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Everything posted by ecobabe

  1. it's not necessarily dodgy. make sure you sound like you know what you're talking about. tell solicitor what date cca request was received by arc and the date that they defaulted (12 working days from receipt). quote the cheque number or postal order number sent to them as well. you can still send recorded delivery or for a bit more you can send special delivery which is guaranteed to be delivered next day and you get the name of the person that signed for it. it's worth it.
  2. i would send a copy of the cca to the solicitors and say that you will be using this as your defence if they continue with their court action. make sure you send recorded delivery. don't continue to pay if they have defaulted on request
  3. send a cca request to them now with the one pound payment. and reply to the court claim stating that you have requested proof of the debt and a copy of the original credit agreement as is your right in s 77-78 of the consumer credit act 1974. but send the cca request to whoever has issued the court claim. do not admit anything to anyone at this stage. if you request this agreement they need to provide it for the court case to proceed, they cant enforce the debt without it once you request it. but don't delay, send cca by recorded delivery to equidebt(?) and reply to court saying yopu've made request. a continuance will probably be granted to give them time to come up with it. but i think the fact that they are asking you to admit to the full amount indicates that they don't have the agreement and are relying on you to admit it.
  4. hi barclaycard did this with me too. can't rememberthe order but think it was barclay to lowell to hamptons. i cca'd them all to cover my bases. i know that they shouldn't chase disputed debt but they do! so you could do that
  5. i'm helping my sis with a claim for her BoS current account. we've noticed that from opening of account ~2001 til 2004 there is an account maintenance charge every month of £15 they were also overdrawn and charged for that. so anyone know if the account maintenance charge is reclaimable?
  6. you can't have a ccj or you would know about it. if you were evr issued with a ccj you would have got court papers thru about it giving you the opportunity to go to court and defend etc. and your credit rating would not be all right (tho it drops off after 6 years) if a ccj had been registered against you you would have had been ordered by the court to pay the debt maybe in installments. so you probably don't have a ccj if you send the letter i suggested you will also get details of any payments you made to them
  7. looked at the letters and the statute barred one is good it also states it's an alleged debt, so it wouldn't be restarted. but I would still send the CCA then you'll geta statement of account and you wil be able to see when exactly you paid last payment, cheaper than the £10 for DPA. I've stuck some other stuff in CCA letter from library. also send recorded delivery 1 High Street, Newtown, Kent R21 4RH June 28, 2006 The Loan Company Company House, Church Street, Newtown, Kent, R1 7HG Dear Sir/Madam Re:− Account/Reference Number 4563210025897412 I do not acknowledge this debt and even if this alleged debt did exist it is statute barred according to the Limitations Act 1980 section 5. If you claim that the debt exists and is not statute barred then please supply me with a copy of this credit agreement. This is my right under sections 77 & 78 of the Consumer Credit Act 1974- your obligation also extends to providing statements of account. I have enclosed the £1 statutory fee under the CCA 1974 for this request. According to the Act you have 12 working days from receipt of this letter to supply this information. If after that you continue to claim that this "debt" exists, I shall make a complaint to Trading Standards, The Office of Fair Trading and your own regulatory body. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested and our correspondence to date will be supplied as evidence. I look forward to hearing from you. Yours faithfully Mr so and so I record all calls for accuracy
  8. you could also send a CCA request to them. Make sure that the phrase, "I do not acknowledge this debt and it is my understanding that even if this debt did exist it is statute barred under the........(quote Act etc). I will not correspond further with you until you supply the above mentioned documents including a statement of account" I would send the letter to all the DCA's who have contacted you and the original lender. Put your £1 cheque/postal order in each request and post. keep copies of letters and postal order numbers. Then even tho it's statute barred, you are doing double whammy. you'll find the CCA request template in the section at the head of the forum, just add the bit I suggested.
  9. dan, i'm dealing with link for a friend and they sent her exactly the same letter. we responded saying that they were talking tosh!! and referred them to section 189 of the CCA 1974 ie request refers to them even if they are not original creditor. also told them it had been passed onto trading standards, which it was. so far heard nothing else from them
  10. when you get it or if, post back and describe it. it should say agreement regulated by cca, have your signature and a signature from barclays- other stuff as well. it shouldn't say application form
  11. sorry! jumped from page 76 to 78 and that's why i missed the info!!!
  12. InKognito, where did you find all the prescribed terms? i'm helping a young woman with 4 kids under 6 & on benefits, absent father.....she has loan with provident and they have sent bad photocopy of agreement, but i need to check tht everything is there or not(hopefully). thanks doh! just spotted it!
  13. my barclaycard one went back to 1995, they did send an "agreement", it was a copy of application form with only my signature, very grainy , hard to read and nothing about terms & cond. when i wrote saying that it didn't satisfy the CCA they backed down and closed file. so theymight try this
  14. ok, i've done this stuff before and am pretty clear about it; recently though i've been helping a friend with a debt which link financial have , originally MBNA, we CCA'd them in Sept and they never came up with info. but continued to chase her and wrote saying that we were mistaken because they were not the original creditors and did not need to comply with s 77 &78. i wrote back reminding them of s 189 and that they did need to comply. they stopped calling and we reported them to trading standards. eventually TS contacted her saying that link were going to pursue the debt because contract was with MBNA and they needed to supply agreement not link. now i know that they cannot enforce this without the agreement but any ideas about best way to deal with link (forget TS they are a lost cause)
  15. are you in scotland or england? is it a summary warrant from a county court? apart from that, send a DPSAR(in library of forum) with £10 requesting all statements, and a true copy of agreement(which you'll need to add in, even tho they should send that they might not unless you stipulate). Hand it in to your bank or send it special delivery, immediatley. then when you've figured out what kind of summons you've been served post back here. even if it is a summary warrant you can defend and counterclaim and they will probably need a continuance.
  16. i'm not worried by link nor is my friend, but i just despair for the folk who don't about this stuff. for Link to be so blatant to TS and for TS to be so ...........**** is enraging.
  17. on a slightly different note.....don't know if it was you peterbard or tamadus that had letter from Ian mcCartney.....??? anyway, now that my debts are all gone (wayhay!!) i've been helping some other folks and one of them had old MBNA credit card passed to Link, (bear with me here ) so we CCA'd them in sept and got patronozing letter back from link saying s77 & 78 doesn't apply to us cos we aint the original credito. anyway i replied reminding them of s185 and that they were wrong. when all time had elapsed we complained to TS who called today to say that they had spoken to link and they would still be pursuing the debt because original creditors would have agreement and other pish(sorry but i am really disgusted at TS). So we cca'd MBNA today and I know I am in the right, but anybody else want to tell me i'm wrong? Ian McCartney wants to tell his dept to train their staff properly
  18. don't wait any time, post your cca today or asap. to be honest I would do it special delivery it cost a couple of pounds but it is guaranteed to be deliverd the next day with a signature. then they can work up a sweat trying to find a way out. but don't delay
  19. I had a very large debt written off because they couldn't come up with the agreement, they said that when they bought it over the originl lender kept it for a year and because i did not request it (??) it was destroyed!! they knew that it was not possible to enforce it thru the court now because of this and so file was closed. again this was a large well known DCA and a large debt. so methinks they are talking rubbish
  20. I always put "I record all my calls for accuracy" at the bottom of my letters and i do. then there is a record of their attempts to collect if and when the debt becomes unenforceable. let me tell you they stop phoning! I have told them that i will use it as evidence for Trading Standards. And you have proof that they received your request, if they have lost it internally that is their problem, not yours.
  21. right I'm not sure about English law, being north of the border, but is this letter from the court or from the company? if it's from the court then you need to contact the court to find out what you need to do. sequenci seems to suggest that it's a frightner from the company, but you should know that by looking at the letter. i would imagine there will be a reference no. if it's court. check and post back
  22. well I would still write the CCA to them and make sure that you include the statement" I do not acknowlege any debt to you and will not correspond further until you send the requested agreement", they may try to continue to harass you but if they do not have the agreement it is a complete defence in court. send recorded or better still special delivery. so (as they know anyway) it does make a difference. even if the worst came to the worst and they tries to take you to court you could conterclaim that you have requested the original agreement, if they can't come up with it then it can't be enforced, not even by a court. try not to talk to them on the phone, because they are hoping you'll cave in and admit to it, because as of may 2007 the debt is statute barred, so they will be pushing really hard to get it restarted. don't panick, just do your CCA and get it away today!!
  23. yes. send a CCA request (in library of forum) along with a £1 cheque or postal order. send recorded delivery. when it's delivered give them 12 working days to comply and if they haven't then you are within your rights to withhold payments until they comply. so if you're due to make a payment before the 12 working days then do so. after the 12 working days they have a further calendar month to comply and then not only is debt unenforceable but they have committed an offence. after this if they come up with agreement they need a court order to enforce. don't be fooled by copies of application forms or any other bluff
  24. hi, can i ask you when you last corresponded with them or made a payment? you say it's from may 2001, is this the last contact you had with them?
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