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lessmoney

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About lessmoney

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  1. Hi all We have had a letter today a threatogram in the form of you have 7 days to respond to our letter and fill out an income/ expense form for there client from Restons. They have a CCJ on my name and also have a charging order in place (restriction) on my home. Yes I do agree this must be a case to get more money from you. However I will stick to the court order to pay what the district Judge has set. I will be 126 years old when the last payment is made if we live that long?.
  2. Hi i am no expert but this account from 2001 is pre 2007 (April) if this cca complies with the prescribed terms or is it enforceable or not ? For a credit agreement to be enforceable in a court of law it must contain a number of prescribed terms. If any contract is missing any of these prescribed terms then it can be deemed ‘unenforceable’ and the debt cannot legally be collected by the lender. In section 127(3) of the consumer crediticon Act 1974 it clearly states; (3) The court shall not make an enforcement order under section 65(1) if section 61(1) (a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner). Here is an overview of the requirements of section 127(3) of the Consumer Credit Act 1974. For a credit agreement to be enforceable it must contain the following prescribed terms; 1) Amount of credit There must be a term on the agreement which states the amount of credit which has been issued 2) Credit Limit The agreement must include regarding a credit limit or if a credit limit is not required (i.e. in the case of a loan) 3) Repayments The agreement must contain information on how the debtor is to make repayments. This could be in the form of any of the following points; a. Amount of repayments to be made b. Date the repayments are to be made c. Timing of payments d. Frequency of payments e. Total number of repayments (For instance, when a loan is required) f. The power of the creditor to vary any of the above mentioned f. The manner in which any of the above is to be determined. 4) Rate of interest There must be a term referring to the rate of interest to be applied to the credit agreement Credit Cards; If you have a credit card then sections 2, 3, and 4 apply to you. If there is a reduced settlement at this stage it maybe that the account is unenforceable and they are trying it on seek advice
  3. They won't bleed me dry ! we will not pay a penny as we have been here before it was sold to these clowns and was told it was also awaiting documents that's why they got rid of it.
  4. Had Robinson way reply today and say . Further to your request for a copy agreement on the above account , we are unable to obtain this from the original creditor as this request must be formally made to us in writing. please accept our apologies for any inconvenience caused by us not informing you with this requirement at the time of your initial request. If you still require the agreement please submit your request in writing to us at the address above and we will process it as quickly as possible. Please note that the £1.00 fee normally required for a CCA request will be waived on this occasion. In the meantime we have placed your account on a 30 day delay to allow you enough time to submit a written request. If we do not here back from you within this time we will assume you no longer require this information and your account activity will resume. WELL HOW DARE THEY SEND THIS sent CCA off in oct 2015 and they have had the fee £1.00 cleared. They are playing with me and think I will give in, this is just a joke sent off two reminders as they are in default of the CCA request and now we have sent a new request off and a copy of the first one we sent out in October and a copy of payment sent also, lets see now what happens as this seems to be a game of lets drag this out for as long as we can and see if we back off. That will not happen .
  5. Had Letter today from Robinson Way "we are still awaiting documents from Barclaycard" That's normal if they find the true signed agreement. : will update when next letter arrives. we also notice they have done a credit search on me also last month to see if we are a worth while investment I suppose?
  6. still no response from my last thread and now sent a final reminder to prove a true signed copy of agreement can be produced they may reply just have to wait.
  7. Had a response today, Robinson Way Have said they are requesting the documents from Barclaycard and have put the account on hold for until further notice. lets see if they can produce this
  8. cca requested not cpr as stated earlier "thanks havinastella"
  9. Had reply today from Robinsons and Way No minimum payment required we have over 300,000 people paying us pay what you can afford! Very odd no CCA requested documents and no letter of agreements. Also used my £1.00 fee to reduce the outstanding balance>!!Told them not to do that in my request letter, so they will say I have acknowledged this debt? sent letter today stating they are in default of the CCA request and lets see what happens next. IT SEEMS THEY HAVE IGNORED MY REQUEST.
  10. I have the same problem (Cabot /Restons ) they obtained a CCJ on me in December 2014 and because they were granted this in court they went for a charging order right away after which is now a restriction on our home. Restons are ruthless hard people to deal with and do not negotiate. I would seek legal advice here as this happens too often due to the law changing in 2012 on charging orders.
  11. just a thought, why would MKDP sell this debt on to this bunch - could it be that it is unenforceable, MKDP must have spotted something and ditched it as quick as they can
  12. you should use tamper proof signiture holigram stickers that's what I do they cant copy it or take it off
  13. Update sent of CCA request today lets see what happens here? they still need an enforceable cca to take you to court for a ccj
  14. I noticed this also, as I have had a letter from Robinson way today, regarding an old Barclaycard account from pre 2006 and was sold on to mkdlp in 2012 I think, and has just sat with them all this time, must be something wrong for them to sell this to Hoist Portfolio Holding 2 Ltd (HPH2LTD). I heard that barclaycard did not have any original signed executed credit agreements saved or stored then. so they must be unenforceable?
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