Just by chance I checked my credit card statement and noticed that a company called CPP had taken a payment. I had no idea who they were as this is a 0% card which I dont make purchases on.

The short story is that I contacted HSBC who told me to call CPP. After lodging a complaint as I didnt know who CPP were and asking them to cancel the policy I received a letter today saying I should contact Barclaycard as it was them who apparently sold me the policy and to assess if I am due a refund.

Apparently I agreed to this policy in 2010, I have no recollection of CPP or any type of card protection as I know it isnt needed. At this time I was at a previous address and CPP stated that they had sent me a renewal each year but to my old address and it was my duty to inform them if I moved. I have no idea how I could inform them if I didnt know that I had a policy or even if I did I would have thought it was through Barclaycard and not CPP.

Now if I did purchase this through Barclaycard and they used CPP for the product surely it would have been Barclaycard who should have informed CPP of the address change when I moved to my current address as I wouldnt have known that it was CPP providing the service.

Im now prepared for a to and fro between the two

Received a letter today from TBI stating that the original lenders are unable to provide a copy of the original agreement and the account has been closed.

Many thanks to all who helped point me in the right direction, shame I didnt act sooner but it still feels like a victory.

I guess if they have a legitimate claim they'll have my address and write, don't owe any utility companies anything AFAIK.

So just to ahead with the CCA as planned I guess. Had a call from Buchanan Clark and wells about some utility company, asked me to confirm some details for security but flatly refused until he gave me more info, he just put the phone down.

I got a head cold so my mind is running on gibberish

Just been reading up on statute barred and it would appear that as I have made payments recently this debt is not statute barred. anyone clarify this?

May or may not be of interest but the new reference/account number they provided is oddly similar (as in incorporates) the old account number from Merit. Hmmm....

Ok, received a letter today from TBI Financial Services in Reading stating

We are writing to inform you that, by an agreement dated xx November 2012, Merit Finance Ltd sold and assigned all of its rights , title and interest in, to and under, italia , your above agreement and any related security to TBI Financial Services ltd

Then goes on to say all payments due to them and that they have enclosed a payment form etc, etc.

Should I send them a CCA request the same as Merit?

Thanks

They must be doing the rounds at the minute, got a text from them as well today. My "debt" from MeritForce has apparently been passed on so Im guessing theyre something to do with it.

Received a letter from Merit Finance today containing the following

Dear Mr Someonenew,

 

Please note that on the 30th November 2012 your account was assigned to TBI Financial Services LTD, 1st Floor Robert Cort Bldg, Elgar Rd South, Reading, Berks RG2 0DL.

You would have received a Notice Of Assignment from them.

As they had my previous address at the time this may well have been the case but they stated the previous address they were sending correspondence to as my parents, who AFAIK have received nothing. A quick google of TBI brings up nothing but forum posts about them in the same way as Merit Finance seem to act.

Any advice is appreciated

Nothing else has turned up so the dispute letter is on its way.

Dear Sirs,

 

Account No: XXXXXXXX

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On **DATE** I made a formal request for a true signed agreement for the alleged account under the Consumer Credit Act 1974 (s.78). A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on **DATE**.

(date = 12+2 days after you sent the CCA request - delete this text)

 

The document that you are obliged to send me is a true copy of the executed agreement that contains the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in s.61(1) of the CCA(1974) and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore; you should be aware that the Consumer Credit Act allows 12 (+2) days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware s.77(6) states:

 

"If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law"

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested, any legal action you pursue will be averred as both unlawful & vexatious. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under s.10 of the Data Protection Act (1998) to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 30 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 30 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 30 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

 

I would appreciate your due diligence in this matter and look forward to hearing from you, in writing within 30 days.

 

Yours faithfully

Found this on another site, with a bit of editing to my situation I'll use this unless its out of date. Only sending after the 12+2 has expired just in case anything shows up after.

Account in dispute/failure to comply with CCA request.

 

Simple letter by recorded delivery to the compliance manager.

Ok. So just simply stating that or anything else?

Received a letter today from Merit Finance LTD simply stating the following.

"Please find enclosed for your attention a statement for your account"

Obviously with the statement. Nothing related to finance agreements etc.

Next step?

12+ 2 working days so weekends are not included nor are bank hols.

So in other words 14 working days. I make that the 22nd January, correct me if Im wrong.

Just checked with Royal mails tracing and it says delivered and signed for.

Is the 12+2 12 normal days including weekends + 2 working days?

Need to work the date out for whatevers next

Letter sent now anyway. Is the 12+2 days from the date the letter is sent or from when they receive it?

OK hopefully this will clear it up. Originally it was MeritForce who contacted me then after about a year, poss 2, Merit Finance contacted me saying I owed the debt to them. I stopped all payments as the back and forth between the two became ridiculous. MeritForce then conceded that it had now been moved to Merit Finance who the payment has been going to ever since.

Not a problem, hardly a kings ransom but ive found out more in a few posts here than weeks scouring the net on my own. I'll post back what happens when I find out more. Happy New Year to all!

Duh! Forgot about postal orders. Thanks for the info I'll be donating to the site.

payments have been stopped since the bank said it got refused. Sounds daft but how do you pay the £1?

AFAIK its been a standing order to

Merit Finance Limited

PO Box 7391

Hook

RG27 7JG

Under "Credit Agreements" has nothing but bank and credit card etc. No mention of Meritforce or Merit Finance. Right section?

Ok, in with Equifax. No idea what Im looking for to be honest. Payments are being made to Merit Finance

signed up with experian and it wont let me log in, something else to deal with. signed up with Noddle and get a 3/5 score with no real alarm bells ringing. Anything specific to look for. Thanks for the Noddle tip.

I have no idea if they have my current address, been back in the UK for about 3 years and moved since I last contacted them.

What am I looking for on my credit reference?