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Everything posted by ecobabe

  1. fetsilva, you are getting your SAR confused with your CCA! send CCA's along with the £1 per request to the DCA's, do it recorded delivery. then check when they are delivered. They have 12 working days from receipt of your letter to come up with agreement after that it is unenforceable until they supply the agreement, they have a further 1 calendar month after that to supply or they commit an offence and if they then find it they need to get a court order to enforce it. If you send the CCA's now the DCA's wouldn't have time to get the necessary paperwork together to go to court. If on an outside chance they did, your defence is that you have requested a copy of the original agreement and they have not supplied it. This is a complete defence to a court action of this type. The court would then ask them to supply it or they will not proceed, and no a ccj cannot be issued against you without you getting the chance to defend.
  2. CG7, stick with sending them a CCA request and make sure you put that you do not acknowledge any debt to them (if it was for 2 accounts then you need to send 2 CCA requests with 2x £1 postal orders or cheques) you can send them in the same envelope. By doing this you are not reactivating a debt and if it is still not resolved by end of year then it's statute barred anyway. I had an old account with barclaycard which I hadn't heard about since ~2001 or 2002. Lowell started pursuing me and i ignored them for about a year, then when i came here I sent CCA to Lowell and lo and behold they didn't come up with the agreement, I also CCA'd barclaycard cos they need to give you a statement of account as well, so it's cheaper than DPSAR. barclaycard sent an old grainy copy of an application form which I had signed in '95, so i replied saying that an application form was not a properly formatted agreement as per the CCA . Neither could come up with docs and they wrote and said the file was closed. You really don't need to worry, send the CCA's and sit back and wait for the 12 working days to elapse. Post on here when the time has elapsed, read up on all the posts and inform yourself in the meantime. I would suggest you read "Consumer Credit act agreements" on the general thread in the bank forum and also " Loan Company cannot supply the agreement" in the other institutions thread- they are remarkable and will blow you away!
  3. when you write the cca to them make sure that you write " I do not acknowledge any debt to you and will not correspond further until you can prove this by providing the agreement". If they are able to supply it then you are in the same position, if not then you don't have anything to worry about. Even if they tried to proceed the fact that you have sent a request under the CCA buys you time and prevents them from proceeding, or if they do you can legitimately claim that they have not supplied this agreement, which is a defence
  4. Bill, where are mindzai's spreadsheets now? i used it before but it's not at bottom of her posts anymore
  5. yes i'm sure you can email, but to be honest i wouldn't be quite so nice in saying you've sent applic. by mistake. just state that an application form is not a prperly executed agreement as per cca
  6. write back to littlewoods saying that it is not properly executed agreement as per your request under CCA, don't get bogged down in any details just leave it at that. The Barclaycard one do the same, I know there's some dubiety about this because 2 signatures on it, but someone posted a letter from TS they had receievd saying categorically that an application form is not acceptable. so just do this and see.
  7. Each council has their own trading standards,so for instance if you pay council tax to Edinburgh City Council then contact the council for their Trading Standards address & telephone number. i have not seen a template letter for TS, but write simply that you requested a copy of the original agreement plus £1 (in fact send them a copy of letter sent to AIC) that the timescale has long since elapsed and they are still pursuing you. also write as I said to AIC stating that you record all calls and will be using them as evidence ...etc. Send it by recorded delivery to head of customer services.
  8. yes. if the creditor does not have a properly executed agreement then it cannot be enforced at court. if they try to get round it by using other regs. such as the 1983 regs. they are right to a point that they can get round the CCA request at this point, but not if it goes to court. and you can pretty much guarantee that if they are trying this then they don't have the aforementioned agreement. There is a House of Lords ruling on this. but also when they just ignore the CCA request the debt is unenforceable. so report them to Trading Standards, it's all evidence for you. DnZ- it doesn't matter if they say they haven't got letter, you have proof that it was delivered, the fact there company is inefficient is there problem
  9. I have found that when I write "all telephone calls are recorded for accuracy" at the bottom of my letters the calls stop immediately. So I would write and tell them that you record all your calls and since they have defaulted and may now have commited a criminal offence, and are still trying to enforce an unenforceable debt, you will be using your record of calls as evidence and you are passing it on to Trading Standards. Then get Skype or some other such thing (which some i believe you can download for free) and do so. In the meantime formally complain to TS, when they get involved the dca will back off
  10. check the general thread, "consumer credit act agreements" and also the other institutions thread "loan company cannot supply the agreement" lots to read but tells you everything you need to know
  11. well it's a shame that you agreed to start paying them because after 6 years it's time barred. but you can cca them just the same as before
  12. you can still send the cca to them. if they don't own the debt they will tell you soon enough and whether they own it and in my experience they liase with the company or send it back to the company, so send the letter with your £1, recorded deliivery and wait for 12 working days after they receive it. If they write and say they have passed it back to owner then simply repeat the process with the owner of debt.
  13. hi helz, I would say simply that you receievd the photocopy of the application form, but that this does not constitute a properly executed agreement as per the CCA 1974 and so they have not complied with your properly formatted request. The original timescale still applies.
  14. there is always a solicitor there who will represent her, i think they are from citizens advice or some such agency. I've been and they will do all the speaking for you if you want, but phone the court and check. as long as she has it all written down and knows the principal of unlawful charges etc and is there early enough to speak to solicitor
  15. just reread your post, given that it was only posted on the 24th it is probably still in their system cos you are only at about 4/5 working days so far. so I would do as I suggested but send it to whoever the person/dept is that wrote to you threatening you. I would also send it special delivery on Mon morning then you know they've got it on Tues, it's about £3 if you can afford it .
  16. when does your 12 working days run out? I'm not saying don't pay anything, but be careful because surely to agree to pay anything would fly in the face of the CCA? even if the worst came to the worst and they did start court action(which i don't think they will) if you defended on the basis that there was no agreement and you had requested it etc then it would be thrown out. I would send a copy of your original CCa letter with a covering letter saying that it was sent to them on dd/mm/yy along with £1 and quote po/cheque no and the debt is currently in dispute and you will defend on that basis.
  17. your connaught one will be passed to Reliable, 1st credit, Robinson Way(all the same folks). I had dealing with them and of all my creditors they were the hardest to deal with, ,mine was for £30 that I didn't even owe. I sent cca to everyone of them as they came in and they credited £1 to the account!!!eventually I complained to Trading Standards and only now after 6 months is it resolved. but hang in there and just send your CCa's plus £1.
  18. i think i remember reading on this forum that once a debt has a ccj attached then it is enforceable, because the court has accepted that it is an enforceable debt. But I believe that if you can show that debt was innaccurate and made up of charges etc then you can apply to have it overturned....someone more knowledgeable will come along shortly and tell you i'm sure. that's why you should always defend these things.
  19. the debt is now completely unenforceable. I have recently (posted on thread named above and general thread) had a large debt written off for this very reason. They stated that "because we do not have the original agreement it is now unenforceable and you no longer acknowledge this debt, we have closed our file on it", I also had a barclaycard one written off because they could only send the application form with my signature on it. This one was very old and they owed me more in charges than I owed them, but that would have been a long battle because it was so old. but by the DCA's own admission it was completely unenforceable due to the lack of agreement
  20. my son did this, he simply sent a letter to them saying that he had been remiss in not following it up, gave them 7 days , enclosed a copy of the LBA and proceeded from there
  21. I feel I should share this with folks since it's been with the help here that's enabled me to do this. While i haven't really got much in the way of bank charges to claim, only a little and i'm doing it now; my success has been to free myself entirely of debt(apart from mortgage). I have had 6 success's so far, 3 of them owed me as much in charges as they said I owed them, so that's fair enough. I will list them with a brief history and hope that others get some help from it. 1/ this was a very old overdraft from RBS, initially i did DSAR, but they said it was too old. Had been paying a DCA called Bryan Carter for ~ 8 years. after i had no joy with statements I CCA'd them, they wrote back quickly saying that they had been instructed to take no further action and file was closed. this was for ~ £1500, but the balance never changed over the 8 years and there were charges on it 2/ Barclaycard, passed to Lowell; again about 10 years old. I had a balance of £900 and had paid ~ £900 to Lowell over a period of 4-5 months. But when they contacted me again they said I owed £700. So I cca'd Lowell & Barclaycard, I was sent copy of application form which I had signed 13 years ago. I wrote back and said that application form was not agreement and i would not correspond further. Lowell wrote saying file was now closed. This took a bit longer to sort out, but the phone calls stopped as soon as I cca'd them. 3/this was the most painful to sort out. I didn't even owe any money to them but had used the mail order at one time, but paid as I went along. They had charged me for goods that I didn't order or receive ~£40. However over space of 2 years this rose to £220 and they put default on my credit file. It was company called jd williams who also used connaught collections/reliable/1st credit/robinson way. I had to cca all of them and it was nightmare because they all credited £1 to my account. anyway, long story short. They tried to fob me off with consumer credit regs 1983, but eventually said that it couldn't be enforced but the default remained. Trading Standards were writing to them on my behalf by this time, heard from TS on Thurs that it's been removed from my credit file(checked and it has). This took 5-6 months to sort. 4/ Had a loan with HFC which I never missed a payment on til feb of this year. eventually after 3 months they defaulted me and issued a summary warrant. had it not been for this site I would have stuck my head in the sand, anyway I defended and counterclaimed. They said that i owed £700(including interest) and I counterclaimed that at least £300 was unlawful charges. after several continuances we settled on £200 (which would be about correct as i paid the o/s missed direct debts as well). so that was concluded on 20th dec. 5/ The biggie that I posted about earlier, and I thought I would be taking this to the grave with me, because i had no idea how i would ever be able to pay it off. It stretched back to '98 and had been passed to a DCA in '99 who I had been paying considerably reduced payments to. anyway after cca in July they still had not come up with agreement, they offered me a reduced settlement, which I still couldn't afford. So this weeks I got a letter saying that the file was closed due to them not having the agreement and my no longer acknowledging debt, they knew it couldn't be enforced. 6/ Had a Next directory account that i never had any problem with until July when they said that I had missed payments (which I hadn't) I had a balance of £39. Thet put a default on my file. I cca's them etc and they couldn't comply but after speaking to several people at Next they discovered my payments had gone elsewhere?? and I now have my account back and default removed. So while some of it should never have happened and they were in wrong, without this site I would never have sorted it out & got my life back. So thanks for the advice and help and I hope that some folks get help from my success. It has taken 6 months and you have to hang in there and do it to letter (as suggested here) but I got my life back by doing so. Probably the same as most folks on here I wasn't living a life of reilly and gaily taking on debt, my circumstances changed drastically and everything piled on and compounded it all. so thanks and feel free to ask anything about my journey
  22. yes, i've been down this road and have now had debt written off. send a cca (if posting 1st class allow 2 working days) they then have 12 working days from receipt of request to comply. if not they go into default and the debt becomes unenforceable, but they have a further 1 calendar month to come up with the agreement. if they do come up with it then debt is enforceable, but if not then it remains unenforceable and they commit an offence. After the 12 working days you can stop payments.
  23. hi, letter ok, do what nailpost suggested, but i would leave out the bit where you tell them that it becomes unenforceable on 29th. it's already unenforceable unless they come up with proper agreement. they commit an offence on 29th. but don't say that to them, only because that's what you want to happen and let them keep tabs on timescales themselves.
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