hi kiptower,

thankss for the advice - however I have proved the original purchase in form of a guarantee certificate for both rings with the amount I paid stated on it.

Apart from the problem of the turkish jeweller not accepting these sort of vouchers the rings I had specially made cannot be done for the same price in the uk.

Therefore the only way of me buying like for like is by cash - also they valued the rings at what I Paid for them as they were barely a month old when I lost them.

Do I have a case for arguing that they settle in cash?

Just an update -

I have been told my claim has been validated, I was asked to fill in forms for tcs and then another specialist loss adjuster who are "experts" in jewellery losses. ( which translates into experts in picking holes and decreasing the value of the item to save esure money).

I have been told that due to the fact that I cannot provide a bank statement with the transaction amount on it ( I paid cash in turkey on holiday) and I do not have pictures of the rings ( I didnt realise that I would need to take pictures of the rings as I didnt think I would ever lose them or need to claim?) ...... that they will pay but only in the form of vouchers for me to redeem here in the uk.

My problem is this - I cannot provide what they are asking for and therefore I am being penalised for this?

I really want the same rings that I bought in turkey and the jewellery there wont accept my vouchers???

Have I got anywhere to go with this? any help would be appreciated.

thanks.

Hi Guys,

I would certainly be interested in finding out the end result of this.

I have just lodged a claim with esure for two lost rings - I have recently lost weight and went swimming in the sea and subsequently lost them due to them falling off my finger.

Esure have refferred my claim to "Tcs loss adjusters" which basically means the people they employ to try to pick holes in your claim to stop them having to pay out.

I am well and truly pumped up for the battle with these idiots - they picked the wrong person and I will fight them tooth and nail all the way .........

POWER TO THE LITTLE PEOPLE

Hi Don,

 

Welcome to the forums. You have certainly come to the right place for help with claiming back any mis sold PPi.

 

I am not a legal professional, but have successfully claimed back mis sold PPI on 2 credit card accounts and 4 loans from barclays/barclaycard.

 

I suggest you take this one step at a time and start by sending a Subject Access Request (SAR) to all your creditors. This is basically a letter requesting all information the company hold on you as a dat subject and should include all statements from each account, copies of letters they have written to you, etc.....

 

The request is a legal requirement of any company and must be sent to the registered address of the company along with a postal order for £10. They are required to provide you with copies of all the information they hold on you within 40 calendar days.

 

Just to be clear you are sending one SAR along with the £10 postal order to each creditor, so no need to send 2 SAR's to barclaycard for the 2 credit card accounts you have for example, 1 SAR should provide everything you need.

 

While you are waiting for the information to come back, I suggest you have a read of the stickys at the top of this forum called "notes for claimants" there is lots of very useful information there.

 

Then post any questions you have on the forum and someone will certainly be able to help.

 

Once you have all the information back from your creditors come back and someone will help you with the next step.

 

Best of luck

 

DJ

DJ,

Your a star - how do I find the registered address's of the companies? Would it be as simple as looking it up on companies house and jotting down the registered address on there?

11 views and no one can help

How did you get your card for this account?

This was an in store application - Also how do I edit the post to remove my account number?

That's what I was just thinking as it's not made totally clear that is the amount just that any purchases up to that amount. Though, wouldn't it be the case as with any credit limit the initial sum of credit be based on the person's financial situation at the time of application ie if for example the credit limit was set at £300 - for arguments sake just because it's a figure already mentioned and written on the bottom? Which may or may not be £1500 and could well have been set initially at £300?

 

I've also just realized as well that your account number can be seen on the very bottom of the agreement.

 

Going to watch Big Brother now before I get into more muddles thinking about this agreement and seeing if it could be made unenforceable.

The credit limit was set as £300 for this agreement and has always been this since day one - I know this from my first statement but nowhere on this agreement does it state that my "credit limit" is £300.

The only thing it does have is a inked amount of £300 scrawled at the bottom of the agreement which could be argued that was added after the time of signing?

I was also not given a copy of my agreement when I signed it???

Section 5 is referred to as an example payment if the credit limit was set at £1500 and the apr charged on 12 equal payments would be £223.74 ???

 

Does this affect the situation?

 

.......................................................................

 

No. it doesn't change the situation as much i would love to tell you it does.

 

Did you get a letter telling what the credit limit was, this is known as the card carrier

Nope never recieved any such letter - when should this have been sent to me? at point of signing or shortly after or any time after the agreement signing date?

However, I had seen it before but just took a look at the regulations surrounding what a credit agreement should contain:

 

The Consumer Credit (Agreements) Regulations The Regulations apply to all regulated consumer credit agreements and consumer hire agreements, including modifying agreements.

In particular, the agreement must contain certain financial and other information. This must be set out in a specified order, with sub-headings, and shown together as a whole. The information must be of equal prominence, and easily legible.

In the case of credit agreements, the required information is:

 

• nature of the agreement
  
• parties to the agreement
  
• key financial information (including the amount of credit or the credit limit, the duration of the agreement, the APR, the total amount payable, and the amounts and timing of repayments)
  
• other financial information (including a description and cash price of goods or services, any advance payments, the total charge for credit, the rate of interest, how and when interest charges are calculated and applied, the order of allocation of payments, and variable rates and charges)
  
• key Information (including default or other charges, any security provided by the borrower, and prescribed statements of the protection and remedies available to the borrower), and
  
• a signature box, and other form of consent where applicable.
  

Both the borrower and the lender must sign the agreement. A copy of the executed agreement must be given to the borrower, either when he signs it or within seven days. A further copy of the unexecuted agreement may also need to be provided. If the agreement is cancellable (because it was signed off trade premises), notice of cancellation rights must be included in the copy agreement, and must also generally be sent by post or email to the borrower within seven days.

If the above requirements are not met, the lender can only enforce the agreement against the borrower by getting a court order. Local authority trading standards services or the OFT can take enforcement action against the lender, using powers in Part 8 of the Enterprise Act 2002.

The Department for Business, Enterprise and Regulatory Reform (BERR) has issued guidance on the 2004 Regulations. Download the BERR guidance (pdf 64 kb).

 

Right, now I've confused everyone else let alone myself.

 

 

AGGGGGGGHHHHHHHHHHHHHHHHHHHHHHHHH

 

I am so confused,

 

Can anyone with experience on this sort of thing help us make sense of this?

 

Appreciate your help so far cartaphilus

They have complied with Section 78 request. What you have to do is the DPA SAR and ask for all documentation and statements and any telephone records they hold regarding this account. This will cost you £10.00

 

para 5 does does state a credit limit for retail purchases of £1500.00 and 12 equal repayment instalments the interest on this being £223.74.

 

It then goes on in Clause 6 to explain how they will apply the repayments to the account.

 

IMHO this is enforceable on the face of it.

 

I am not sure what the £300.,00 refers to, This would be discovered from the SAR

Hi Mrs Hobbit,

Thanks for the info - the only problem is the credit limit has NEVER EVER been £1500.

Section 5 is referred to as an example payment if the credit limit was set at £1500 and the apr charged on 12 equal payments would be £223.74 ???

Does this affect the situation?

Also once I have done the Data Protection Act Subject access request and recieved it what is the next step or angle for me to argue?

Thanking you in advance.

More than likely it does as it's the Statement of Account. Sorry if I got your hopes up.

I dont see how it can though as this third document is the first time I have seen it and I have never ever signed anything relating to it??

The credit agreement that doesnt have the credit limit on it but this document is just a print off from their system??

Is there anyone who knows the law and can shed a legal view on whether or not I can or it is worth me contesting this one??

Thanks in advance guys.

I have now scanned the said "other" document - does this have any relevance?

cheers for the info

Well, I did see £300 but also wondered if that was connected to the section right at the bottom eg someone making calculations - it's not clearly defined in anyway whether they attempt to imply it was done in store anyway so I don't know how they'd get away with that TBH if they tried to argue it was the credit limit; I took it to be random scribbling TBH without any reference to what it was. However, to answer your question directly on that: nothing. Thought I don't see any credit limit or reference to what the balance is in the cover letter, it mentions a statement of account? Did they send you one or just that agreement?

 

Then there's the matter of you having this copy so if they did try that, this is the copy they have issued you as your credit agreement and presented as thus from them. So if they did do that it would probably be very easy for anyone to tell, even if it went to court. Hope I am making sense. I don't think they've obligated your request properly as there is no way for you to tell - apart from that figure which could be related to anything - what your credit limit was at the time you opened the account. I might be wrong but I am trying to see what things are missing in order to put it into dispute and that they've not fulfilled your request fully.

 

What I am trying to say is - whilst flying about on other websites as well as this one - is there are no links anywhere on that document to say that's your credit limit as written ... The OFT guidelines on unfair means were in my mind earlier and not making things clear to a debtor.

Ok I think I understand what your saying - as far as your concerned the only thing missing that I can highlight to them and fight against is the credit limit right?

Is there a generic letter template that I can use to fire off to them to see if they will buckle?

I have tried looking for one on here myself but I am unable to find one - any help would be most welcome.

One last thing they have sent me another document which I will scan and copy now - I didnt think it was relevant until now but let me know what you think.

Hi all,

I have recently read about PPI and claiming money back against banks for loans and credit cards.

I have a number of companys who I have borrowed money from in one way or another.

I have complied a list below along with any important information etc:

Northern Rock £24,000 Loan taken out with my mortgage on a "together" package in April 2007 ( I have also paid my house insurance with my mortgage until May 2010)

Barclay card platinum card £3500 Limit

Barclay Card Football card £2500 Limit

Mint Card £1800 Limit

Virgin Credit Card £1800 Limit

Burtons store card £300 Limit

Halifax Personal Loan £3500 taken out on 20th August 2008 This account is in dispute with Apex credit management a DCA

Halifax Overdraft £2700 This is in the process of being sent to a DCA according to letters sent to me from Halifax

My question is this - Where do I start to find out if I have indeed been charged PPI on from any of these companys and if I have how do I go about claiming on a step by step basis?

I am a complete novice when it comes to this and any help would be greatly appreciated, after all why should I let these fat cats take my money and essentially steal from me?

I am like a dog with a bone on this one and I just need some guidance or a "how to" guide to claiming and finding out if I have been charged for PPI illegally

Also as I am on the subject of claiming money back is there somewhere where I can find out a dummies guide to claiming my bank charges back going back say 7 years?

I would appreciate it if you could put any replies in laymans terms for me as I am new to this sort of thing.

One last thing is there anywhere I can make a donation to the upkeep of this forum as this is a great information source for people in financial difficulty like myself.

Bless you all.

Essex

:)

Don't see a credit limit or amount anywhere. Not sure if that matters, though.

The figure of £300 has been scrawled on the bottom of the agreement and I believe this is the credit limit on the card - to be fair as I have been sent a photocopy whats to stop them writing this on the orginal agreement in ink and then photocopy it to send on to me to make it look like this was discussed at point of signing in store?

Can anyone shed some light?

I've moved your post & created a new thread for you.

 

They are too small to read, can you upload them to tinypic or photobucket & then copy and paste the

 

 

 

Can anyone shed any light for me?

 

Thanks in advance guys.

Hi Guys,

Sorry to butt in on this thread but I have sent a CCA request to santander regarding a burton store card.

I have recieved a letter and also a orginal copy of my agreement - I am a little confused as to whether or not this is enforceable.

From where I am sitting it seems they have me by the short and curlys, can anyone see any different and if I can challenge this on what basis?

any help would be greatly recieved.

Essex

Essex Don,How was your account managed prior to you becoming unemployed ?

 

Have you got anything in writing from them as regards them seeking higher payments-and was this whilst you was unemployed ?

I was asked verbally to increase my payments from £12.00 to £40.00 per month to stop the account going outside of halifax which I agreed to - but they double crossed me and sent it on to apex anyway.

and Yes I was unemployed while this was happening.

Incidently whilst I was employed the account was run fine - as you would expect as they were getting their money every month.

Can you help further?

Thanks guys.

I'd be tempted to send them Scots letter below & see what their response is;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**

Thank you so much - I will post their reply on here as and when I recieved it.