Hi All, Just been reading another thread and thought I would re-post about my problem with Welcome Finance. I took out a secured loan in 2006, the property was repo'd by the original mortgage lender (I gave them the keys instead of going to court). Welcome got a payout of 10G from the sale, I thought that was that. About two years ago they came back to me demanding a further 10G as it was a shortfall, so began a very long and inevitably fruitless complaint with Welcome. All until the last letter that I had which stated: "The loan was pre-paid, which means the loan was in CREDIT at that time not necessarily settled" I've sent my complaint to the FSCS on the advice of the FOS, however am I right in thinking that they should have settled the loan and gone no further? As they are a failed company guess they are trying to get as much money off people as possible.

Morning all, I sent off a CCA Request to NatWest around mid-March that was signed for at their Birmingham office on 17/03/2014 - that request included the £1 statutory fee in the form of a postal order. I have kept the tracking number for this item and have the surname of the signatory. I have since received notification that my debt has been passed on to a company called APEX, who were actually surprisingly helpful when I rang them. They've advised me to get back in touch with NatWest and in the mean time they will ensure they don't bombard me with calls and letters. When ringing the NatWest call centre, they seemed baffled at my request and insisted on treating me like a standard collections customer who just doesn't want to pay. Even after explaining that I have submitted a CCA request, they continued to say I need to contact APEX. Note, I did not send a follow up letter because I wrongly assumed that my initial letter regarding the debt had led them to drop the matter as I had received no further contact since last week when I received the APEX notification. Just wondering the best way to go about this now, as I am keen to ensure there are no adverse credit score implications. Thanks in advance.

Can somebody please provide some guidance on the following: Loan Should a Notice of Sum in Arrears be sent to a customer when their Accounts is transferred (due to Arrears position) over to Debt Recoveries under a Debt Management Plan. Is this a CCA requirement to send out a NOSIA at this stage of the process? I am aware that one should be sent when in arrears, but not after its been defaulted and in Debt Recoveries. Please advise

Hi I sent a CCA request last week and received this reply. Card was taken out early 80's and was TSB Trustcard. I've had at least 6 different account numbers and various changes to the card name but have never had to complete a new CCA or received any different T&Cs. Is the reply just a standard letter?

Hello, I have send Lloyds TSB a letter requesting a true copy of the original credit agreement under Consumer Credit Act, they responded with a reconstructed agreement. I then went on to make a further request under CPR 31.16 to obtain a true copy of the signed agreement. TSB responded saying: "At present, we are unable to locate your original signed agreement and cannot, therefore, provide you with a copy of the signed agreement at the moment" "Please treat this letter as our final response" To date they have failed to meet my request under the Pre-Action Protocols. Where do I stand now and what should I do next. If they are unable to supply the signed agreement what can the courts do about it? Thanks, Kaarejen

Dear CAGers, In July last year (2013) I sent out a CCA request to Apex Credit Management and all I had back was a letter to say they would work on it. Then last week to my surprise (10 months later!) they sent a copy of the CCA. Now I’ve started to get a few calls a day from them (I haven’t answered any though). Would someone kindly cast an eye over what they’ve sent so that I know whether I have to start paying them something, or suggest any ideas? Many Thanks

Hi - received a Summons today from MKDP and POC claims that is monies due under a bank account facility but in fact was a First Direct Gold credit card! Can someone with more experience confirm we're doing right thing in sending CPR 31.14 for documents to claimants asking for copies of said bank account, original agreement, DN, TN and NoA that they intend to rely on? We're a little confused as to why they are stating it is a bank account when it was very clearly a credit card. We have statements from August 2008 (when the account was terminated?) t hat state it is a 'gold card statement' and looks exactly like a normal credit card one - with credit limit, etc. We're assuming that as it was a credit card they cannot take us to court saying it is a bank account?

Hello any advice on this would be great please! I have an outstanding balance with next catalogue. I have recently fallen behind with payments and have kept in regular contact with them regarding payment plans etc as my hours dropped in work. I have been paying around £50 per month however this has not stopped them now issuing a default and passing me to a dca who have began to text and call me even though I have received no written correspondence from them as yet. I have not called them back or answered the phone. I contacted next and asked if they could help and they are not interested and told me a default will be registered against me. I want to do anything I can to avoid this! It is not my intention to avoid paying the debt or ignore it...I simply want to try and avoid a default. I know for a fact that they do not have a cca as I have never signed one and wonder if there is anyway I can use this to my advantage to get them to take the account back and allow me to clear the balance without a default?

Received wisdom has it that one should send a claimant’s solicitor a CCA as well as CPR 31.14 request when seeking to elucidate / elaborate upon particulars of claim for a debt. The reasoning is that they are under a statutory obligation to comply with the CCA but not the CPR request. However, given that the defendant can request the court to force disclosure, and that the court will most likely accede to this request, what are the added benefits of the CCA? I ask because certain debt purchasers and solicitors of note have taken to playing silly burgers when sent CCA requests (eg Carter claiming that their ‘client’ is not the creditor). I do not quite see the reason to request something, disclosure of which the court can compel anyway. I know there must be a reason, but I’m afraid it has eluded me. (doh) Enlightenment sought and graciously received. ps Sorry I didn't know there was a separate Legal forum where I maybe should have posted this.

as my original thread has disappeared I am updating with a new one. Do I just ignore these muppets now, or is there something 'juicy' I can send them to get them to act? thanks, G From the DCA : 'We have received a formal request under the Consumer Protection from Unfair Trading Regulations CPUTR 2008 for a copy of the Consumer Credit Agreement which related to account xxxxxxxxxxxxxxxx. We can confirm that we do hold a copy of the agreement for the above account; however we have requested on five previous occasions confirmation of any name changes before we could send this information to you. To date this information has not been received. In order to send the document to you, we do require confirmation of any previous names you have had, along with the dates of these changes. As this information has not been forthcoming, we must assume that you no longer require a copy of the Credit Agreement, therefore the account will be returned to our collections team for collection activity to continue.

Hi , im new here , just a quicky. what should a cca look like ? I have recived CCA, however it is titled SECCI, is this correct ?

Hi, I have received a letter today from cabot stating they are unable to provide my cca within the relevant time period, and that they will continue to request it from the OC. I also asked for a copy of any charges and interest etc on the account but haven't received these either. What shall I do next as this debt is not SB and will be on my credit file for at least another year. I wish to settle the account but do not want to pay an extortionate amount in added extras (interest) purely for their benefit. Any advise would be appreciated. Thanks.

Morning all. This is a written response from Cabot for 3 CCA requests, All outstanding and no communications from them since the date of the letter. No response from the failure to comply letter either. The prescribed period 2.14 The period within which the duty must be complied with is 12 working days after the request is received. This is set by the Consumer Credit (Prescribed Period for Giving Information) Regulations 1983 [sI 1983/1569]. Since the period of 12 working days runs from 'after' the receipt of the request, when calculating the period the day the request is received is not included. However, the information must be given 'within' the period, so that the calculation of the period will include the day the information is sent. 2.15 By section 189(1) of the Act, 'working day' means any day other than a Saturday or a Sunday, Christmas Day or Good Friday or a bank holiday. Next steps please? This is a 2010 debt last payment was in 12/10. Debt is IRO £300 The CCA request was sent by RD on the 17/01/2014 Signed for by Cabot 20/01/2014 they know what it is but will not respond Same story for the other two as well all same details Yes I know it is 12+2 days lol but hey they are still not responding MM

Hi everyone, O/H has been made bankrupt for an alleged debt that he know nothing about. Quick Timeline oif Events.... May 2006... Alleged debt was 1st brought to his attention by way of a B136(CO) after an ICO was granted in April 2006, application to register a *Restriction against O/H's B.I. in our property *[Restriction = Solely owned debt on jointly owned property], it further stated that a Copy of the ICO had been sent to them by the applicant should He wish to see it. The B136(CO) was the first time the alleged debt was brought to his attention. June 2006.... Solicitors letter re: the non payment of the alleged debt, within the 1st paragraph I was disgusted and appalled that the alleged debt had already been the subject of the Courts on 3 separate occasions, none of which O/H had any prior notification or documentation of. It was stated that the alleged debt was the subject of a Judgment by default obtained @ NCCBC by way of a MCOL, No prior knowledge therefore No defence submitted, and judgment granted, it was then stated that an ICO had been granted in April 2006 @ Epsom County Court, once again this was obtained by default, as no prior documentation/ notification was received. Neither myself nor my O/H has seen any documentation as at todays date for the above 2 court claims, although a COPY of the ICO was sent to the Land Registry Dept . The letter then stated that a FCO had been obtained, whereby I noticed that the FCO had only been obtained 5 days before this letter, once again this was obtained by default as no defence was entered, The FCO was obtained at Epsom County Court, whereby it stated on the order , upon hearing the solicitor for the claimant, and there being no appearance by the defendant therefore No Notice of Objection filed. There would not be any appearanvce by the Defendant as the defendant was totally unaware of any court action taking place neither did he have any knowledge of the alleged debt. I replied in writing to the solicitors, and stated that neither myself nor O/H acknowledged any debt owing to themselves or their clients,I stated that I was appalled sgusted to learn that the alleged debt had already been the subject of 3 court claims of which each one was granted by default, no prior documentation or notification of the alleged debt had been received by O/H. I finally requested that before any discussion of repayments would be entered into, i requested signed valid documentation re : the alleged debt be produced as soon as possible, as he does not acknowledge any debt with their clients or themselves and trust that this request will be given a speedy response. Until the production of the requested documents are received, The alleged debt is disputed and will remain as such until the production of the requested documents. June 2006, up to and including October 2006, I played letter Ping Pong, requesting on various occasions that the requested documentation re: the alleged debt be produced as the debt was still in dispute as far as I was concerned until the production of the said documents were produced. I did find that the alleged debt was for a credit card with the Associates Capital Corporation. This confirmed that the alleged debt did not belong to O/H. Nov 2010.. Stat demand dated as above but date was a Saturday, the demand was not personally served or was not sent by registered/recorded delivery, It had been posted through letterbox, but I am uncertain of the date it came. Upon reading the SD I noticed quite a few inaccuracies stated, eg: incorrect Claimant , incorrect Court Claim No entered, stated that payment was due immediately, and to the extent the sum demanded was secured. I had not seen any documentation re the Judgment or the ICO, so would not know exactly what the judgment had stated. I also noticed that the reference No: was entirely different to the one used prior to the SD. I naturally assumed that with all the inacuracies that the SD was a tactic in order to come to some arrangement of repayment, as far as I was concerned no production of the requested documents had been complied with therfore the debt remained in dispute . I then received a bundle of papers dated 1st April, they had come by normal postal service, on opening the letter, It was from Different Solicitors acting for a dufferent claimant, than what was entered on the B136(CO), and which were still registerd with Land Registry. Anyway cutting a long story short, Incorrect claimant and solicitors obtained BO May 2011, notified by Solicitors letter enclosing copy of B/O dated June 2011. O/R visit whereby explained incorrect claimant and solicitors obtained BO, but the alleged debt had been in dispute since June 2006, and had not produced any valid documentation re ownership of the alleged debt. I had received No NOA, No Default Notice, No valid documents, No Notice of change of solicitors , of which 3 had been used. Wrote a letter to Solicitors (3) stating that the debt had been disputed since 2006, with requests for documents on various occasions being totally ignored, therefore I enclosed the £1 fee and requested documentation re S77,78,79 of the CCA 1974 Act, and stated that the requested documents be produced within the time allowed, I also stated that a copy of the letter and the appropriate fee had been sent to 1st Credit Ltd. Letter in reply bfrom solicitors stating a hand signed document be sent to them stating that discussion could go ahead with my O/H, therefore they were not able to honour my request and returned the fee. they also stated correspondence would be with the I/P. Letter in reply to my CCA request from 1st credit Ltd, was by way of Connnaught Collections, stating in reference to my cca request, they reminded me that a judgment had been obtained in 2005, and would be relying upon the judgment rather than the original agreement, that they now confirm that they have requested from Original Creditor, and will forward these as and when they arrive. A final response after intervention by FOS in Sept 2012, 18 mths after B/O for the production of valid documentation re the alleged debt, met with a final response Letter dated October 2012 with a different ref No and from 1st Credit Ltd, stated 2005 judgment obtained, , that they had purchsed the Account from associates Nov 2003 and were the legal owners, stated a NOA had been sent(disputed) and that a FCO had been obtained Jun 2006 @ Epsom County Court, (obtained by default,) and then stated that a B/O against me had been obtained MAY 2011. August 2011, state thay received my cca request, whereby they requeste the documents from O/C, and are sorry at the amount of time this is taking, but as stated in their previous letters they are relying on the judgment not the agreement which they have not got in their possession. That said they have now paseed the debt to connaught Collections to collect the amount overdue. The alleged debt is not stated upon O/H Credit ref, there is no solely owned debts showing at all. After researching the CCA 1974 and the companies involved x3 and the solicitors x3, I have come across legislation by way of 127(3) pre 2006 agreements, and also the "Wilson V first County Trust Ltd" where it is stated that " If No written agreement exists, then the RESPONDENT was in error when it stated that a liquidated and legally enforceable sum was due at the time the BP was issued. Lord Nichiolls of Birkenhead in The House Of Lords para 29... states The Courts Powers under S127(1)are subject to significant qualification in 2 types of cases. [1st type].. is where S61(1)(a), regardig signing of agreements, is NOT COMPLIED with.In such cases the Court shall NOT make am enforcement order unless a document whether or not in the prescribed form containing all the prescribed terms was signed b y the debtor. S127(3) Thus signatures of a document containing all, the prescribed terms is an essential prerequisite to the courts power to make an enforcement order. In the case of Dimond V Lovell [2000] UKHL,27 Lord Hoffman said at page 1131; "Parliament intended that if a Consumer Credit Agreement was improperly executed then subject to the enforcement powers of the court the debtor should not have to pay. Summary of.." Wilson V First County Trust Ltd"(2003) UKHL 40.... The wilson case made it clear that in the event of NO acceptable Consumer Credit Agreement then the Creditor COULD NOT RECOVER monies owed under ordinary contract Law regardless of whether they could prove the debt existed or not--- This was the decision of the House Of Lords and should therefore be bindiing in this court.... I am still disputing the debt as no solely owned debt appears on ny credit ref document dated June 2011, but if all else fails the CCA Law regarding agreements pre 2006, states NO agreement No Debt.# I have their Final Response Letter stating That they are NOT IN POSSESSION of the agreement, and are reying on the judgment instead, which was obtained by an Abuse of the Requirements of the Civil Procedure rules CPR Paragraph 7.3 of Practice Direction 16 says .. 7.3.. where a claim is based upon a written agreement (1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the ORIGINALS should be available at the hearing. However another Practice direction states... A copy of the Contract document does not need to be attached if the claim is made by MCOL.... HOWEVER, the requirement to produce the ORIGINAL IN COURT IS STILL VALID... All The above were valid researched information that I was going to use in my application for an annullment, on the basis of it should have never been allowed, re no original documentaion, being the secondary point. the First point was that the alleged debt does not belong to myself, No acknowledgement of debt or claimant by me. After arguing with the O/R re disputed debts and the I/P for errors that were made re the DPA within the letters that were sent , whereby it was stated that they were small admin errors... "Identity fraud springs to mind "............ but after critisising their errors , I THEN RECEIVED A LETTER STATING THAT ALL STAFF WITHIN HER OFFICE HAD BEEN TOLD NOT TO DISCUSS ANNULLMENT AS THE BANKRUPTCY WAS GOING AHEAD. I AM A DISABLED MOTHER GRANDMOTHER, AND HAVING RESEARCHED INTO THIS STILL tHINK THAT THE BANKRUPTCY SHOULD NEVER HAVE BEEN MADE, AND THAT the DCA's and solicitors Involved (well aware of the CCA Legislations) have conspired to DEFRAUD myself and my O/H of our family home. WHICH THE i/P AND SOLICITORS HAVE OBTAINED A COURT ORDER FOR VACATION OF THE PROPERTY BY 19th March, as the amount of Equity is near to £100.000, with a nominal £20,000 left to pay to our mortgage company. The Majority of the Mortgage payments since 1997 to 2009 where paid by my O/H by way of her Monthly Health related benefits consisiting of High Rate Mobility Allowance and DLA payments . I feel that the O/R should have looked into all this when told about the disputed debt, and there being no valid agreement in their possession, the DCA'S INVOLVED HAVE COLLUDED AND CONSPIRED KNOWING FULL WELL THAT THE DEBT WAS UNENFORCEABLE IN LAW AND THAT THEY REALLY DID NOT HAVE A CLAIM ON THE PROPERTY. i HAVE TRIED EVERYWHERE i CAN IN ORDER TO GET THE BANKRUPTCY ANNULLED BUT EVERYWHERE I GO FOR ADVICE AND HELP, AFTER SEEING ALL THE ORIGINAL DOCUMENTATION FROM 2006 TO PRESENT DAY, THEY STATE THAT THE CASE IS Far to complex for them, and I should really be looking for a specialist solicitor dealing in Consumer Law and CCA 1974, 2006 acts. The I/P are escalating their duties and have also vastly uncreased their price, which if it rises anymore will almost certainly mean the Loss of My home through the Deceipt and corruption used by the DCA/s Involved, WHO WERE FINED A TOTAL OF £50,000 IN 2009 FOR THEIR "UNFAIR COLLECTION ACTIVITIES, AND VEXATIOUS ACTIONS, WHICH HAS CAUSED ME SEVERE DEPRESSION , AND A DRASTIC DETERIOTION TO MY HEALTH. hAS CAUSED MY FAMILY A VAST AMOUNT OF UNDUE STRESS AND IRRITABILIY THE ABOVE ACTIONS HAVE COMPLETELY TAKEN OVER MY LIFE SINCE THE BANKRUPTCY ORDER WAS MADE, i AM NOW GETTING DESPERATE AS TO WHAT ACTION ITAKE AND WHERE i CAN GET THE SPECIALIST HELP NEEDED, AND WOULD HOPE THAT IN VIEW OF EVERYTHING THAT HAS NOT BEEN COMPLIED WITH, OR QUESTIONED, AND i FEEL THAT THE COMPANIES AND SOLICITORS INVOLVED SHOULD PAY WHAT EVER IS OWING SPECIALIST HELP NEEDED ASAP Idid inform the OFT re the DCA's deceitful and vexatious actions of the DCA's conspiracy to defraud knowing full well that the debt was not legally their/s and which they had no claim on whatsoever

just got home from having a puncture on my mobility scooter lol, and came home to find that Vanqis are having a bop now ffs lol.... i sent in all required information to them recorded delivery ( i have proof of delivery and signature) disputed the excessive charges currently (£400)+ i do have repayment option plan and they have now said they will respond to my complaints for refund within 56 days, so using this snippet of info if i now get a DCA write to me i wait 56 days or near enough to reply

Hi, Trying not to go into too much detail (and apologies for multiple questions) Santander Consumer Finance issued me with a default notice last July, which I did not receive because I moved house. They then sent a notice of termination once I told them I had moved. I didn't want to get into semantics with them about whether the default notice was effective because I received a copy afterwards and don't dispute that I was in default. After they sent the termination notice however they continued to chase me for payment of what they were describing as arrears, even after I made a formal written complaint asking for some clarity - asking what the hell was going on - had they terminated the agreement or not? And if they had why were they telling me that I was missing payments every month and sending me letters threatening to terminate the agreement when they had apparently already terminated it? This went on for months and the only explanation came from their complaints department that sometimes they will allow people to just pay off the arrears and reinstate the standing order for the original payment amount "as a gesture of goodwill". I made at least two offers to enter into a payment agreement with them and these were ignored. The case is now with DWF solicitors who say they have issued the claim at court. I really just want to know how to defend the case - can the default notice and termination notice really have been valid/effective if they continued to chase me for payment of arrears (which increased month on month) and threatened to terminate a by then non-existent agreement. I am a solicitor so have no problem representing myself but we need the car and have paid more than half of the amount owed on the original agreement and have made what I believe to be reasonable attempts to resolve this without involving the court. Santander however seem hell bent on throwing money at this matter to get the car back, despite the fact it is worth less than the outstanding balance. I have made my dire financial state clear to them on innumerable occasions and have been ignored, I've also asked for clarification in writing of why I was being harrassed for payment of arrears when they said the agreement was terminated and that request has also been ignored. This isn't really my area of expertise in law, although I do deal with county court procedure so know about the CPR etc, I'm just curious to know whether I can argue that their actions have invalidated their termination notice. I'm also wondering whether a without notice application for an order for an extension of time to pay the balance would be worthwhile. I was thinking about stressing my financial hardship and my previous offers to pay as well as the complete waste of the court's time and costs dealing with this matter when I have made offers to pay what I can afford. Am I right in thinking the court won't make any orders that would increase my financial hardship? Losing the car would mean my partner couldn't get to work, which would mean losing the job he only started last week after 18 months of unemployment (which caused the financial hardship that led to the default in paying the agreement in the first place!) I'd like to think the court would take a sensible approach and realise that the car is worth way more to us than it is to them (we have a three year old and a four month old and really need a car), but I know what judges can be like and want to make sure I'm doing everything possible to avoid losing the car. Thanks for any advice you can offer. Katie

Hi All, Had a response from IF to a CCA request on a credit card. Quote: "Further to our letter, at the moment we are not able to provide a copy of the original signed agreement but I have enclosed a copy of your original Terms and Conditions, however we can confirm that our procedure has always been to obtain our customer's signature to an agreement containing the prescribed terms before entering into a credit card agreement. As such, we are confident the agreement remains enforceable. By providing you with the documents attached to our previous letter, we have satisfied our obligation to provide a copy of the executed agreement under Section 78. However, even is an agreement is unenforceable, the contract still has legal effect and is not void, the lender is merely prevented from seeking an enforcement order from the court. It has always been our process to ensure that an agreement complying with the CCA requirements would have been signed by the customer before setting up a credit card account. Should this proceed to court we will adduce evidence to confirm this..." It goes on to warn about using the services of claims management companies etc.... They have attached a badly photocopied version of the Terms and Conditions. I'm confused here - am I still in dispute with them until they turn up a copy of my signature? Should I start paying them again? As always, any help much appreciated. JJ

Hi everyone. I am assisting an old lady where I live and Cabot are acting as collecting agents in this matter. It's a credit card full of fees and will follow protocol to see if it is enforceable, as it was taken out in mid 2004. A SAR will go out at the appropriate time, as we do not have all the statements or letters. A CCA request was issued my me on the 17/01/2014 signed for on the 20/01/2014 screenshot taken of the receiving signatory. All in all there are 3-5 accounts with CABOT and this same letter was sent out for all of them by CABOT in response to my CCA requests. I have received this reply as attached (PDF) They have said they are entitled to 40 days to respond to my CCA request, even though I know it's only 12+2 days. When I rang them and queried this the agent simply responded that new rules state that they now can take 40 days to reply to it. I said no it's 12+2 only. (calls recorded) The response from them was put on hold and they checked out the regulations on this matter,my response to this, you are wrong, they duly returned and said no it's 40 days, I again reiterated that a SAR is 40 days and a CCA is 12+2. They then said can we email you the legislation and you will have to wait till our clients get back to us and we will forward the CCA response to you. So my question is, 1. will they fail the CCA time limit? 2. Are they correct? 3. Am I right and it is 12+2 days Letters sent by me so far 1. DPA release to deal with 2. Prove it letter 3. Telephone number removal notice 4 Doorstep threat reminder (don't Visit) 5 All contact is to be in writing. So far this DCA has been good and compliant thus far. I don't envisage any issues with regards to compliance from them and all contact has been believe it or not pleasant for a change. MM

Hi all, On the 18/3/2014 I wrote to the Halifax BOS with a CCA request for an account I have been paying via Payplan for the last 6 years. This was on the advice of someone else on this forum - same person advised I post here when I had a response. On the 15/4/2014 they wrote back to me enclosing a copy of the original signed form and the signature is mine and does relate to my account. This is one of 6 accounts Payplan were distributing payments to on my behalf and to date, is the only one to respond. My question is, what do I do now? I cannot restart the payments with Payplan as I've not had a response from the other creditors and I think I'm correct in saying that the account is no longer "in dispute" as they have responded? The estimated total owing on my Payplan account is considerably less than the amount Halifax claim I owe on the account. I'm desperate to clear up my credit file (the original default has dropped off my file, but I don't want anything new registered on my file). Any advice anyone has at this point would be hugely appreciated. Thanks, JJ

With respect to the MBNA accounts there are no negative markers against these accounts. At the current rate of repayment they are due to be paid in full in approx 18months time. I would just assume they would stay on my cra as no default was logged against them. Surely these will just show as settled in full or will they be removed once the final payment is made? I'm not looking to F&F these two accounts purely arguing whether they are enforceable by correct execution of the CCA.

Hi All its been a long time since using this forum so if someone can help along the way than that would be great, My friend has got into debt and hes worried so i thought i would try and help with the advice i have received in the past, together i think we can assist hopefully, History information i have is that he is In debt for a capital One credit card -Now with interest and all charges adds up to over £8000, this was taken out in April 2002, he has gradualy made infrequent payments due to his financial circumstances and has recieve the usual default/sums of arrears letters. When i got involved i sent capital One an agreement on his behalf of £30.00 per month which they accepted, They have now got Fredrickson involved and they are chasing him using the usual tactics. I have started a story board/file which i always use so Now it begins, To date I have sent off a sar/cca and hope to dispute the debt due to unenforceability? To which i have a letter back along with a single page application form and new tc's along with a letter from Cap One, Not having been involved of late with enforceable issue can someone enlighten me with court action regarding this and advise me if these grounds of dispute still stand Thanks in advance

Hi All, Slightly odd question, have looked though the forum but cant seem to find anything on it. if the data provided to 3rd parties about you by your credit card company is factually incorrect, are they in breach of the DPA or CCA, If so do you know what section? Also who is responsible for ensuring the accruacy of the data displayed on the CRA, the supplier or the CRA? Ross

Hi, I had a debt from Barclay's card £400 . In August 2013 I sent CCA request to Wescot (acting as DCA) for Barclays Card Services. Barclay's themselves sent me a copy of application form without any prescribed terms I argued back with them in subsequent letters and they say they will find CCA and send me. Last week I got a letter from Wescot they confirmed there is no CCA available for this account therefore this account is unenforceable yet it is collectable (I do understand this). After this letter I stopped the token money of £1 which I was paying them. Did I do the right step or I shall continue to pay them. As I have stopped their payment what they can do next? Please guide me further - Thank you very much.

Hi, CL finance has sent me, when I asked them for CCA, a copy of application form. They say since there are signatures on the application form they think this is what they will have now. But there are no 'Prescribed Terms' in it. This debt is over 12 years old. I am paying them a token money. I am planning to write back to them that I do not accept their logic and would demand copy of CCA. What shall I do? Any comments please!

as far as i can recall in 1992. might be a current account or joint account... also i been receiving other letter from them which i do not know for sure what it is. (HBOS)