I didn't say otherwise. But we bow have two opposing ideologies on how to get out of the mess. IT concerns me when you say that by dismantling the welfare state, employment protection etc we will be able to fight China and that politicians are highly intelligent and know what they are doing....that would see to suggest a conspiracy

There are as many views on economics as there are shades of grey. I can not work out if you are pro or anti this government. However on the basis of politicians being highly educated and do not make mistakes of this magnitude are you saying Labour did it deliberately. They certainly knew it was coming long before it did

If i were you I would send a CCA request for the loan and credit card and see what they send back. IF they don't have the agreement you can feel safer

Worried

Have a look at the benefits advisor website

http://www.direct.gov.uk/en/Diol1/DoItOnline/DoItOnlineByCategory/DG_172666

You can add in all your details, what benefits you get what you rent is, what the |LHA is etc and it will tell you what you should get.

I owe about 2.5K . According to my credit file it was opened 24/9/2005.

I am sure there are some charges etc but am not sure. No PPI I don't think

It was last paid when I sent the CCA request off about 5 months ago now

I can not remember if it was a signed application or an online one with a tick. Does that make a difference

This one was from sometime in 2005 but I can not understand the dates on the form they sent me as they do not seem to add up

I have googled this and the bill in question is still in the house of lords. The next stage is the lords committee

http://services.parliament.uk/bills/2012-13/localgovernmentfinance.html

So it would seem that is not yet a done deal so is anyone doing anything about it?

Just a thought, if I do that it gives them a chance to put it right. If I do nothing and they try to take me to court then I can defend and they will be stuffed or is that wrong?

Thanks, that is what I thought but not being an expert needed an opinion. What would you do next?

Bump....has anyone gt an opinion?

[ATTACH]38575[/ATTACH] [ATTACH]38575[/ATTACH]

Here are a DN and a termination notice.

Trying to upload one but not working sorry

Hi Sandy

A default notice is when they write to you telling you you need t pay x by x date. I will try to find an example that I can post, give me a day or two

I would add, just to cover all bases. When did you take out your loan and credit card, I assume that you have defaulted on them so do you have the default notice and maybe a termination notice. Theses could affect what Cabot could do.

For example I believe that if they have terminated your agreement based on a defective Default notice, all they can claim back is what the arrears were at the time. I may be wrong and someone will correct me if I am.

You asked what they could do and the Brigadier ahs told you. However that is what Lloyds could have done as well.

If it was me I would continue to pay the arrangement but pay it to Cabot . I think short to medium term it is highly unlikely that they will take any action.

Also before they can get a charging order etc they would need to obtain a CCJ which you would then have to default on

Here is what Amex sent back as my CCA request

[ATTACH]38479[/ATTACH]

The only issues I can see are 1) There is a CCJ in which case it will never be SB although they might have trouble asking a judge to enforce it after so long

2) There is some payment on the account in the last 6 years in which case you just need to ask them to prove where the payment came from

Surely if the debt has been assigned /sold to DLC then it indeed is DLC you should be paying. Aren't DLC the collection arm of Hillsden securities?

If I have confused the issue then I am sorry but I don't understand.

As for scotcall send them a letter saying that they may not make an appointment , if they do turn up they will be committing trespass for which you will claim damages and call the police. I am sure there will be a letter template in the library

Removed, I will get there at some point

[ATTACH=CONFIG]38431[/ATTACH]

This was the response to the Amex CCA request.

It was done online but I am not sure when

Do not worry about the bank details showing as they are non existant now, I have changed banks

What are peoples opinions?

Thank you, I will start as soon as possible with my American Express one, I need to work out how to scan it without stuff to identify me and post it

A lot has changed over the last 2 or 3 years and whilst there might be some "unenforceable" documents out there - it would be a foolish cagger who suggested that you didnt pay.

 

Yes, there are Halifax Accounts (preference accounts) that are almost certainly unenforceable because they are multi agreements without the prescribed terms for all 3 contracts on the one application.

 

Some HSBC credit cards taken out around 1998 were sent out with debit cards with NO agreements in place.

 

There are probably a lot of agreements that are not enforceable - but mostly until you stand in front of a judge you dont know whether or not he/she is going to agree with you.

Thank you for that, even though it is not what I want to hear. I hope that things do not get before a judge but as I really can not pay I will have to find some way round it. Looks like another sleepless night for me . Maybe with some help I can keep them at bay for a while until I start to get better . If I post some agreements up will people pass opinion on them?

Just to apologise if posts have got duplicated. Before I started talking about my debts I wanted to know if the view on here had altered hence my thread http://www.consumeractiongroup.co.uk/forum/showthread.php?365531-CCA-1974-and-S77-79-requests

Once I knew I could get help here I have been a bit more open but some of the posts have got double posted for example knowing about statute barred etc.

Just noticed, what do you mean by not paying JW? I confused

nowhere on this thread have i mentioned anything about not paying JW

 

dx

DX I know you haven't mentioned not paying, it is me who is trying to find a way out of the mess I am in. If I can find some of these debts to be unenforceable then I will stop paying them as I have no money, if they are enforceable I will have to try something else but maybe if it is just a couple then I can manage to pay them. That is why I was asking about SARs and why only CCA request those that show on my credit file. It's to late anyway as I have cca'd all of my creditors.

redbat, you seem to be pretty clued up about CCAs, etc.. so not sure what exactly you are asking us to help/advice on ?

 

 

Perhaps you could clarify..

Citizen B , there is a whole lot of conflicting information out there on what is and isn't enforceable. Only today I read a post on here where someone said no signature=unenforceable and someone else said it wasn't required. When you are stuck in the house pretty much all day every day through disability you do a lot of reading. So yes I may know some of the general basics what I need from this site is help in working out what is and what isn't enforceable For example I have something from american express that to me looks like rubbish but may be enforceable I do not know. As soon as I get to a scanner I will scan it and post it up and see what you think

Thanks Dx, I understand the bit about 6 years from default but if I have been paying it so it is not statute barred I can not just stop paying or they could try to take me to court. That is why I was wondering if I should cca them as well