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FSpencer

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  1. From Cahoot, debt from 2001 (scanned and converted to text, personal details removed): flexible loan Initial Creditor Substituted Creditor cahoot Abbey National Cahoot Limited (a division of Abbey National plc) Abbey House Friars House Baker Street p0 Box 1982 London NW1 6XL Coventry Cvt 2ZD This agreement together with the cahoot account terms and conditions, a copy of which are enclosed, sets out the terms and conditions on which we agree to open a cahoot flexible loan for you. The main financial details of the cahoot flexible loan are set out below. We are the initial creditor and ANCL will become the creditor under the terms of this agreement only if substituted as provided for below. Unless and until substitution takes place, all correspondence must be addressed and sent to us at the address shown above. Once substitution has taken place, all correspondence must be addressed to ANCL and all references to cahoot in this agreement and in the cahoot account terms and conditions will refer to ANCL. credit limit We will tell you from time to time what your flexible loan limit is. interest rates and APRs The interest rate for withdrawals and balance transfers is a monthly rate of 0.6433%. The APR for withdrawals and balance transfers is 8% (variable). The APR is calculated on an assumed credit limit of £100.00 repayments Each month on or before the payment date you have chosen you must pay at least the minimum payment set out in your cahoot flexible loan statement. The minimum payment will be the greater of: • £50 (or the full flexible loan balance if it is less than £50); or • 3% of the flexible loan balance. The payment date is the day which falls 15 days after each statement date on or before which we must have received the minimum payment under the cahoot account terms and conditions. The statement date is the date set out on your cahoot flexible loan statements. variations In calculating the APR, we have ignored any changes to the interest rate, fees or other charges which we may introduce or vary under the general condition 7 of the cahoot account terms and conditions. substitution of creditor We will give you advance notice of substitution and will confirm to you when this has taken place. Upon signature of this agreement by ANCL, ANCL will be substituted in our place. We and you shall be released from obligations owed to each other, and in respect of your cahoot flexible loan, and all monies standing to the credit of'your cahoot flexible loan, our respective rights against one another shall be cancelled ('the discharged rights and obligations') save as provided by statute. You and ANCL shall assume obligations towards each other which differ from the discharged rights and obligations only insofar as you and ANCL have assumed and/or acquired the same in place of you and us. This means that any debit balances on your account will be owed to ANCL. Any security you have given will continue in force and will become vested in ANCL when substitution takes place. For the avoidance of doubt, upon substitution, ANCL may transfer (by way. of absolute assignment, by way of novation or by way of security) any or all of its rights or its rights and responsibilities (whether legal or equitable) under this agreement and your legal rights will not be affected. Your signature(s) on this agreement constitutes a continuing offer to accept the substitution of ANCL for us. You agree that this offer will remain in force until accepted by ANCL or until ANCL receives confirmation in writing from you that you have withdrawn the offer. Such notice must be received by ANCL prior to it signing this agreement. data protection statement If two of you are making this application, each of you should read This statement' relates to the information you have given in the online application form and to any other information which you provide (or have already provided) to us or which we hold on you from time to time. By signing this agreement you confirm that we may use your information for credit assessment, which may include credit scoring. We may search the files of credit reference agencies which will keep a record of each search and make any other enquiries relating to you that we consider necessary (e.g. from another financial institution). Details about you and the conduct of your cahoot account may be passed to credit reference agencies and these details will be used by other lenders and all others a uthorised to search the credit reference agencies' files, for purposes such as credit assessment of you and members of your household and occasionally for debtor tracing and fraud prevention. Your information may also be shared direct with other financial organisations to protect against fraud. You agree that we may use your information to open and manage your cahoot account and to improve the products and services it offers to you and other customers. In particular, we may use your information to inform you about products and services in which you might be interested. We may give essential information about your cahoot account to others including other companies in the Abbey National Group, associated companies and business partners where this is necessary for the operation of your cahoot account and to people acting as its agents, on the understanding that they will keep the information confidential and secure. We may send your personal data to Abbey National Group companies, associated companies or business parties overseas, including to countries outside the European Economic Area, on the understanding that they will keep the information confidential and secure. In the event that ANCL becomes the substituted creditor, you agree that ANCL may use your information as detailed above. You agree that the information may be shared with other companies in the Abbey National Group, associated companies or our business partners and (in the event that ANCL becomes the substituted creditor), ANCL and its associated companies and business partners, to advise you, by post, telephone or other electronic media, of any products and services that may be of interest to you. When deciding whether to send you details of credit products, we may disclose your name and address to a credit reference agency in the future (if you are 18 or over). Your name, address and telephone number may be disclosed to reputable market research organisation for the purpose of confidential market research surreys conducted by post or telephone on our behalf. First named customer: You understand that if you do not want to receive such marketing information or do not wish your name and address to be disclosed to such market research organisations, you can indicate this by ticking this box. 0 Second named customer: You understand that if you do not want to receive such marketing information or do not wish your name and address to be disclosed to such market research organisations, you can indicate this by ticking this box. 0 IMPORTANT — YOU SHOULD READ THIS CAREFULLY — YOUR RIGHTS this statement. The Consumer Credit Act 1974 covers this agreement and lays down certain requirements for your protection which must be satisfied when the agreement is made. If they are not, we cannot enforce the agreement against you without a court order. The Act also gives you a number of rights. You have a right to settle this agreement at any time by giving notice in writing and paying off all amounts payable under the agreement. If you would like to know more about the protection and remedies provided under the Act, you should contact either your local Trading Standards Department or your nearest Citizens Advice Bureau. By signing this agreement, you and any joint account applicant confirm you have read and accept the cahoot account terms and conditions, a copy of which are enclosed. The agreement will only be binding on us when you have signed and returned the agreement to us and we have completed our final checks. This is a Credit Agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms. Signature of first named customer Signature of second named customer (if any) Date(s) of signature(s) Signed on behalf of cahoot, a division of Abbey National plc Initial creditor Date Day Month Year
  2. Hi MandM, Don't worry about the images, I converted them to text and pasted straight into the post 2 above yours. Cheers
  3. As I said before the CCA looks pukka to me, it was from 2001. The CCA also mentions the separate document of t's and c's. If anyone does see any holes in it, then I'm all ears.
  4. Sorry, that image upload was a disaster. I've used OCR to convert the CCA image to text, here it is (minus my personal details): flexible loan Initial Creditor Substituted Creditor cahoot Abbey National Cahoot Limited (a division of Abbey National plc) Abbey House Friars House Baker Street p0 Box 1982 London NW1 6XL Coventry Cvt 2ZD This agreement together with the cahoot account terms and conditions, a copy of which are enclosed, sets out the terms and conditions on which we agree to open a cahoot flexible loan for you. The main financial details of the cahoot flexible loan are set out below. We are the initial creditor and ANCL will become the creditor under the terms of this agreement only if substituted as provided for below. Unless and until substitution takes place, all correspondence must be addressed and sent to us at the address shown above. Once substitution has taken place, all correspondence must be addressed to ANCL and all references to cahoot in this agreement and in the cahoot account terms and conditions will refer to ANCL. credit limit We will tell you from time to time what your flexible loan limit is. Interest rates and APRs The interest rate for withdrawals and balance transfers is a monthly rate of 0.6433%. The APR for withdrawals and balance transfers is 8% (variable). The APR is calculated on an assumed credit limit of £100.00 repayments Each month on or before the payment date you have chosen you must pay at least the minimum payment set out in your cahoot flexible loan statement. The minimum payment will be the greater of: • £50 (or the full flexible loan balance if it is less than £50); or • 3% of the flexible loan balance. The payment date is the day which falls 15 days after each statement date on or before which we must have received the minimum payment under the cahoot account terms and conditions. The statement date is the date set out on your cahoot flexible loan statements. variations In calculating the APR, we have ignored any changes to the interest rate, fees or other charges which we may introduce or vary under the general condition 7 of the cahoot account terms and conditions. substitution of creditor We will give you advance notice of substitution and will confirm to you when this has taken place. Upon signature of this agreement by ANCL, ANCL will be substituted in our place. We and you shall be released from obligations owed to each other, and in respect of your cahoot flexible loan, and all monies standing to the credit of'your cahoot flexible loan, our respective rights against one another shall be cancelled ('the discharged rights and obligations') save as provided by statute. You and ANCL shall assume obligations towards each other which differ from the discharged rights and obligations only insofar as you and ANCL have assumed and/or acquired the same in place of you and us. This means that any debit balances on your account will be owed to ANCL. Any security you have given will continue in force and will become vested in ANCL when substitution takes place. For the avoidance of doubt, upon substitution, ANCL may transfer (by way. of absolute assignment, by way of novation or by way of security) any or all of its rights or its rights and responsibilities (whether legal or equitable) under this agreement and your legal rights will not be affected. Your signature(s) on this agreement constitutes a continuing offer to accept the substitution of ANCL for us. You agree that this offer will remain in force until accepted by ANCL or until ANCL receives confirmation in writing from you that you have withdrawn the offer. Such notice must be received by ANCL prior to it signing this agreement. data protection statement If two of you are making this application, each of you should read This statement' relates to the information you have given in the online application form and to any other information which you provide (or have already provided) to us or which we hold on you from time to time. By signing this agreement you confirm that we may use your information for credit assessment, which may include credit scoring. We may search the files of credit reference agencies which will keep a record of each search and make any other enquiries relating to you that we consider necessary (e.g. from another financial institution). Details about you and the conduct of your cahoot account may be passed to credit reference agencies and these details will be used by other lenders and all others a uthorised to search the credit reference agencies' files, for purposes such as credit assessment of you and members of your household and occasionally for debtor tracing and fraud prevention. Your information may also be shared direct with other financial organisations to protect against fraud. You agree that we may use your information to open and manage your cahoot account and to improve the products and services it offers to you and other customers. In particular, we may use your information to inform you about products and services in which you might be interested. We may give essential information about your cahoot account to others including other companies in the Abbey National Group, associated companies and business partners where this is necessary for the operation of your cahoot account and to people acting as its agents, on the understanding that they will keep the information confidential and secure. We may send your personal data to Abbey National Group companies, associated companies or business parties overseas, including to countries outside the European Economic Area, on the understanding that they will keep the information confidential and secure. In the event that ANCL becomes the substituted creditor, you agree that ANCL may use your information as detailed above. You agree that the information may be shared with other companies in the Abbey National Group, associated companies or our business partners and (in the event that ANCL becomes the substituted creditor), ANCL and its associated companies and business partners, to advise you, by post, telephone or other electronic media, of any products and services that may be of interest to you. When deciding whether to send you details of credit products, we may disclose your name and address to a credit reference agency in the future (if you are 18 or over). Your name, address and telephone number may be disclosed to reputable market research organisation for the purpose of confidential market research surreys conducted by post or telephone on our behalf. First named customer: You understand that if you do not want to receive such marketing information or do not wish your name and address to be disclosed to such market research organisations, you can indicate this by ticking this box. 0 Second named customer: You understand that if you do not want to receive such marketing information or do not wish your name and address to be disclosed to such market research organisations, you can indicate this by ticking this box. 0 IMPORTANT — YOU SHOULD READ THIS CAREFULLY — YOUR RIGHTS this statement. The Consumer Credit Act 1974 covers this agreement and lays down certain requirements for your protection which must be satisfied when the agreement is made. If they are not, we cannot enforce the agreement against you without a court order. The Act also gives you a number of rights. You have a right to settle this agreement at any time by giving notice in writing and paying off all amounts payable under the agreement. If you would like to know more about the protection and remedies provided under the Act, you should contact either your local Trading Standards Department or your nearest Citizens Advice Bureau. By signing this agreement, you and any joint account applicant confirm you have read and accept the cahoot account terms and conditions, a copy of which are enclosed. The agreement will only be binding on us when you have signed and returned the agreement to us and we have completed our final checks. This is a Credit Agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms. Signature of first named customer Signature of second named customer (if any) Date(s) of signature(s) Signed on behalf of cahoot, a division of Abbey National plc Initial creditor Date Day Month Year
  5. Ok, I'll look into getting these scanned and posted. OC is Santander (formally Cahoot flexi-loan), the DCA was Apex (but they closed my account and referred to OC when I asked for the CCA), so the loan I guess is currently sitting with Santander collections dept. The amount is around 10k.
  6. I got the CCA and a statement covering 2010 back in June, didn't hear anything after that. But last week I got another statement (again covering 2010 only), but no demand for payment. I checked all the points on the CCA and it looks ok.
  7. Thanks, this may be what I need to buy me some time. I need to keep them at bay few months while I deal with another creditor.
  8. I want to avoid a CCJ on an account I defaulted on, but need to buy myself some time (6 months to deal with another higher priority debt). The default was 5 years ago, and I was paying a monthly amount until earlier this year when I CCA'd them (CCA looked ok, statement of account did not), I've not had any demands from them since then. Is the next thing I'm likely to get from them a CCJ, or should I expect some warnings first?
  9. The CCA I got from Santander looks legal to me, but the statement of account they sent me looks rubbish, and it only covers this year. I've been paying them a fixed monthly amount for 5 years through APEX, and I never received any statements showing these payments and the amount owed reducing month by month. I did receive annual statements of the balance outstanding during these years, but the amount they say is outstanding now, and what I think it should be are different. Is failure to provide proper statements enough to put the account 'in dispute'? I see template letters about CCA issues, but none regarding statements. Should I write to Santander and demand proper statements for the last 5 years (should take them a while given it was originally a cahoot loan, dealt with by APEX)? Would they be able to CCJ me before they've provided these? Many thanks,
  10. Many thanks for all the replies, it looks like there are some different thoughts on this. It might be better to break it down into two issues: the default notice letter, and the default notice on the credit file. The default notice letter: In my experience I have received multiple ones of these from the same creditor, all advising me of x number of days to remedy the situation. The Default on credit file: As mentioned before, I have one of these from 5 years ago, and it'll drop off my file next summer. Since the debt is still not settled, and regardless of how many default notices LETTERS they may send me, can they put a new default on my file? I would hope their only next option is to go for the CCJ. I'm going to contact experian myself with this question (got to get something from my £8 a month creditexpert subscription). I really need to get a definite answer on this, as it will be a big influence on my whole strategy here.
  11. Thanks all, and I guess they could in theory go straight to CCJ and give me no opportunity to prevent this? Is this likely? I'm trying to keep santander at bay while I throw all I have at a higher priority debt, and don't want them rubbishing my credit file in the mean time.
  12. That's great, so they only thing they can do is put a CCJ (which I can hopefully fend off). I've already go a copy of my statutory report from all agencies, and am also signed up to creditexpert - which is a ripoff by the way. I wonder what my file will say next summer, when the default is gone, but there's still this mysterious outstanding amount to Santander.
  13. I have default on my credit file from santander (cahoot) from 2005, the debt is still not settled though, and it's likely I'll still be on a payment plan with them for several years. Since my default will drop off my file next year (it'll be 6 years), are Santander allowed to put new default notices on my file (for as long as I'm not making normal repayments and have interest frozen)? Someone told me that if they wanted, they could put a notice on my credit file every month until the debt is settled - this will be quite annoying considering I'm 6 months away from being default free.
  14. Nearly six months ago I cca'd Apex (who I'd been paying for years for a cahoot loan), they replied saying they were closing my account with them and referred me to Santander. I CCA'd them and after a couple months got what looks like a valid cca for my cahoot flexiloan (taken in 2001), and a statement of account which bizarrely shows the debt outstanding of £0. At the sametime I noticed an update on my experian file, showing 10k outstanding to Santander (this loan wasn't even on my file until I cca'd them). It's been months now and I've not heard anything from them, I can't understand why they are not pursuing this. I've not made a payment to them for 6 months (when Apex said they were closing my account). Should I contact them to try and sort out a repayment plan, or just keep waiting for them to come to me? I would like to have a bad but improving credit file rather than a permanently bad one (which is what I have at the moment with this 10k there).
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