Thanks Maverickman, your a star!!!!

Also this might help too.... http://www.oft.gov.uk/shared_oft/reports/consumer_credit/oft786a.pdf

Hi HAK See post number 62 in this thread http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/119564-halifax-platinum-cca-4.html Might help you...... Anita

car2403 can you help me? A few posts ago we talked about interest rate missing from agreements but APR being shown instead. Do you have an updated s60 from the 1983 regs or more clarification of the percribed terms particularly the interest rate? I need to get my letter done in the next couple of days, and I'm a bit stuck, and they are expecting another payment at the end of next week, so they inform me!!!! I've spent ages looking for the 1983 regs but they seem hard to find.

I also need a more upto date version of section 60, so I know what the prescribed terms actually are, for this APR/interest argument I mentioned earlier in this post. I think both are in the 1983 updated act but I can't find a copy!!!!!

I found this too. Very enlightening!!!!

Great! Thanks for your advice. I'm going to put it in my letter regarding the interest rate and see want I get back from them. I can only but try...... I may try with a second agreement I have that is missing the interest rate too.

The agreement is meant to be from 2001...... Do you think my assumption would be correct that without the interest rate on there the agreement is unenforcable without a court order? I just want someone elses slant on it before writing back. Obviously they have already sent me this supposed agreement and so they have already stated this to be THE agreeement so any further amendments (were I to point it out) could be frowned upon?

Hi Chris I noticed that the agreement has the APR quoted but not the interest rate. I know the CCA states that interest is a perscribed term. Does this also add to making the agreement unenforcable without a court order?

Hi Everyone. I have had a copy of a credit agreement sent to me that I'm sure is reconstructed. I don't really want to say why openly on here but I will PM if details are needed. Its not a photocopy or a micro-fiched copy, well it doesn't have any obvious signs of being. It also doesn't have any signatures or dates and it doesn't look like they have been covered up. Where would I stand on this in challenging the agreement?

Where do companies stand with regards to reconstruction of default notices? I received a copy from Barclaycard and I'm almost 100% sure its been re-constructed due to the supposed default being in 2002 and the copy default notice they sent me has the date 04/04 on the bottom. The content also rings alarm bells, in that its very different to what I expected it would be. It also has a different registered address printed on the copy sent to me from what their registered address was in 2002. I also had a NatWest one that appears to be reconstructed. Is this allowed?

OK thanks. I probably won't bother following the learnmoney site. It seems to be too good to be true. Will stick to here I think!

Bump any advice?

If they change things they should give you a resonable notice. I certainly don't agree with what Egg have done though!!!! I had the same chat on the phone with Capital One about 97% of the spending power. I was told by a lady when I phoned up to discuss my direct debit that I shouldn't be spending right up to my limit she recommeded keeping 5% under the limit!

Personally I think this is a good thing, I don't want to be allowed to go over the limit and then be charged. If my purse is empty I can't spend! A credit card and bank account should be the same. It always used to be this way and then all of a sudden they realised the money they could make.....

Its an odd one.... Yes the account has been defaulted and terminated, its with Metropolitan but I think they are the inhouse DCA for HSBC. How its odd is that I had a current account with them. My credit report shows a default on the current account that had OD but I 100% know I didn't get a default notice for this current account. When I CCA'd them for the current account, I even used the current account number, I got back the CCA for the loan which has a different account number. I queried this with them but haven't got anywhere with it, just a load of rubbish about them using my current account as the linking account for accounting purposes. Personally I think they have lumped the loan in to the current account and passed it over to the DCA to avoid having any responsibilities under the CCA. They have refunded £70 of PPI on the loan already. There were loads of penalty charges on my current account, but I left it too late to do anything about these. I don't actually know what I can do. I was hoping the agreement was unenforcable.

They are a joke....... I don't understand why they can't just increase your OD to cover the CCJ payments as they are pretty important. Do they know about your CCJ's? Although I work now I can't begin to consider what it would be like to give up my job to go back to uni, I just wouldn't cope. I had to work part time to cover costs as I was in the same situation, travelling for up to 4 hours a day to study. It used to cost me over £10 a day! I have to say with having to work part time I didn't get me a great grade.

Hi This is the template I used, just amend it to suit. I've been successful on a few PPI claim backs, but for the time being its only been small amounts, its proving harder with the larger amounts. [bLUE BRACKETS]: REPLACE WITH THE RELEVANT INFO [RED BRACKETS]: JUST FOR INFO – SO DELETE [insert your name and address] [insert date] [insert name and address of company that sold you the loan/card insurance] Dear Sir or Madam, Re: Account number: [insert account number] I purchased the above policy from you in [insert date] but now believe that I was mis-sold this policy for the following [select from reason / reasons]: · [use this section if self-employed, unemployed or retired or delete] This is due to the fact that I [select from was / knew I was soon to be] [select from self employed / unemployed / retired / over the age limit] when I took out the policy and [select from I made this aware to your member of staff / your member of staff did not ask me about my employment status / age] when the policy was sold. · [use this section if you had an existing medical condition or delete] This is due to the fact that [select from your member of staff did not ask me about any previous medical conditions / I informed your member of staff that I had previous medical conditions but they did not inform me of the effect this could have on the insurance] when the policy was sold. · [use this section if you had a general health problem or delete] This is due to the fact that having now read the terms of the policy I have noticed that the medical condition of [insert condition you hold] is not covered and [select from I informed your member of staff that I had this condition but they did not inform me of the effect this could have on the insurance / your member of staff did not advise me of potential exclusions] when the policy was sold. · [use this section for lender who has already been fined or delete] This is due to the fact that you have been fined by the FSA for failing to treat your customers fairly when selling Payment Protection Insurance and I do not believe that my policy was sold in my best interests. · [use this section if you had a single premium policy or delete] This is due to the fact that I paid a single premium for my policy but did not see it through to the end of it’s initial term after [select from paying back my loan earlier than planned on the [insert date] / cancelling the insurance before the end of my loan agreement on the [insert date] / a change in my circumstances meant I was no longer eligible for the insurance from the [insert date] and I informed you of this at the time]. · [use this section if you have previously failed to cancel your policy or delete] This is due to the fact that I contacted you on [insert date] and you informed me that I could [select from not cancel the policy / only cancel the policy if I took out a new credit agreement]. As the FSA has now stated ‘no refund’ terms are considered unfair I would like my original cancellation request to be honored [use if relevant or delete and any fees incurred as a result of taking out a new agreement to be refunded]. · [use this section for general mis-selling or delete] This is due to the fact that I was not given the correct information when the policy was sold to me, as [select from your salesperson stated / implied that taking out the policy would assist my credit application. your salesperson was very pushy in selling me the policy so that I felt I could not say no. your salesperson did not tell me that the policy was optional [use if relevant or delete and I have since realised that I have alternative insurance cover. your salesperson stated / implied that taking out the policy was essential for me to get the associated credit [use if relevant or delete even though I informed them that I already had alternative insurance cover]. your salesperson did not give me full information on what the policy would and would not cover [use if relevant or delete for example that the loan only covers/ed the first five years of my loan term]. i am concerned the sales assistant that sold me the policy has no financial background and the policy was not sold in my best interests. having recently looked at the paperwork for my loan / credit card / store card I have noticed that only [insert name person covered by the policy] is fully covered by the policy and [insert name of person not covered by the policy] is [select from not entitled to claim for all sections of the policy / is not covered at all], when I was informed / led to believe that all parties were equally entitled to the insurance cover. having recently looked at the paperwork for my loan / credit card / store card I now realise that I have been paying for insurance that I did not know I had taken out so could not have been explained to me.] Unless you can satisfactorily justify to me that the policy was fair and reasonable I am requesting a full refund of all premiums, and subsequent interest on these payments, that I have paid to date. As I believe I have been deprived of this money I also expect 8% statutory interest, the amount a court would award, to be added to each payment made. I look forward to a full and prompt response to this letter and for the matter to be concluded with eight weeks or I shall be contacting the Financial Ombudsman to investigate my complaint. Yours faithfully, [insert signature] [insert your name]

Get your mother in law to send them a S.A.R. for ALL the information they hold on her. If you want to be more specific say relating to the PPI insurance. They should send you copies of the call recording. You can find a copy of the S.A.R. letter in the Bank Templates thread, just amend it to suit your situation but make sure the bulk of the letter stays the same. You'll need to send £10 to pay for this though. I have a copy of my CCA so I just asked them to send a copy of the call recording under the s7-9 of the DPA. I'm waiting to hear back....

Oh and keep your head up, it'll be ok in the long run

Hi Gyzmo Abbey have gone down in my estimations (I wanted to say something stronger but thought I might get in to trouble). I have just closed 2 of my 3 accounts and the 3rd one is going soon when I clear the OD. I ended up like this just after completing my degree and my credit rating is a shambles and I have a CCJ too. But it was still worth it, as I earn more now than some people I know in the same job who don't have the education. Go to Lloyds and get a basic account, no OD, no cheque book etc. If you go over your limit they give you until 3.30pm on the same day to pay in funds to cover it and they won't charge you (I think NatWest do the same). The online banking is soooooo much better than Abbey's too. I've got into the habit of checking mine first thing everyday and its been good for me so far.

Thanks mrmarmite.

This is what I told them but I just got the letter in the PDF in my first post from their solicitor stating that there doesn't need to be a signed agreement for processing of my details with the CRA's.

It was in 2003 for around £400 but I paid it back by arrangement. I paid the final amount in 2005. What I'm getting at more than anything is the fact of what is considered consent when it comes to DPA and processing of data. They state they don't need a signature to enable them to process my details with CRA's but I think differently.

Negative payment history. I'd like to get shot of it due to wanting to get rid of a sub-prime mortgage and move to a high street one at the end of this year.