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  1. Hi, this is my first post on the forum although I've been reading through all the posts and info here for some time! I'm finally taking action to resolve my out of control finances as I now have 7 active payday loans and just can't cope with them anymore I was due to make a rollover payment to Mr Lender today but sent an email a few days ago explaining I was experiencing financial difficulties and was writing to all my creditors to come to a arrangement for a repayment plan. I received a reply today requesting that I complete their detailed income/expenditure form. I've seen various views on this throughout other posts here and would like to ask what I should do here? Complete their form or should I simply tell them figures for my total income/outgoing and my offer of repayment? Thanks for all help and replies!
  2. Hi All, I hope you can help me with a letter I have received from Tesco Bank. I have defaulted on a Tesco Credit card and this debt was passed to MDRL. I requested proof that MDRL were legally allowed to claim on this debt and they passed on the CCA request to the original lender. After many months and as far as I am concerned a default on my CCA request, Tesco have replied. The letter is attached. Please answer these questions if possible. Are they right, should the CCA request be signed, bearing in mind it was sent to MDRL? If they have done nothing wrong and are not in default of my request, why offer compensation? What would be my best course of action to reply, is there a template or a quote I could use? Do I need to send off the signature request? Any advise will be appreciated. Many thanks. AS
  3. Hello to all and I hope you can help. I had a Littlewoods account which I then become unable to pay. It appears they then sold the debt to Lowell who Defaulted me straight away. However Lowell are stating Littlewoods Defaulted me and added charges and then sold the debt to Lowell (all within a week) for the increased price (The default amount on my file is lower than the amount Lowell state I owe them). On my credit file there isn’t an input by Littlewoods regarding the debt but one input by Lowell on the month of Default. What I would like is all the information relating to charges etc plus who by and when I was actually Defaulted as I am not getting a set answer from Lowell at all, and, when I ask for information they send a one page inaccurate statement apparently provided by Littlewoods. I say it is inaccurate as they have many things I ordered within the last 3 years but on the so-called statement I have not made a single payment in the last 3 years which is incorrect, and if it were correct they were providing me with goods for well over a year while I wasn’t repaying them anything which would be very poor judgement by them! So my question is who do I send a SAR to, to gain this information? I have it in writing from Lowell that they are the ‘data controller of the account but the information is held by Littlewoods’ so who exactly has all the information I want regarding this debt? Thanks Sherrie
  4. Hi everyone, This is my first post so I apologise if I am in the wrong section for this type of query. A forum member at Moneysaving Expert recommended I ask for help/advice from CAG and I have spent the last couple of hours looking over posts but I just need a bit of clarification if anyone can help......... My husband received a claim form through the post from a county court on Tuesday. The claimant is a DCA and on the claim form they say that a Notice of Assignment has been sent to him to explain that they now own the debt. The sum they are claiming with solicitors costs is just under £6,000 and they state that it relates to the Lloyds Banking Group. My husband had a debt with Lloyds which defaulted in 1999 . The debt is made up almost entirely of bank charges that piled up when he went over his overdraft after he was made redundant. Since then he has lived at the same address but in the intervening years there have been no letters or phone calls...nothing until now. We have filed an acknowledgment to the court and asked for the full 28days but looking through all the posts that seemed similar to our case I think that this is a statute barred debt but if someone could just confirm that they agree or disagree with me I would be very grateful. One big worry that I have got is that the DCA registered the default date as being 2008. This is definitely wrong but does this affect our claim that it is statute barred debt? If anyone can point me in the right direction regarding the correct templates to base our letters on I would be grateful. Do we send any correspondence only to the court or to the DCA as well ? Any advice very much appreciated Thanks in advance Elizabeth
  5. here we go again Is there a template that I can print out to get information from the council regarding your council tax and rent rebate for the last 2/3 years If (and it should) this SAR picks up incompliance from approx. 12 months ago that cost someone there council tax and rent rebate not being paid for several months can the person reclaim it or is it now to late
  6. Hi can someone help with this - I read somewhere that it is a bad idea to send fee of £1 to request CCA from DCA's as, if they're not showing on your Equifax file for example, this can start another 6 year cycle as you've admitted to owing the debt by making this request and sending the postal order? I've made 4 requests recently and am a little worried Not that I want to apply for any credit cards etc EVER again. Although I r'cd yesterday 2 application forms for credit cards - 1 from Capital One (I had a limit of £200 and they hounded me more than anyone, now settled thank goodness) and 1 from Vanquis Bank. Does this mean my credit score/rating has improved? would I get in any trouble for marking with edit in marker pen and sending back in their pre paid envelopes? thanks.
  7. Hello everyone, Just a quick question regarding CCA requests. If a CCA request isn't honoured within the 12+2 days, which is the correct procedure to follow? Is it: 1) Send a reminder letter with an extension or 2) Send a letter explaining that they've failed to provide the CCA as requested and deem the agreement unenforcable? Thanks.
  8. I injured my middle finger, right hand, 3 weeks ago. I'm right handed. Turn away if you are squeamish please. The pad is completely missing, along with the tip and bone at the end. The rest of the bone is cut in 2 along the length. After 3 weeks of no improvement, an allergic reaction to the antibiotics and constant pain I'd prefer it to be amputated. It's not going to be of any use as the nerves are damaged and I'd much sooner have the wound closed and a hand that functions. I have asked but they seem to avoid the question and say to wait .. I don't want to wait and have a finger that is just bone covered with a bit of skin as they are sure to say it's a non-essential operation even if it's causing pain or distress. I'm having dressings changes twice per week and can't look at it. It's not nice when the nurse cringes and my OH goes a bit white and his hand shakes more than my good one that's holding on to him. I'm not difficult, I don't cry or scream but each change takes 30 mins..with the nurse sweating buckets. I smushed up a toe years ago and I have no feeling in that, other than horrible ones, so I really don't want that in a finger. My toe was squashed by a wall falling on it and my finger was in a battle with a door. The door won. I just feel that the right thing to do is lose it and close it. Can I insist or make a formal request that it's done?
  9. Hi All My wife has received a SD from a solicitor acting for a collections company (originally Lloyds credit card) We did communicate with Lloyds and requested an original copy of the credit agreement but they never replied. We been away and have returned to find this SD with only a few days left to respond. I'm looking for a way to stop any further action as we are struggling due to issues with property going back several years. Long story short we have 5 properties that we rent out and had some very bad luck with a few tenants that's left us in severe debt on top of buying our last flat at the end of the property bubble in 2008 (we had intended flipping it but had to keep it). About ten years ago a friend was defending a court situation regarding a a credit card, a loan and some other minor debts. He was told by a debt management company that there was some kind of law preventing certain actions being taken against him if the action would prejudice other companies he owed money to. Does any one know if this applies to SD's? We can't deny owing the money because we obviously do but there's no way we can pay this at the moment. When I say our situation is serious we have had a debt advisor calculate that we are currently about minus £600 per month due to the property situation. And we can't sell as most are in negative equity or would just break even. Any advice on how we can avoid further action would be most appreciated even if it's that we should offer £1 per month. Thanks
  10. Hi, I would like you to help me with this situation where my joint loan agrrement from MBNA in year 2001 was given to me with PPI included in it. when I asked for CCA they sent me copy of the contract then I realised there is PPI in it. When I asked from DCA DLC to provide me with the t & C of this PPI they told me I have to contact original creditor (But DLC had forbidden me to contact original creditor through a letter in 2002). My question is as PPI is part of CCA of this loan, can this whole agreement be considered as 'disputed' until PPI issue is not resolved? Please respond ASAP. I have to reply to DLA who are pressurising me now to pay the debt. If there is any template letter to write to MBNA on the basis of above ino. please let me have it and a template letter to SHUT UP DLC. Waiting to hear from you. Thank you very much for all your help in the past, present and future...
  11. Hi people sorry im not very good with this forum posting thing so if this is in the wrong place could admin move it for me A while ago my ex-partner had an account with JACAMO then a month or so ago i received a letter asking me to pay the amount owed on the account. I contacted the debt agency whom told me that i needed to contact jacamo i did this and somehow now the account is in my name. i sent them a CCA request i think it is called using a template that came from your site. Jacamo has replied with 4 different copies of my so called credit agreement but where it says customer signature or date its just blank ? I wrote back to Jacamo asking for an explanation to which they replied: "We enclosed a "true copy" of your credit agreement, along with the current terms and conditions applicable to your account, to which you have agreed. We have also enclosed an itemised breakdown of the account dating back to when the account was opened. When responding to a section 78 request, a lender does not have to provide a photocopy or other literal copy of the executed agreement nor provide a copy bearing or some other proof of the customer's actual signature." I dont how they can provide me with a form which i could have printed and say that proves that the debt is mine? can any one elaborate to me what they are saying as it doesnt make sense to me surely i needed to sign something to say it was me accepting there credit? what should i do now should i decline there requests for my payments or just set up a payment plan and accept it as i dont want to ruin my credit ? many thanks
  12. Can you send a dealer a SAR asking for all information with regards to vehicle you bought from them brand new? Actually in this case the vehicle is a caravan suffering from damp and we want to find out if they carried out a damp test at the previous service in November last year plus we need to know some other information regarding the caravan.
  13. Guys I am looking to SAR RBS on behalf of a Mint credit card. I have no idea what the account number was of the card or the card number. Can I still SAR RBS without the account number? I have taken the template off of this site and see it has a section to input the account number. Any help will be appreciated Thanks Dan
  14. I put a CCA request to LloydsTSB to whom I owe £10,015 from a credit card taken out in 2001. They have written back to me stating they do not need to send a copy of the original signed agreement and have sent me a customer copy of the 'Lloyds TSB Bank Credit Card Conditions - Customer Copy'. Have the rules changed on CCA requests? Are LloydsTSB correct that they have fulfilled their obligations? The covering letter states. I write in response to your request for a copy of your consumer credit agreement under section 78 of the Consumer Credit Act 1974 (CCA). I have enclosed with this letter a copy of the reconstitued version of your executed agreement and a signed statement of your account. By providing you with the documents attached to this letter, we have satisfied our obligation to provide a copy of the executed agreement under section 78. There is no requirement under the CCA to provide you with a copy of the original signed agreement. We are endeavouring to locate the copy of your signed agreement but please be assured we would not have opened a cred card account without having sight of a signed agreement. For the avoidance of any doubt, we have set out in appendix to this letter your rights under section 78. Having satisfied our obligation under section 78, the agreement you have with us is fully enforceable and we shall continue to treat it as such. We will not be entering into any further correspondence with you regarding the provision of copy agreements.
  15. Hi guys i sent a standard cca /soa/default request to a high street bank via recorded delivery which having just checked was delivered to them in early july. I have had absolutely no response at all, not even an acknowledgment. The default was made up solely of charges which i refused to pay. what do i do next? thanks
  16. I sent a CCA request to Aktiv Kapital and when they didn't provide the agreement I told them I wouldn't be paying them. They've now asked when I left an address I was last at about 15 years ago. Any idea why they want this or what it has to do with a CCA request
  17. Hi all, I'm trying to do a PPI claim against DFS, Loan through Black Horse. I have the original agreement, but not the statement that shows I made the payments. Is there any point in sending a SAR request - it was over 6 years ago when I completed the payments DFS won't pay PPI without a statement of proof of payment. Any advice greatly appreciated... Many thanks Ant
  18. Hi Hope someone can help. Are prospective employers legally entitled to ask if you have ever been declared bankrupt or had civil proceedings taken against you by a creditor? Are you legally obliged to answer? How do they carry out checks? Surely that is private business that you should not be forced to disclose. Thanks in advance for any answers.
  19. MBNA recently transferred my credit card debt to Idem Servicing without notice, (yes I do understand this can be done, & I do understand that under the 1926 act the full notional balance is transferred regardless of what Idem Servicing paid for it). Not wishing to be in the clutches of a DCA I decided to make a settlement offer of some 55% of the notional balance and about twice what Idem paid for it, working on the basis of the max they would have paid 30% for a debt situation that is now nearly six years old). Despite several tries at written dialogue all I have received in return is a standard letter stating no offer will be accepted until I complete a full financal statement, and boy is this full, it ask what I would consider to be the normal questions, plus items like what do you spend on petfood, sweets, footware etc.! They also want to know why the offer is being made, amount being offered, (already stated), and the source of the offer funds. Also the reference now used is not the cc number but their own, which they describe as a 'loan account'. In the past, I have made offers to creditors of full and final settlements and after negotiation have had them agreed at around this rate (50 - 60%) of the orginal debt amount, without resorting to disclosing so much (any) information. I could understand completing this form if negotiating a monthly payment figure but this is not the case. I should also add the amount I have been paying monthly amounts to more than I would be paying in terms of a minimum payment if the credit card was active. The question I have is would you consider this to be normal practise, or are they 'fishing' to leverage up my monthly payment? Any other suggestions gratefully received as well. As a bit of background IDEM recently accquired two tranches of cc debt from MBNA one at 55 million, the other at 11.8 million. They are part of the Paragon group who are a mortgage and loans company, although if you look at the groups balance sheet you will see the DCA arm (IDEM) contributed 27% of their last group profits, their investment partners (i.e. they have put up a proportion of the money) for debt accquisition are Carval Investors, and Arrow Global, technically this is called a 'shared upside purchase'.
  20. Hi, Well I don't seem to be having much luck on the CCA front! The latest reply regarding my MINT account is that they cannot procees my request as they require my signature. In the request I sent off I included the £1 postal order and relevant details, and signed the letter electronically (as per advice on the forum). So what can I do now? This is a card I took out in mid 2004 and the account is defaulted and being managed through the CCCS (but i still get a statement every month directly from MINT). I don't want to give them my signature to add to a document if they dont already have it, but I'm not sure how to progress from here. Any ideas? Hx
  21. I am currently in a DMP and looking to tackle all my debts and try and get out of this mess. I keep seeing on the forum advice to request CCA from the DMC. Please could someone tell me what the next step would be after doing this. I am a bit confused what requesting this would achieve. I currently have an Aktiv Kapital debt for £5000.00, after adding £3200.00 interest to the original MBNA debt of £1800.00, which I am trying to sort out with them. I requested a copy of my credit file(s) but it does not show anywhere. Thank you.
  22. Hi Folks, I was made redundant a few years ago and defaulted on my Santander/ASDA credit card. The debt was passed on to a collections firm and i then paid this in full as I had found a full time job. (£1200 iirc) As I paid the ballance in full, i would like to appeal to them my hardship at that time and request the default be removed/changed. I now have full time permanent job, 2 kids and would like to resolve so i can get better rate on morgage. I sent a generic letter on 19/08/13 as follows; I have recieved today the following; Where should I go from here ? I am unsure on what the legal requirements are for time scales on responses etc ? Your help and advice much appreciated. Best Regards, Mike
  23. Hi All For the past several weeks now I have started to receive phone calls, texts and letters from these cowboys. Have sent a letter informing them I will only deal with them in writing and sent another for a cca request. This morning I received a letter and what looks to be like a credit agreement from them. Apart from them claiming that a creditor is in a different position to a postman etc they state that my phone number and email address have been removed from their files, yet within the past 2 hours ive received 2 phone calls and a text which reads: "Unless you call us urgently on 01138 876876, our agent will attend your property unannounced". I also note that on page 3 of the credit agreement there is no signature only my name, address and an X next to I agree. Not sure how to proceed with this, would appriciate some advice.....
  24. Hi , I would very much appreciate your help with the debt i have... Firstly i was sent back in june/ july 3013 about an impending county court date for the amount off £1100 from a Capitol One credit card. The collector named was Lowell Portfolio whom i believe had also appointed LRC Legal Recoveries. I replied to the county court letter by responding to Lowell sending them a CCA Request (rather than replying to the court letter) about me disputing the debt. As i never informed the court the proceedings went ahead anyway and i now have a CCJ with a new debt of around £1600. The CCA request was ignored for nearly 3 weeks so i issued to Lowell "Account in dispute" letter" which they promptly replied by also thanking me for my 1st letter "CCA Request" they said there were dealing with this. That conversation was on or around the 3rd of August. I have not had any correspondence or contact with LRC or Lowell prior to today 9th Sept via a phone call made by myself to Lowell. Lowell replied by saying that on the 14th August they sent proof of the debt to LRC (nearly 4 weeks ) i havnt received any proof! Could anybody shed some light with there opinion/ advice if they think the proof is legit how to obtain that proof ? and how i should proceed if they do or dont have proof. If they dont have proof they i would like the CCJ removed from my credit file Any help or advice would be very appreciated thank you Craig
  25. Hi, I've been receiving letters from Capquest re a Next Directory account and thanks to reading the helpful posts on CAG I sent them the CCA request letter recorded delivery on 1st June. I received the following letter back dated 3rd June:" Further to recent contact wtih our office and your request for further information in relation to the above account, we would confirm that your account is now on hold for 28 days whilst we obtain the information required. If you have any proof of payments or correspondance that would assist with your query, please forward these documents, with a brief covering letter to our Collections Administration department, so that we can resolve this matter as soon as possible." Obviously I didn't assist them and sent nothing. Then I received this letter dated 8th June:" Further to your recent correspondence and in order to process your communication further, we would request you provide the following information by 17 June 11 to assist us in resolving this matter. Proof of residence at the time this account was opened: 1st December 2008 Your assistance would be greatly appreciated. Please note this is not a demand but a request.&quot ;My question is what do I do now? I'm not going to kindly assist them by sending them anything and interestingly I'm pretty sure that the account was opened well into 2009. Do I send them this letter from the library and then what? Or do I wait? Help, confused myself reading too many forum posts.
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