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Let Them Knock

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Everything posted by Let Them Knock

  1. Wiser heads will be along soon to advise you. In the meantime, do not speak to anyone by telephone - keep everything in writing. In your position I would: Stop paying. Why pay something you may not owe? It happens. Request a copy of the Consumer Credit Agreement relating to this debt under section 77 of the Consumer Credit Act. Request a full statement of the account (you should have been receiving statements anyway). Why? Because you really need to determine is this is a legitimate debt, if it is enforceable and how much you owe (if anything).. You need to know wh
  2. Some people have a genuine fear of providing a signature because they are worried it will be lifted and used elsewhere. As Brig says, this is a bit of a myth where banks are concerned. However, you could always sign and then make a slight alteration to your signature. Enough so that you would spot any attempt at forgery but not so much that anyone else would notice it.
  3. In summary, take your time, keep a paper trail. Only communicate in writing, NEVER by telephone. Report back here for advice as you progress. Good luck.. All the above in my opinion but it has all worked for me.
  4. The rules are here: http://www.oft.gov.uk/shared_oft/consultations/OFT664Rev_Debt_collection_g1.pdf and this seems to be your bit: 3.3.(k) ignoring or disregarding debtors' reasonable requests in respect of when, where and how to contact them Write to them firmly - no requesting them, tell them. Quote the OFT Guidelines in your letter.
  5. This could be a reconstituted agreement to satisfy your s.77/78 request. If so it doesn't require your signature. They can simply fill in your details on a blank form providing they have the information to do so. You should have received more than just the agreement though. There should be terms and conditions with it unless thay are all incorporated in the agreement and there should also be a signed statement of your account. Of course, taking the matter to court will require more than a reconstituted agreement. Worth checking that it is actually an agreement and not just a card
  6. They cannot repossess without a court order if over one third is paid. This info will also be in your credit agreement which should show the actual amount that constitutes a third. With a court order, I don't believe they have to instruct a bailiff but can do it themselves (that certainly was the case a while ago).
  7. Dear Sir, thank you for your recent letter informing me you have misplaced my previous letter. Unfortunately I have now misplaced your letter, please can you send it again? Jam Buttie :-D:-D
  8. From the link to the report: Paragon had made a without prejudice offer to Mrs Plevin back in 2010 on a commercial basis simply to see an end of the litigation Beyond that it was all down to the greed and incompetence of the lawyer.
  9. The SB clock starts ticking from the day you missed the due payment. So an agreement payable monthly would, as already said, start after one month. An agreement payable weekly would start after one week.
  10. They must apply to the court. The court will inform you and give you a chance to defend the action.
  11. I saw this happen with a car HP agreement some 15 years ago where one of the joint borrowers was only 17. The outcome was the debt was written-off and they kept the car.
  12. Standard practice with NatWest. Now you have replied you will probably start getting all sorts of odd letters from various departments. Eventually they will send you some very basic information and a letter saying other departments will send information separately. They really are useless at SARs - mine went 3rd October and the first pretty useless bits arrived last week.
  13. Good luck, keep your head, you situation doesn't sound too bad to me. Follow the advice you will be given on here - we are all on your side.
  14. Regardless of the rights and wrongs of providing a signature what I did was... Sign with a slightly amended signature so that if it is subsequently copied (most unlikely I think on a SAR) you will know and be in an even stronger position.
  15. IF your tenancy is since April 2007, and your deposit is not held in accordance with the Tenancy Deposit Scheme, take him/her straight to court. The judge WILL find for you and MUST award an additional payment to you of THREE TIMES the deposit. Google 'AST deposit', there is a lot of info out there.
  16. Tricia, I am sorry to read of your current plight. I know how everything can get on top of someone, especially when it all seems to come at once. Let's remember: 1. This is mainly money problems. There are many people out there with terminal illnesses who would gladly swap positions with you. You will not starve to death or go to jail - those days are long gone. The only physical damage you will suffer is that which you inflict on yourself through stress and worry. 2. No one is expected to pay more than they can afford. There are a lot of experts on here and you will get some g
  17. I am assuming the agreement is HP or Credit Sale. In Scotland it can be argued that a creditor would need a court order at any time to repossess (taken from www.monetadvicescotland.co.uk) Under Scottish common law, it could be argued that it is illegal to take your car from the road without a court order. (taken from National Debtline site). I didn't work in Scotland so I am not a good source for you. I suggest you do a bit of Gooling to satisfy yourself on the above or perhaps someone more knowledgeable will reply to you. Good luck
  18. OK, thanks for that. As you are still paying I see no harm in replying that you do not accept the interest rate hike. That will, at least, stop it going up and you don't use the card anyway. Get a CCA request off to them straight away using the template letter in the CAG library. You might get lucky and they may have 'misfiled' it. If they comeback with one, post it on here and get advice as to its validity. Certainly SAR them if you wish - it will cost you £10 but may be worthwhile if PPI is in there. Has this debt been defaulted (I assume not)? If so, when? If you do
  19. Just a quick word of encouragement here. Don't worry about enforceability of a CCA until you are sure one exists. I recently CCAd RBS on a personal loan taken in Nov 2005 - they replied that the CCA was 'misfiled' and not enforceable until it was located. (With RBS, misfiled usually means shredded). Good luck
  20. No doubt wiser heads than mine will be along soon, but in the meantime... Don't go off half-cocked and start writing things you may regret. Please get some advice here first. For the time being..... How long is it since you made a payment or admitted the debt in writing (how far off being Statute Barred is it)? I appreciate your post suggests you are currently paying this. Have you made a CCA request (is the debt actually enforceable)? Some of these 'passed-around' cards don't have valid agreements. Have you had PPI on this card (if so, was it mis-sold and reclaimab
  21. You are quite right. Many people who slip-up was a couple of repayments are not in a position to rectify things quickly. I know (from my time connected to this type of business) that staff are often targeted on specific current 'problems'. One month it may be consistently late payers, another month it may be early defaults, etc. It depends what area is potentially a problem, usually determined by overall accounts analysis. It makes for an inconsistent approach to dealing with problems. The reason I say 'look after your payment receipts' is that these companies have millions of poun
  22. Well done, 3 down and 3 to go. Without a CCA they cannot take you to court, all they can do is ask for the money. Once you have achieved 6 years without making payment or admitting the debt in writing it will be statute barred and you have won.
  23. Vehicle repossessions in Scotland need a court order, unless you are silly enough to hand the car over on 'request' in which case the finance company will argue it is a voluntary surrender. It is most unlikely that they will go to court with no arrears on the account as you have rectified the breach and they have accepted payments (even if they didn't know they had). IF it did go to court, I cannot imagine a judge make a repossession order if there were no arrears on the account. I think you have done the right thing. Just make sure you keep proof of the payments you made. All
  24. I sent two letters to NatWest Credit Card at Southend. Neither ever showed delivered on Royal Mail but both were. I think some places that receive bulk deliveries don't show on the tracking system.
  25. Had a bit of time today to look carefully at the reconstructed CCA from NatWest Credit Card. There is a £5100 balance and it is being paid under a self-administered DMP. The default is over 6 years ago. The CCA does not take the form of an agreement (as I would recognise one), but is six pages long with personal detail only on the first page, the rest being T&Cs.. Anyway..... Today I unearthed some early statements, including the first one from 1998. The CCA they sent says 'Credit Limit: £4,500 - the statement says £2,750. The CCA says APR: 21.9% - the statement sa
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