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.

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

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

Hi, I requested a CCA from welcome and sent a £1 postal order, they have sent the postal order back to me with a letter saying they need to see a copy of my passport before they can send me a cca. I am reluctant to do this as not only do I not want them having any more information on me than they already do, but they continue to write to me with spelling mistakes in my name. (they add an extra letter onto the end of my first name) I'm a bit stuck as to what to do now..... Thanks

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'.

Does anyone have any references to s172 decided cases? First instance would do... The defendant is getting booey with me and insisting its efforts at compliance are all 'honest' mistakes and would provide for relief (assuming it ever applies)

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.

hi recieved a letter some months ago from lowell about an old catalouge account i had from 2010 looking at my credit score lowells have defaulted me on this catalouge.so i sent them a cca request with the applicable 1 pounds admin fee.recieved a a office copy of the cca from lowells on saturday and a letter saying they look forward to proposals of repayment of £857 i have uploaded the cca they sent me.any advice on my next move would be greatly appreciated.thanks

I'm new to the forum andcin need of some advice about where to begin please. Myself and husband have been ina a DMP for several years. Some accounts are being pursued by different DCAs and after reading various posts on CAG I wonder id we should be challenging some of these, who frankly are making our life a misery with harrassing phone calls. Can anyone advise me (in simplecterms) where I should begin please ?

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.....

Hi, Hoping someone can advise me on this... ...i sent off a CCA request to Cabot for two of my debts they now own - on eof those being Barclaycard(account opened 3/8/2006). I have received a letter today saying that they don't currently have it but have requested it from the original lender, and that they anticipate being able to get it in 40 days. Now if i understand correctly I *could* put this account into dispute once the 12+2 days are up BUT my creditors are managed through the CCCS (who have always been very good with me). Additionally I remember reading that 2006 was when some changed occured regardind what CCA were acceptable to be 'reconstituted' - i'm not sure what this means?? So I'm a bit flumoxed! I pay them £5 a month at the moment (and on my credit referency agency reports it states £5 per month until forever) and it is one of the few accounts that never defaulted so now I am three years down the default road i don't really want another one to restart the 6 years. Additionally the other CCA i requested (and that they made NO mention of) was for an EGG card opened in December 2003. Sorry for the waffle - should i give them the 40 days to get in contact with Barclays? Are they entitled to this legally? As the EGG amount already has a default if they can't produce the CCA and i dispute it can they put another default or mess with my credit/take me to court etc? Hx

Hi, I received a notice of pending legal action from cohen solicitors saying they have been instructed to issue a claim against me in the county court for a santander £1412 debt so i sent them a cca request. This is their reply - We must advise you that requests for copy credit agreements under s.78 The consumer credit act 1974 only apply to running-credit accounts as defined by CCA. Your account is no longer a running-credit account because your credit facility has been withdrawn because it is in default and s.78 CCA therefore does not apply and there is no time limit to respond. However we will out of courtesy request a copy of your agreement from our client for your records. Are they correct in saying s.78 does not apply and there is no time limit? They also say that there has not been an assignment of this account. What does this mean? Any advice appreciated.

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

Hi, It’s another topic from a long time reader, as itseems that I don’t have the applicable knowledge on here to contribute to thewealth of experience of other posters. Thanks in advance for taking the time to read this I throw myself at the mercy of the forum, and any advicethat you can offer regards to my current predicament. History:- Back in 2005 myself, and a business partner had abusiness account. We were not limited, just partnership. The business grew, more cash flow was required, and soonan overdraft of up to 23k had been run up. We were expanding rapidly, staff andstock.. The overdraft was extended numerous times, in smallincrements each time incurring a £500 arrangement fee. This was never once,signed for, at one time, it was done twice in 1 month where the manager hadupped it twice, after being asked once.. After trying to chisel away at this, and reducing thesum, on the advice of a business manager, it was turned into a business loan.It was less interest, and looked better to the bank to be seen to repay it. This happened simply by talking about it, on the phone.An email was requested to confirm that’s what we wanted to do, but this wasnever sent. ( im male, and it’s in our nature not to do as asked sometimes). Thefunds landed in the account. Payments were made on this up until the recession starteda good few years back. When we couldn’t afford the payments. It just neverseemed to end. Payments were crippling us, they kept increasing also. We had itback down to just over 10k when we couldn’t pay anymore. So, we worked out somesums. Working out what was left to pay, and what we have paid,meant me had paid over 25k back, and yet had another 10k left to go? This didn’tadd up, given the term of the loan, and how long it was paid, that the 10Kwould not be paid within the timescale of the alleged agreement. This andcaused us to start asking questions. At the time, the overdraft was under 3kalso. We had (due to financial reasons), stop paying, approx.2008 and we had banked with another high street bank for a while before this,so the business could be run under a new name, while it was being closed. As the old business ended. I sought work elsewhere, andthe partner continued to run what was left of the business. After no payments were made into the account, they tookover a year to phone the business and ask why? We asked for confirmation of anydetails verbally to managers, regarding copies of agreements as we felt we weretreated unfairly, and they never phoned back. More time passed.. and we gotletters every 6 months informing us the balance. After seeking advice on here in 2011, I requested a CCAfrom them, with the 1£ PO for each of us, as per the template on this site.Nothing. We sent another six months later, Nothing! so they’ve nowhad over 2 years to respond. Over a year back, my wife’s mobile phone rang.. Andsomeone on the other end, not saying they were from RBS asked if a (my Name)was there, and was it the same ( My Name) that had a business called (Businessname) ?? They then said it was RBS, and could they talk to me. She said yes, that’s my husband. She put the phone onto myself. The conversation was very vague. I informed them that the alleged account was in dispute,and that details had been requested. They also asked, repeatedly, if I had acopy of anything, I said “I had something, but not sure what it was”. They keptasking.. “do I admit I had an agreement”.. I would not answer this. How they got the wife’s mobile, is beyond me. I had thesame phone number at my house/previous house since 1998, and the same mobilefor the last 8 years. Yet? they didn’t have my details? I may have what looks like an agreement, however it’s notsigned by me, the other partner, or the bank. There is in fact no signatures atall, or provision for one. There are no dates, and the sections regards to paymentsare linked to points which don’t apply, or not there. It’s so vague, it doesn’tcover much. Over a two years ago, they have since sent me the firstletter ever asking me to talk about a repayment plan. Followed moths later bytelling me that they had passed the debt onto a third party collection company. (I have dealt with an HSBC loan a few years back, ofwhich we settled before it got to court, and looking at how quick that moved,makes me think that RBS may be hiding something. The HSBC did NOT mess around,from letter of default, to court form in under 3 months) There have been numerous agencies that this has been soldto, Triton, Zinc (nightmare), Westcott , I’ve lost track. I have not acknowledgedANY in writing, since in my opinion, since RBS did NOT send a CCA as requestedall those years back. There’s been over 10 differing agencies, and letters fromRBS every 6 months telling me that the new collection agency will be XXX I have a drawer full of letters, threats, act. There’scalls to my mobile, of which I had given them as they were calling my wife inwork, asking to speak to me. Despite informing them that its nothing to do withher, she still gets calls now. She has ended up blocking them. Calls to me, happened several times a day, in work, home,after 6pm.. I had to change my number. Almost harassment, and job costing. Yet, over all the years, the ex-business partner remainsUN CONTACTED, despite mobile being the same, same address and so on. Im thinking it was a fishing call, and there only lead, that’sbrought this. I also think that fishing to my wife’s mobile, to ask for me, isa grave data protection breach of her records. And, sending these details toother parties is a further breach. The current agency, is Tenon, and again, no communicationon my part. A few letters inviting me to London (Could not afford this) andthen the threat of a home visit after 6pm, over the next few weeks to discussface to face. This puts a burden on my relationship, and suffering fromdepression/anxiety, compounds the situation. What if my 6 year old answers thedoor to someone? The wife is Overall, it looks like the goalposts were moved, andrates/payments/arrangement fees were repeated added onto the balance, which isnow 25k ish. ( funnily, it’s never gone far over it, over the last year orso..) Over 12K of charges, and fees. In the 6 month statements, they debit theloan payment from an account, then charge an overdrawn fee, then return themoney back as it was overdrawn, charging for the bounced DD and returnedpayment.. Charge city.. The total figure consists of 2 accounts combined, 1 anoverdraft, and 1 loan. I cant make head or tail of any figures, as they changeper DCA, that just demand 1 amount. A date for SB is not known exactly, but by memory, isnear. I don’t know exactly when, as there are no dates on anything I possiblyhave. My Experian/Equifax is clear, except for a satisfiedCCJ.( nothing to do with anything here) No defaults, no delinquent payments. Not sure where to go from here really… But I need thisending, its making me ill, and I can see why so many people can just fold,calling it a day. Im not ready to roll over just yet. Im thinking SAR, but If they have no details on me, thenwill an SAR give them something.? The only legal advice I’ve had, advised that the courts won’tbe interested, unless they can provide a CCA, is this why so far, were still inthe DCA route for 3+ years? Any advice would be welcome. Thanks. Loops

I have a Halifax One Credit card, the balance of which has been around £2400 for a year now, with me paying around £40 regularly, but not paying off any debt. I missed the payment by a week last time for the first time, but paid the amount, £38 a week late. now I have incurred a £12 late payment charge in addition to my monthly interest. This is the first such charge on my account. If people believe these charges are illegal, can I simply pay my next payment without the £12 charge and let the bank know I dispute the charge? Or should I pay it anyway and then argue about it? I have had this credit card since about 2010, and although I sent off CCA request today, I think it is likely the bank has all the documentation in order for a card that is relatively recent. If I stop servicing this old debt, how high can the bank take the balance? Eg the £2400 already includes mainly intereset, and if I don't pay can they add interest until its £10K and more, or do they have to move it to a DCA and stop increasing the balance at some point?

The second of my new list of threads: I CCA'd Cabot who replied. "There is no need for us to provide a copy of your credit agreement under the CCA for Current Accounts and Overdraft Facilities, as Part V of the CCA does not apply to these types of accounts. The exclusion of Current Accounts falling into Part V of the CCA is set out in section 74(1)(b). Therefore, as will not be processing your request for this account we have returned your fee with this letter. For your ease of reference the outstanding balance on the above account is £3,675.01. We trust we have set out our position clearly." It's not clear to me, what does this mean and what should I do next ? Any advice would be very much appreciated. Thanks TG

Further to my original post, here is the first of my individual threads per debt. Mint card have replied to my CCA with a pro-forma stating "S78 request received, however, this has been returned to you as we require your signature before we can proceed. Please sign your request for information and return to the address shown on the right hand side of this letter" Any advice gratefully received, thank you TG

Hi fellow Caggers, Got an issue with a high street bank in relation to an unsecured loan i took out for over 25k back in March 2007, this was done via mail with no interaction with anybody from the bank, they sent me the offer i signed and sent it back. it is my understanding the loan is not covered by the CCA as the upper limit was not changed till April 2008 to cover loans over 25k. The bank, however is saying it is covered. I think they have messed up. Any ideas what to do about this, is the loan voidable? i have asked them to send me a copy of the agreement. Panzai345

hi, I'm really in need of some help. My partner has had a ccj for an old debt taken over by wescot. We have moved house quite a few times recently so I'm assuming that is how we missed the original court papers. Immediately we knew about the judgement we contacted wescot to ask what the bill was for. aparently it was an old catalogue debt but the only one he had was only for a couple of hundred pounds. This is now £1700! Have asked for details of the original bill but they have never replied to our emails. We asked for the order to be varied there is also an enforcement notice pending. The enforcement notice has now been suspended on condition we pay £100/month!!! We offered £40. This is an impossible ammount for us to pay ,what can we do? It has never been agreed he owes the money anyway but court action went through before we could get papers in. It changed court three times before we could do anything!! I work part time and get working and child tax credits my partner is not working we have two depenant children and a 18 year old in training. I don't get how we are classed as poor enough not to have to pay court fees but well off enough to pay £100/month! Any advice would be really apreciated

I have had a credit card in dispute for over a year as bank have been unable to provide me with a signed CCA and advise they do not have a true signed copy this matter has also been all way to FOS where bank advise they have no true signed agreement However, after complaining regarding another matter i requested another SAR and bank have now provided the follow attached is this debt enforceable and also where do i stand as historically bank were adamant they have now signed agreement could this be classed a fraudelent

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.

Hello all! Hope someone can help me. I've been having an ongoing dispute with Very.co.uk about my payments as due to a huge change in circumstance (serious illness) I am unable to keep up the payments. I have tried to reason with them and sent them all my medical evidence, but to be honest they were heartless b**tards and I have now referred the case to the Financial Ombudsman. I didn't know if I should suspend payments in the meantime (especially due to how rude they were) or keep making them. The person with whom I had the correspondence at Very said they would not accept my token offer of £1 and they considered the matter closed and would not correspond with me anymore. So I sent my case off to the Ombudsman. I've been rather ill so put it the back of my mind until I felt better and then I asked the Ombudsman if I should suspend payments (still waiting on word back). Today I logged into my Very account and see that because I suspended my payments due to the dispute they have added charges and say my account is now £69 in arrears on top of my credit limit. Can anyone advise what to do? The FO are taking their time to answer and Very refuse to talk to me anymore, so I feel stuck! Any help would be great, thank you Lou

Hi Need a bit of direction please. Back In Feb 2011 I sent out 3 CCA requests to Barclaycard, Halifax and Capital One. They all sent reconstituted agreements. I followed up in Aug 2011 with a letter from CAG templates making a formal request under CPUTR 2008 that they confirm whether or not they hold the original signed agreement ( I cant find this in templates anymore?). I think 2 sent recon agreements again with the same covering letter they used for the CCA request!. Since then I have been ignoring phone calls and stockpiling letters (its interesting to see the various tactics they use , threats, sympathy, court action, home visit) from DCA's. 2-3 months ago I was caught off guard and took a call from MKDP on behalf of Barclaycard and after a brief conversation I said that Barclaycard had never complied with my request. Ive just had another reconstituted Agreement through from Barclaycard Via MKDP which has prompted this post. My question is what do I do next? Do I just sit tight and ignore the DCA's until the debt is 6 years old (assuming they don't take me to court).? Or can I be proactive in trying to stop the calls. I did download a 3rd letter from templates 2 years ago which I have never sent out and I cant find it in templates anymore, but still have a copy , which points out the debt is unenforceable and to stop harassing (I can post in thread if required). The other question is that Capital one and Halifax have put defaults on my credit score...do they have to stay? Any help would be appreciated

Hello I wondered if anyone could answer this question for me. If a DCA buys your account do they have to have a cca to prove the debt? My account was sold to Lowell and the say they hold no information before the date of purchase. Thank you

Split out from http://www.consumeractiongroup.co.uk/forum/showthread.php?396381-Observations-please-on-how-I-hope-to-deal-with-a-number-of-debts , addressing a group of debts. CCA letters sent to most, posting individual cases separately now as each progresses: ************** I have received a reply from Link Financial Outsourcing acknowledging my CCA request and stating that a copy of the Agreement and most recent T&Cs has been requested from the original holder of the debt, and that this can take up to 30 days. Whilst this appears to be a reasonable statement, does it actually alter matters as far as their obligation under s.77/78 is concerned? Do I allow them the extra time to take those external steps, or adhere to 12+2 days and send failure to comply letter if nothing has by then been provided?