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  1. Thanks folks....... Havent slept for a number of nights......... In truth i had forgotten about it and havent heard anything about it for quite a while will ignore it and see what comes of it
  2. So, do i simply ignore them and wait and see if any happens?
  3. so... with all of the above in mind, what options (if any) do i have the agreement was pre 2007 - does that mean they have to supply a copy with signatures? Would appreciate what options i have
  4. The original account was an Egg account. what they have sent is the current T&Cs from Barclaycard....i believe barclaycard took over Egg?
  5. So, Given they have requested i make contact to arrange payment, what options do i have? This is an old debt and am certain it has gone through a number of Credit agencies beforehand.......... I may even have a letter stating the debt will not be enforced from the original creditor..... this obviously doesnt stop agencies from buying up this debt to pursue it Do i have any options, other than ignore it and see what actions, if any they take?
  6. So, I'm more or less stuffed then? I did recently have another letter from a creditor stating that as they didnt have the original record, they werent going to pursue the debt
  7. Hi folks, recently received a letter from m4rlin Financial Services confirming they had supplied me with a "true copy" of my CCA request. The wording of the letter is such "We can confirm that under the Consumer Credit Regulations of 1983, as permitted by these regulations, the copy of the agreement that was provided was a "true" copy reproducing the original terms and format of your agreement, but omitting signature boxes and signatures, as a matter of law the documents we provided previously constitue a "true copy" of the executed agreement along with the supplied terms and codition. We have provide the documents required by law, and therefore do not consider there to be a dispute of the debt and request you contact us to arrange payment. My previous letters stated the account was in dispute and would remain so until they supplied a copy of the original paperwork. What has actually been sent is a copy/paste of the current T&Cs Am i correct in saying they MUST supply a "True copy" of the original application? What respone, if any do i send back to them? I had considered the text below I note that you have replied to the above by sending your companies current Terms and conditions. I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act. To clarify, just sending the 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 care 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. I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues. In either case, please confirm that you have, in your possession, a credit agreement that is in all ways fully compliant with the Consumer Credit at 1974, as amended, and the subsequent regulations made there under. For the avoidance of doubt, if you are in possession of such a document, but are unable to supply me with a true copy of it, please outline your reasons why you are unable to supply it to me in your reply. Further more, I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed. Obviously if the agreement is improperly executed I would be entitled to ask the Court to consider the agreement and make a declaration of the rights of parties to the agreement. (s.142 (1) Consumer Credit Act 1974) I must stress this part of my request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore an unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document. I do not view this as an unreasonable request given that by supplying the document which I have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides I look forward to your reply and would ask for a response by XXX
  8. Tried doing the Noodle Credit Check Trouble is...I now dont own any credit or debit cards............
  9. Have just been trawling through my paperwork relating to this and have found the following 1. Default letter from Halifax dated 30 Apr 2009 2. SAR letter sent 05 May 2009 3. Agreement terminated 13 May 2009 4. Copy of unsigned T&Cs received 21 May 2009 5. Letter of 'Intended Court Action' received 11 Nov 2009 6. 'Account in Dispute' letter sent to solicitors dated 18 Nov 2009 It appears this debt has been sold on many times. It now sits with 1st Credit Finance 3 Limited who wrote to me on Wednesday stating "As you have disregarded our recent letters our local Debt Collector has been instructed to call upon you for payment. To stop this action send payment IMMEDIATELT to the above address" Should i simply send them the same 'Account in Dispute' letter i sent to Blair, Oliver and Scott Solicitors i sent in Nov 2009?
  10. to be honest, not checked credit file for years Last acknowledgement must have been sometime around 2009, maybe earlier when i wrote to halifax asking for copy of agreement
  11. Hi folks, Have a credit card debt with Halifax for £4989 Sent a request for original paperwork enclosing the £1 fee a few years ago No details have been sent back to me although this debt appears to have been passed around a few agencies Never answered any of them, nor made any payments Had a letter today from 1st credit finance 3 limited stating "As you have disregarded our recent letters our local Debt Collector has been instructed to call upon you for payment. To stop this action send payment IMMEDIATELY to the above address What is my nxt action? Dont really fancy a collector calling to the house
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