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vselym

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Everything posted by vselym

  1. CAG2008 Paranoia received and understood ! A CCA request is used when an account is regulated by the Consumer Credit Act 1974, such as a credit card or a loan. What the CCA request in effect asks is, does the original creditor have the relevant paperwork, ie your completed agreement including the correct prescribed terms as laid down by the Act, to enable them to enforce an order should they need to. As you will have seen on here no doubt, No CCA = Unenforceable Debt. Bank Accounts are not governed by the CCA1974, and as such require a different approach to ascertain what can be
  2. stevieb52 is this action because your relatives are not paying under the ccj ?
  3. boyboynova my suggestion of the sar to the dca was to see whether the "acknowledgment" was recorded
  4. CAG2008 I know only too well the detrimental effect of debt and the worry it causes, on a persons health and ability to function properly. I realise that you are naturally worried that such things as SAR's and CCA requests may provoke further actions from your creditors, however you would just be exercising YOUR LEGAL RIGHT ! KNOWLEDGE IS POWER, thats what CAG embodies, and your creditors rely on your lack of knowledge to gain their power, time to turn the tables !! I understand your reluctance to post details, however an example such as, Barclaycard opened 2003 - Balance
  5. ck&ll i would send a SAR to the dca, and across the top write "I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY" depending upon whether its a credit card or loan, a CCA request aswell with the same phrase across it sar will cost £10 send recorded delivery cca will cost £1 send recorded delivery see what they turn up
  6. ck&ll as it was written it may be an admission, was the account solely in your name though ?
  7. ck&ll how did the other person acknowledge the debt ? was it verbally ?
  8. stevieb52 may have given you a bum steer on the fast track element, could be to do with the values involved, but ive had fun reading around the subject !
  9. stevieb52 Chapter 2 ! was the ccj in place before the CCA request ? if not then i think you could apply for a set aside of the ccj on the grounds of no cca
  10. star scream i think it would need to be part of a CCA request found this from shieldblaster re defaults Default notices are legal documents that have to contain certain criteria as laid down in the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1993. They have to contain the following: Name and address of creditor issuing default notice and name and address of the borrower. Type of agreement and details of the breach of the agreement. Early settlement figure (for fixed sum only). The action to be taken by you to remedy the situation
  11. CAG2008 What they MAY say, really dont mean squat ! If i were you i would spend some time breaking down each debt, then post them up here individually, so that each can be advised on. Try to give as much info as poss, eg when a/c opened, whether current a/c, credit card, loan etc., whether its been passed to a dca, who the dca is....... you see what i mean ?! Once split into manageable chunks so to speak, its easier for other caggers to offer specific advice more relevant to each problem Read, read, read, read a bit more of as many threads on here as you can, and did i men
  12. stevieb52 ill read up on court procedures, but a call to the court where the papers were served from, explaining that your relatives would be litigants in person, and asking what forms you would need, may help what time scales are you constrained by ? you also mention in your first post that a CCA request remains unfulfilled, was that letter sent by recorded/registered/special delivery, and do you have, can you get proof of receipt an outstanding CCA request does provide a complete defence against enforcement
  13. Tallpines the world has gone mad indeed, whilst i agree with 2grumpy that you "shouldn't" pay £10, if you do with a full SAR, that changes the manner with which they have to deal with the complaint, as they are then bound by statute to send you the data, and there is more recourse for complaint if they fail to comply For that reason i would proceed as suggested
  14. Hi Tallpines the £10 sounds like the maximum fee payable for a SAR. I would suggest its worth paying as it should clarify the situation and bring resolution to the matter. you should also check your credit files with the cra's to ascertain whether a default has been registered in relation to this account, and if so you clearly need this removed as part of your requirements for closing the account completely only correspond in writing, no matter how incensed you become with them, and obviously recorded/special delivery btw, if the account was monthly in arrears then november
  15. Robbler if im reading this right, your "we will take no further action" letter from 2006 deals adequately with dca's, and your real issue is with MS for not abiding by what they wrote if so, the SAR that patrickq1 suggests you send to MS, should produce all communications you have had with MS since the beginning of your contract. This may be of use if there are reclaimable penalty charges included within, and should also determine what if anything they are still doing with your account. a CCA request should produce a copy of your credit agreement. If MS dont respond within a tim
  16. robbler i would put a complaint into the OFT, not so sure there would be any redress for compensation though
  17. hi bman2906 on the face of it, i would say you have a strong case for removal of at least one default marker without much hassle it is not possible to default the same account twice, so try this letter to the cra's in the first instance Dear Sir Or Madam FORMAL COMPLAINT UNDER YOUR CONSUMER CREDIT ACT 2006 COMPLAINTS PROCEDURE NOTICE TO CORRECT DATA UNDER DATA PROTECTION ACT 1998 I note that you have registered a default on XXth against account XXXXXX on XXXXX. Subsequently, you have issued a default notice on DATE. Default is defined by the credit refe
  18. Hi Solent68 i think youre gonna have to bite the bullet and write to them. I would CCA all 3 dca's, and it maybe worth S.A.R - (Subject Access Request)'ing NatWest to see exactly the history and dates of your account. as regards them then having you contact details, so what ? with the help of this site you'll be able to deal with pretty much anything they try and throw at you also head each letter with "I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY" keep us posted
  19. Hi prmm write to them detailing your payment schedule and enclosing the first installment, send it recorded/special delivery put the ball back in their court and see what they reply with, if it does escalate then you will be in a better position to defend yourself as youve sought to address the issue and not buried your head
  20. Lozzzy default removal seems to be a very difficult/immotive subject ! i would start by WRITING to Style, pointing out that as a responsible debtor you didn't avoid your debt, but actively sought an amicable solution, and as such could they remove the default ? if the answer = No, then there are legal routes to try, but it will be a long process
  21. hi prmm which companies are they ? and what are the alledged debts for ? bank a/c, credit card, loan ?
  22. suusex1 a word of caution, make sure you include removal of any adverse credit rating in your F&FS, and get it in writing. i would suggest its a bit of brinkmanship required now
  23. Stevieb52 i found this Quote: Do any of the legal experts on here know if there's any way at all of challenging a Judge's decision to Fast Track, if all your common sense tells you it was the wrong decision? When you get an order notifying you of the track you can apply to vary the order and have the track shifted. You'd then have to go to an application hearing and explain your reasons. If that was unsuccessful you could appeal, although that in itself carries a costs risk and appealling any decision is not something which should be recommended for a litigant in person in any eve
  24. TBaker if you have already requested your charges back, and Lloyds have said no then i would consider the alledged debt to be in dispute ! so this may help this was taken from a curlyben post Originally Posted by OFT guidelines 2.5 Putting pressure on debtors or third parties is considered to be oppressive. 2.6 Examples of unfair practices are as follows: c. using more than one debt collection business at the same time resulting in repetitive and/or frequent contact by different parties d. not ensuring that an adequate history of the debt is passed on as appropria
  25. Reb The loans wont be a problem, the credit cards with the dca's and the possible records at the cra's might. I would obtain copies of your credit files with the main 3, Experian, Equifax and Call Credit, to ascertain what is recorded. Any default markers will more than likely cause a problem, and with the credit crunch seriously affecting the sub prime market you'd have to be wary of products offered, but at least if you'll know what problems you may face In terms of who to approach, you should look for a whole of market broker with no up front fees. Your £20k deposit will help
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