Has anybody got any advice on this please? Really struggling. Thanks.

Hi everyone. I need some advice please. It concerns a credit card company (Cap One) & an alleged debt of about £620 or so. I sent a CCA request to the DCA acting on behalf of the credit card company (Capquest). Their 12 days to comply came and went a while ago – in fact it was due to reach the “criminal offence” stage on 30th June. On Saturday (23rd June) I received what I’d been asking for (sigh….) & it appears to be genuine. So, they have now supplied a copy of the original agreement, all properly signed & everything BUT obviously after the 12 day period. Where does that leave me? Do I now have to make arrangements to pay, or do they now need to get a court to “re-enforce” the agreement that became unenforceable after the expiry of the original 12 day? What advice would other forum members with more knowledge than me give? Also – I requested a deed of assignment. What they have supplied is a copy of a letter from the original credit card company saying that they’ve sold the debt to the DCA. Does that constitute a deed of assignment, or is there an actual legal document I should be demanding? Finally, the DCA have also provided a statement of account – most of the “debt” is made up of interest charges, late payment charges, etc. imposed by the credit card company. The original debt is little more than £200 (I only had a credit limit on this card of £250). I really dont know where i go from here.......

Hi everyone. Just getting back to the original thread topic – loan company not supplying a copy of agreement. I need some advice please. It concerns a credit card company & an alleged debt of about £620 or so. I sent a CCA request to the DCA acting on behalf of the credit card company. Their 12 days to comply came and went a while ago – in fact it was due to reach the “criminal offence” stage on 30th June. On Saturday (23rd June) I received what I’d been asking for (sigh….) & it appears to be genuine. So, they have now supplied a copy of the original agreement, all properly signed & everything BUT obviously after the 12 day period. Where does that leave me? Do I now have to make arrangements to pay, or do they now need to get a court to “re-enforce” the agreement that became unenforceable after the expiry of the original 12 day? What advice would other forum members with more knowledge than me give? Also – I requested a deed of assignment. What they have supplied is a copy of a letter from the original credit card company saying that they’ve sold the debt to the DCA. Does that constitute a deed of assignment, or is there an actual legal document I should be demanding? Finally, the DCA have also provided a statement of account – most of the “debt” is made up of interest charges, late payment charges, etc. imposed by the credit card company. The original debt is little more than £200 (I only had a credit limit on this card of £250). Finally, if it reached the point of settling, I’ve read somewhere that most DCA’s buy debts at about 5 to 7% of their value – so this one probably cost them £30 - £70 maximum. Would it be worth making a seemingly ridiculous offer of payment? All advice gratefully received.

Many thanks

I've never actually complained to either the OFT or Trading Standards before. Are there any addresses for doing this, and are there any standard letters or formats i should be using?

Sorry to be a pain, have you got a link to that please. I can't find it - sorry

A bit of advice please. I’ve already won one fight with a lender who were unable to supply a true signed copy of an agreement and have written off the so-called debt & removed all trace of it from my CRA files. However, I’m in a long running dispute with a DCA. These people bought a very small debt from a catalogue company. I genuinely have no recollection of ever dealing with the original supposed lender. So, I sent a CCA request, and basically I’ve received nothing more than the usual ‘your request is receiving our attention’ type letter so beloved by these people. However, the DCA keep on sending me letters asking for payment, offering settlement figures, telling me to make an offer, etc.. No matter how much I tell them they are in default & have committed a criminal offence (their 12 days plus 1 month expired a long time ago), the letters keep on coming. Yet I have written to them so many times I've lost count. They’re either illiterate or stupid, or both. So, what do I do. The debt is unenforceable, they are in criminal default. As far as I’m concerned, the debt should be removed from my CRA files & these people should admit defeat. Yet they won’t. HELP!!!

Thats the plan. They're well over the time limits & not chasing, but the 'debt' is still live and i want that changing. funnily enough, I have a similar argument going on for a much smaller amount with another company & their DCA (who are agin way over permitted limits) suddenly wrote to me offering me the chance to make a one-off payment to clear it - even tho the debt has now been unenforceable for three months! They never learn or give up do they? LOL.

Hi all - been away for a while for various reasons (mainly laziness!!) but reckon its about time i started fighting again. To re-cap, my loan company supplied me with a 'copy of what the agreement would have looked like' - unsigned, etc. & nothing more in response to my CCA (made in November last year). In response to requests for a signed copy, all i got was a 'we're looking into it' letter back in January. Basically, they havent got a signed copy but won't admit it. Obviously they are well over the time limits permitted (by two months!). In response to my SAR, all i ever got was a statement. Anyway, thats where i am. What now? I need to get them to admit they havent got a signed agreement. How do i do that? are they actually in breach of the CCA? They say no, that a 'true' copy doesnt have to be signed - even tho it is unenforceable. Any advice please?

Hi all - been away for a while for various reasons (mainly laziness!!) but reckon its about time i started fighting Welcome again. To re-cap, Welcome supplied me with a 'copy of what the agreement would have looked like' - unsigned, etc. & nothing more in response to my CCA (made in November last year). In response to requests for a signed copy, all i got was a 'we're looking into it' letter back in January. Basically, they havent got a signed copy but won't admit it. Obviously they are well over the time limits permitted (by two months!). In response to my SAR, all i ever got was a statement. They passed the buck on the PPI saying it wasn't down to them. Anyway, thats where i am. What now? I need to get them to admit they havent got a signed agreement & i also want details on PPI - its up to them as far as i'm concerned. I dont care what the relationship is with Direct - i bought off them. Any advice on all this please?

Hi all – I haven’t been on much since Xmas as one of my kids has been seriously ill, so other priorities as you can imagine. Anyway, I need to have a read through recent pots (a few new posters to I’m pleased to see) & then I will resume the ongoing battle! LOL. I’ll start posting updates as soon as I have anything to report. Oh – a belated Happy New Year by the way!

Hi all – I haven’t been on much since Xmas as one of my kids has been seriously ill, so other priorities as you can imagine. Anyway, I need to have a read through recent pots (a few new posters too I’m pleased to see) & then I will resume the ongoing battle! LOL. I’ll start posting updates as soon as I have anything to report. Oh – a belated Happy New Year by the way!

I tried for months to get an answer from the branch. I wrote to Ruddington in the end and got a response - OK, it wasn't a good response, but it was a response. I've let Xmas come and go and i'm now about to recommence the battle. I have the SAR to chase up - info on PPI that they've said is nothing to do with them, and also a copy of a signed & executed agreement that they don't appear to have (they know that without it they can't get a penny, but i want them to admit finally that they don't have it).

Thats great news. The only thing is, does the fact that you fell behind with payments and/or were defaulted remain on your credit file? Or can you now demand that all references to it be removed?

I'm just about to renew correspondence to get what I believe is ALL the info in response to my SAR - namely details of my PPI (at least a policy number as i intend to check that the PPI actually exists & that payments have been made) and also evidence of manual intervention as i do not consider a typewritten list of alleged telephone calls, letters & home visits (i've had one letter ever, and never had a home visit) as proof of anything. As far as i'm concerned its up to them to prove such events occurred, not up to me to prove they didn't. So, i will be asking for copies of the alleged letters, dates, times & duration of calls (available from their bills i would imagine) together with transcripts of the alleged calls, and whatever proof they can supply of the non-existent home visits. I'm also hanging out for a SIGNED copy of the alleged agrement in response to my CCA. Seems to me that Welcome are used to shouting 'jump' and people simply ask 'how high' and they have neither the expertise or competence to cope with official & legally binding requests. In short, they are bullies who rely on the ignorance of the vast majority of the public (i include myself in that until recently). The fight goes on - roll on 2007!

i'm of the same opinion as you Lancer - that they have to prove they actuallt covered me. Them saying they have NO records relating to PPI sets alarm bells ringing & suggests (to me anyway, cynic that I am) that they never actally covered me. Nothing would surprise me frankly with these people.

To say they have nothing is a nonsense - they must be paying the money we pay in premiums to somewhere. And if they arent, then its theft or fraud. So either they have the info & they are refusing to release it (why would they do that?) or they simply collect 'premiums' each month & pocket them as extra 'profit'.

Certainly from the correspondence I've received so far in response to both my SAR & my CCA, it looks very much as if Welcome don't have any answers so simply try to bluff as best they can. All the letters they've sent me have failed to provide adequate information & I think they just don't have the expertise to deal with this type of thing. The letter to Sandra looks like another example of that.

LancerQRL - have a look at this other Welcome thread - all the info is on there - http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/37780-welcome-finance-any-dealings.html

Well, I'm hanging out for a signed copy of any agreement. As far as I'm concerned, using info gathered from here, they have to supply that to have any hope of enforcing any alleged debt anyway. They've already gone over the initial 12 days from when they received my CCA without supplying the signed copy, and I'm now counting down the one month period before reporting them.

Will the changes in the law be able to be applied retrospectively? Thats not usually the case with any legislation. From my own point of view, I'm waiting to see if my alleged creditor either (a) Replies to my CCA follow by admitting they don't have a true SIGNED copy or (b) Provides a signed copy. My money is on the former as i see no reason why any any company wouldn't simply send a signed copy in the first place if they had one.

I'll decide once the 30 days are up. Tick, tock...............

I used that in my follow up letter, and received a 'this has been passed to the local branch for investigation' letter in reply. I shall see what happens now, let the 30 days elapse then decide wheter to adopt a 'do nothing' approach or to report them.

If & when i need to make a complaint to the OFT for criminal default, who exactly do i complain to? Is there paperwork I need to complete? Or a standard letter? Should i write to the creditor after the '12 days plus one month' period that leads to such a default has expired?

I think thats the route I'll go down. After all, its non-enforceable & they must know that. Without a signed copy, they won't get a bean out of me, and they must be aware of that. Only thing is, they are adamant they have complied with the CCA request, so deny that they will go into default. I'll report them anyway & see what the authorities make of it all when we reach that stage. How though do people end up with the debt 'zeroed' & money paid back?