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slick244

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  1. Sorry above post should read, Account was defaulted over 5 yrs ago. There a little over 10 months until the 6 yr point. Slick244
  2. I currently have an account in dispute with Cap 1. It has been handled by numerous agencies over the last few years. I CCA'd each of these and was sent an application form and nothing else, then it was the usual routine of agreement not valid, Oh yes it is/Oh no it isnt, we'll take you to court/see you there then. I then stopped corresponding until they (Capquest i think) started harrassing my mother who i havent lived with for 10 years. I sent out the harrassment letters and this stopped and then approx 5 months ago the account made its way back to Capital 1. There has been no contact since and the account was defaulted 11 months ago. Has anyone had any experience of this? Should i expect some sort of action from Cap 1 as the 6 yr point draws closer. Many thanks. Slick244
  3. I have just checked my credit report with experian for the first time in about 6 months. The number of defaults on my account have doubled and along with my level of debt. For some reason there is two of everything. My loan for just over 15k means that it now looks like i have a 33k debt?! Any ideas on what i can do about this If this has looked this way for the last few months??? Thanks.
  4. I have received a letter from credit solutions limited titled Final Warning. They say they will no longer accept the conduct of the account and will issue court proceedings if i dont clear the account in 7 days. They tell me not to write to them as the time limits are now strict and to ring them only. I have had a few letters before this one telling me i can make a big saving if i contact them and arrange to pay something but i have just replied with a CCA request. They somehow got hold of my Mums phone number (i havent lived there for years) and were ringing her at least 3 times a day. This has now stopped after a harrassment letter was sent. Is there a letter i should now regards court action?? Are they just trying to bully me into ringing them? Regards. Slick
  5. Hi. I have read the responses in this thread with interest. Can somebody confirm to me that my account defaulted in august 2005 will drop off my credit file in August 2011? I ask this a i last made a payment on the account about 8 months ago. I have requested CCA since then and the account is in dispute. Is it six years from last payment? Or six years from date of default. many thanks.
  6. Ok I know its a been a couple of weeks i think there may be some progress made. I have spoken to the lender again and they say that i can sign over responsiblity for the debt and the charging order into my name. Im positive the last time i spoke to them they said i couldnt do this. This is preferable to me because i could then do a change of parties application and have my ex's name removed from the property. She is crying poverty again after just coming back from holiday and is threatening to send an estate agent to the house when im away and put it up for sale. The guy i spoke to on the phone said that i just needed to instruct a solicitor and they could just cross everything into my name. I would be taking on nearly six thousand pounds but to be honest it is worth getting her out of my life.
  7. Im screwed then. I dont think have any option but to pay her debt off. Thanks for your help. Slick244
  8. Where can i find form N245 and what reasons could i could use for getting the order set aside? Should i have received notification of the CCJ at the time? I thought about checking to see if the amount the order was based on included any misold PPI but it appears that they have already knocked this off the balance of the original CCJ. Can they do this? Many thanks. Slick244.
  9. THanks for the quick reply and advice Pinky. Thanks to everyone for their help.
  10. Ok i have received another letter today. This one is from Credit solutions limited giving me the opportunity to save £££££'s and that i should give them a ring in the next 10 days to save lots of money by taking advantage of a discount offer on the outstanding debt or they will send someone to knock on the door. Should i just ignore them? Will they get a CCJ against me in the next 18months if ignore. THanks Slick244
  11. Thank you so much for your reply. I will post this letter tomorrow. Does anybody have any opinion on offering a full and final settlement? What will happen to the debt in 18 months time when the default notice is 6 years old?
  12. I have an outstanding balance with cap one that was defaulted 4 and a half years ago. I had a reduced payment plan set up that I stopped paying after i found this site and CCA'd Cap one and received some terms and conditions. I sent the account in dispute letter. They passed it on to Credit solutions limited. They said they would be coming to my house so i CCA'd them and they sent me a signed Application form like so many other people and which I have been told is unenforceable. Now I have received another letter from Power2contact saying that they are coming to my house to collect the debt. Im feeling a bit lost as to what to do next. When i started this I had the intention of keeping to deadlines and such but as i work away for long periods I have let my eye off the ball. Should i CCA the DCA or send another Account in dispute letter. I have thought of offering a full and final settlement but the default on my record is 6 years old in 18 months. Any advice as what my next step should be is greatly appreciated. Thanks. Slick244
  13. Is it right that after 6 years her CCJ is gone but the debt remains in the form of the charging order until it is paid? If so in 18mths she is clear and I have to carry the can as she will not pay it. Seems I will have no choice to either pay the charging order or keep her on the mortgage and she will be entitled to half of the house. The mortgage is a NR together package. If I sold would the charging order come before the loan element running alongside the mortgage?
  14. Reminder for request for copy of alleged credit agreement under Section 77/78 of the Consumer Credit Act 1974 I wrote to you on the 6th July 2009 requesting a true copy of any alleged signed, executed credit agreement in relation to the above account. This is my right under Sections 77 and 78 of the Consumer Credit Act 1974 on payment of a fee of £1.00. This payment was included with my original request. Under the above Act, a creditor has 12 working days to supply this document to the debtor. The deadline expired on 20th July 2009. Thus far I have received an application form and a copy of current terms and conditions. This means that you are currently in default of my request. To clarify, just sending the Application form and Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement. This breach of the agreement can be demonstrated as follows; As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this case in particular to SI 1983/1557. Before leaving section 180 there are two other sections that should be remembered. These are: Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements; And more importantly Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations. You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations. Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557. The regulations state: (2) There may be omitted from any such copy- (a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations there under as to the form and content of the document of which it is a copy; (b) any signature box, signature or date of signature (other than, in the case of a copy of a cancellable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies); It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations. The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso. Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions. It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented. Whilst your default continues, you are not entitled to enforce any part of this alleged agreement. This includes, but is not limited to, the following: You may not demand any payment on this alleged account, nor am I obliged to offer any payment to you. You may not add any further interest or charges to this account. You may not pass this alleged account to any third party. You may not register any information in respect of this alleged account with any of the credit reference agencies. You may not issue a default notice related to this account. Please also note that to register information with the credit reference agencies, or to issue a default notice, would also be in breach of Section 13.6 of The Banking Code, which stipulates that you can only register such information if the amount owed is not in dispute. You have one calendar month from the expiration of the 12 working days to rectify your default. Therefore, I must receive the document I have requested by 21st August 2009. If you do not have any signed agreement in relation to this account, please confirm this in writing. I will be making no further payments to this account until this matter is resolved to my satisfaction. It would be a breach of the Administration of Justice Act 1970 for you to continue to take any action against this account whilst this default remains. Please conduct all communication with me regarding this account in writing only. For your convenience, I include a copy of my original request letter. All letters have been sent to you by Recorded Delivery so I can prove that you received them if necessary. I look forward to your swift response. Yours faithfully Copy to file.
  15. I CCA'd cap one some time ago and they just sent some terms and conditions leaflet. I replied with a letter saying that i disputed the debt and that they were in default of my request. I was paying them £50 a month at the time as a 6 month agreement with them. The account is already in default from 2005 and they keep putting 'D' or '8' on my credit file every month pretty much depending on which CRA I look at. When i put the account in dispute i stopped paying. They kept hassling. I kept asking for CCA. They kept saying they already had. Pay us they said. Blow me said I. Then they pass this on to CSL credit solutions limited. They say they will take me to court. They say they are going to knock on my door. I worry. But only until i am reassured from the Caggers here. I CCA request the DCA. They send me what i now know is a signed application form and another set of terms and conditions. I have seen several of exactly the same forms on here. I have been really busy at work and as such have let things slip and not followed this up....yet. Its been just over a month now and i havent heard anything from the DCA since. I am now going to send them this response. Could someone please check it for me? I sent the CCA request to the DCA 06/07/09 so 12+2 days is 20/07/09. Plus 30 days is 20/08/09. Is this timeframe right and if dont receive a true enforceable agreement by then i can make a complaint put notice of correction on the CRA etc? Many thanks. Slick244
  16. In taking responsibility for it I mean I am paying for it. I am also paying for the U/S loan. When i moved out and my ex stayed i payed half. Now she has moved out and was happy to have the house repossessed I took on whole payment. I have spoken to a solicitor about signing it over and this will cost £245 but it cant be done with the charging order in place. My ex wont pay it off. She has a CCJ but that drops off in 18 mths and she has no intention of paying it off.
  17. I have a charging order on my property that belongs to my ex. We have a joint mortgage and an U/S loan running alongside it. I have took responsibilty for all of this and she has walked away. I am unable to sign the house over in my name with the charge in place. She is paying a tiny monthly amount and wants me to sign for responsibility of the charging order too and says she has spoken with the firm involved, she tells me that no interest is being added to the account. I am not keen to do this as i feel i have taken on enough as it is. I am stuck with what to do next. Can i sell the property? What are my options? Cheers, Slick244
  18. I also have a charging order that is my ex's. Mortgage is Joint names with U/S loan running alongside it. Ex wants me to take on the charging order too. I am not keen to do so but feel trapped because i am unable to sign the house over to my name with the order on the property. If I sell which debt takes priority the U/S loan or the charging order? Thanks
  19. Ok. I think I might have cracked it. If not I will punch myself in the face very hard. Thanks for the pointer by the way!! Image hosting, free photo sharing & video sharing at Photobucket
  20. Apologies for being a mong. To view these thumbnails you will need a magnifying glass. I am unable to find a 'how to' on posting attachments. Can anybody point me in the right direction please? Many thanks. Slick244.
  21. I cca'd cap one some time ago and they sent me the usual terms and conditions. I put the account into dispute and they have passed on the debt to csl who have put notes through my door saying they are going to visit me / take me to court etc etc. I cca'd csl and they have sent me this signed form for 2004. Could somebody have a look at it and tell me whether or not it is enforceable as I think it looks like it is. Many thanks. Slick244.
  22. Thank you so much for your quick response, it is much appreciated. I will send this letter today. However what should i do if this collector turns up in 2 days time as the note says? This account is with Cap One. I am quite worried. Thank you so much.
  23. I have cca'd a credit card account some time ago and received an application form and terms and conditions so replied with an account in dispute letter. I have since been contacted by Credit solutions limited saying they are now in charge of the account and will take me to court if i dont settle it now. I cca'd them and sent the letter recorded 5 days ago. Now i have received a note through the door saying they will call at my house in 2 days time. I dont know what to do. Can anybody give me some advice please.
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