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  1. Hi Gizmo111 Thank you for your comments, I do appreciate that the matter has already been to court. So therefore that particular part of peterbard letter would not apply....no harm in reminding them of the law & the time scales in which they need to adhere to. thank you again for your help bounce;)
  2. hi peterbard thank you for your advise....like the letter & shall send forthwith !! Shall keep posting with updates. Thanks again Bounce;)
  3. Hi Thank you all for your posts ! Just to keep you up to date, I received another letter today from them stating the same as before ??? Forgot to mention this & last letter ALL IN CAPITAL LETTERS I wonder what that means ????? I will just have to wait now & see if they pass debt on to DCA ....although we have DPA the bank !! Shall wait & see.......at least a little peace.....for the time being. Bounce;)
  4. Hi Just a note to let anyone know if they didn't already ? That I recently CCA Hillseden Securities & CCA Direct Legal & Collections to be told by Hillesden; they are trading as Direct Legal & Collections, therefore are the same company !! ANY ADVICE WELCOME In my response to my CCA's to the above, they kindly returned 1 x postal order as I had effectively requested the info twice ! 1) Went on to say that they had requested copies of the original agreements & accounts (from MBNA) when they become available they will forward. 2) If there unable to supply a copy of the original agreement, they will be able to supply true copy of document which will comply with sec 78 of CCA 1974 3) In view of the current dispute & our inability to supply a copy document at this time we shall ask the CRA's to suppress our entry pending resolution. Should you require anything further at this point please contact me accordingly. I will update you on developments in 21 days if there are no developments beforehand. CAN ANYONE CLARIFY POINT 2 & 3 for me I think understand 99% of point 3 however point 2 seems a bit hazy !! Also any thoughts on the 21 days ??? If I have understood correctly through reading on the site....they have the following: 1) 12 days to comply to request (+2 days for posting, I sent recorded del so I can check when exactly received) by them and then add 12 days (is this classed as working days, if so do we now include weekends !!). If they fail to fulfill this request they can NO LONGER enforce the debt ? Now this bit gets interesting they have already registered a CCJ & have a Charge on Our Home, we pay them a nominal amount each pcm of the debt ! However, we are currently pursuing MBNA who originally the debt was with have sent a Data Protection Act request. Hillesden I believe bought the debt from MBNA! We are disputing the amount owed to MBNA with regards to: unlawful charges etc.... 2) If they cant supply in 30 days (When does this start ??) they are in breach of law with regards to their obligations under the CCA 1974 Act. Therefore, should they insist in going to court to have the debt reinforced, they could be fined !! Any advise would be greatly appreciated !! Thanking you in advance for your help ! Bounce
  5. Hi Just a note to let you all know that I made a CCA request to Moorcroft in relation to my old bank a/c on the 6 Dec 2006. I received a reply today (although letter dated 9.12.06) Stating: Further to your recent correspondence, I write to confirm that we are no longer dealing on the above account. I just wanted to share my good news with you all, to maintain the encouragement & achievement, that this site offers. Hopefully, this post will enthuse or encourage at least one other person !! It can be done............ Bounce.....
  6. Hi From what I understand through reading on this site that if you have: 1) Requested info under the CCA 1974 act & enclosed the fee of £1.00, they have 12 days to comply (+2 for posting!) if they haven't responded within this time frame you can write and advise them that you do not acknowledge them or the debt! 2) Further more should they still NOT provide you with the info in 30 days ( You need to check this; if it is from the end of the 12 day period, hence another 30 days or that the 12 days is included) they have commited an offense under the CCA law. I would not personally reply to the letter you have just recently received, but, wait for someone with more experience to answer your question or search through the site, for info regarding the time scales. Write and advise them accordingly ! Good luck Bounce
  7. Hi Rainy I am not sure if there is a particular address to use ? You can find helpful links under your bank...I did look but there didn't appear to be an address. So I would assume what you have done is okay, but, someone with more experience may read your post and give better advise or point you in the right direction. From what I understand as long as you have requested the information using the Data Protection Act/ S.A.R - (Subject Access Request) and enclosed the statutory fee of £10.00 you are on the 1st rung of ladder ! Wishing you luck in your claim. Bounce....
  8. Hello...... Can anyone advise ? I took advantage of free report with experian....thought I had better check up on myself ! Noticed that Abbey have registered a default against me....not a surprise it was for a bank account & overdraft etc....which I am currently today sending off DPA/SAR to find out about charges as this money is mainly made of charges! WHAT surprised me was that it stated the DEBT was ASSIGNED ! and gave the date ? DCA ...Moorcroft are currently chasing me for payment...I have written to them as well ref the DPA....but will continue to pay the agreed pcm amount...as at this stage I cant prove exactly what the figures are made up of ? SO can anyone verify what DEBT ASSIGNED means ? Have they sold it ALSO more interesting reading....the report said my overdraft was SATISFIED !!! Confused......cause that is what the outstanding monies relate to & charges etc.... So glad I checked !! Look forward to hearing from anyone.... Bounce
  9. hi many thanks for responding & encouragement. I will send SAR/dpa to 1st credit, as they now have debt would that mean that they should also send me a copy of the original signed credit/finance agreement? As well ? Lastly....I dont want to annoy DCA as they are arrogant! any suggestions on how I should word letter to them asking for info under the cca ? Sorry for asking so much new to this...albeit enjoying the sense of empowerment this site has given me to take back control of our finances ! thanking you in advance bounce
  10. Hi Pam Many thanks for your advice...much appreciated. We did contact DCA & paid a lump sum to stop them taking further action & agreed a pcm amount. They wrote & confirmed that no action will be taken as long as we dont default again that no further interest will be applied! We just want to clarify the situation for ourselves now! As we dont have any paperwork...mislaid..house moves etc.....to show what & how the monies are made up of that apparently are still outstanding ? So we are going to follow the above course of action..... Thank you again for your time .... x
  11. HI Anyone out there that can advise ? Just want to make sure I have the above in the correct squence of events to pursue: 1) send 1st credit Ltd ....DPA. SAR £10.00 2) send DCA a CCA request £1.00 Sorry for impatience try to sort before school run LOL Thanxs again x
  12. Hi If anyone could help, advise or point me in the right direction that would be great ! My hubbie took out financial agreement some 5yrs ago with RBOS for a van (yes white LOL ) we defaulted...it was taken back. We then paid monthly what we could I cant remember exact dates & £'s...... and to whom ! But for everlong I can remember we have been paying a particular DCA......we defaulted in June 06 of this year due to (like most) Financial hardships.....yes we were at fault ignored DCA letters etc....so subsequently they issued (signed for) Statutory Demand under section 286 (1) (a) of the Insolvency Act 1986. Debt for liquidated sum (rule 6.1) Due to the very nature of this horrible item we phoned & negoiated a sum to stop the proceedings....furthermore a monthly sum to stop them enforcing it. However, on finding out about this site (truly remarkable) I deceided to read thru said doc again and noticed that : The creditors are : 1st Credit Ltd.....that the DCA are their credit consultants? That the debt has been assigned under an agreement to 1st Credit Ltd. My issue's are : we would like to know exactly how much we owe and how much of this debt is made up of charges !! (We only know how much owe via DCA.)Which we might be able to reclaim ! Also neither of us remember being informed that the debt had been reassigned....did we have a legal right to know? I know this situation is long winded my apologies...I have looked through the forum....came up with sending 1st credit ltd a request under the cca act? and to write inform DCA of our intention ! Just would like some clarification...if anyone can help....many thanks... Keep smiling.... x
  13. Hi I have registered today have spent the last 11 hours (with breaks...lol) reading thru this forum I am so encouraged by what I have read....the determination of you all....truly inspirational. If I had found this site some 8 months ago we would have been so better off financially today ! Hey ho....at least I know where to come now. My significant other is impressed to! Made him sit & listen to your stories whilst he ate his dinner! I have written my first letter of action ...well used the one in the library to send off tomorrow to the Abbey. Whom we are paying off monthly for charges, unauthorized overdraft & authorised...albeit the account is now closed! They passed the debt over to MOOR CROFT who's name I have seen quite alot on this site ? Are not the most humane of DCA The have written recently to ask us to start paying or else !! This was prompted by the fact that we had been IGNORING their agent (who collected the payments) WELL HELLO their agent has not been coming to collect...to the point where I hadn't seen them for three months I RANG THEM asked if there was a problem to be told they had been poorly was unable to collect that it was okay those that needed to know knew the current situation !! Lack of com's here then! So I have also made the decision now to call MOORCROFT let them know that there agent is at fault and NOT US! Reason for not doing earlier on was that the agent is really nice! I trusted them so I didn't think it would be a problem ! Well I am now going to take control back.... start fighting back ! Enough is enough....just that when you are in the pits of despair with debts mounting up around you and you cant see a way out you do what is required for a peaceful life. Well these people have badgered, harassed us now the worm is turning ! So tomorrow the letter shall go off ....signed for! I shall also send Moorcroft a copy also a covering letter of our intended actions also let them know their agent is assumed still poorly! Hence why no payments have been made. I shall keep you up to date of our progress....apologise for my rantings... LOL:lol: Wishing you all continued success.....
  14. Hi Me again posted my thread twice so I have changed second one to this LOL.....dont know how to cancel ! Goodnite all
  15. Hi Sorry for sounding dumb ! How do I do that ?.....Guessing search my bank/cc post a new message or respond to someone else's !! Within that area ? Thanks in advance for your help/advice x
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