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  1. I have received a copy of my CCA which is illegible. I can see my signature but can't read the agreement. They have also put a sticker at the top of the agreement with my account number. But I don't know if that is legal. I don't know what was written under the sticker. What is required to know that the agreement has been executed correctly?
  2. Hi guys, Do you send SAR requests to the original creditor or to the company who has purchased the debt? Cheers
  3. 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.
  4. I have been racking my brains to find a solution to my particular problem with GE money, thanks to this forum I have inspiration as to the course of action I can take. Ge money are trying it on with me now, but with the contributions from this forum I have found a way to chain the rottweiler. Thanks people. Some of the comments are so familiar that I feel as if it were me being spoken about. So, Briefly. Ge have been on the phone over many months with me; hiking up repayments & changing the game on an almost daily basis. Now they are taking me to court with a notice to seek possession. Well, That's what they think. Case date 14th Jan 14. I have considered carefully what response to present & after due consideration here's what I am going to attempt. 1st, they have levied charges on my account for late payments. These will be contested vehemently! 2nd they are relentless in their pursuit of so called arrears. 3rd, they think I will roll over for them to crap on me. Oh boy are they wrong! Thanks to the info found here I now have not only the confidence to tell them to go f**k themselves & the desire to make them answer to the stupidity, harassment, stress, pressure & worry they are putting me through! I am going to make them wish they never tried this on with me. Any success in my corner will be another victory for all those who are manhandled by this American run company who's only interest is cash & how to accumulate more of it. Iv'e no need to go into my personal story because it's much like those here that are talking about late payment fee's etc. Suffice to say that in addition to that they(GE) have ramped up repayments on me to a limit that I can no longer go beyond. In doing so and after accepting a genuine offer to cover cost of mortgage & additional amount for the arrears, they then proceeded to issue a notice of intent to seek on me not one week after accepting my repayment offer of +£60 a month on top of my actual repayment figure. I even have been told that they want to know what I intend to do to defend my case. Yer right, like I'm the idiot going to give the rottweiler a bone! I am composing my response, taken legal council through the legal aid route. Attaching supplementary evidence and statement of income etc along with a stern request of SAR if I get it back in time and going for the levied charges excess route that has contributed to untold stress, and racked up interest charges which hopefully will persuade the Judge that their action is ludicrous to say the least as they are the one causing my debt to stay constant.. By the way, Debt hovers around £ 1000.00 & is maintained there by late fee's and my monthly repayments. Hope I can make the Judge chuck this out & this ends in my favour. In the meantime, anyone with comments that are constructive is welcome to air them. If, & I say IF there could be a joint complaint put together that would bring GE Money crumbling to their knees with deepest apologies for all. Then count me in. I'm up for signing that petition any day. In fact, what would be even better is a joint class action law suit against this atrocious animal! Their rottweiler would need dentures after that eh?
  5. Hi can anyone help me, I have sent a SAR request to HSBC, I used the following address: HSBC Bank Plc Service Quality Team Arlington Business Centre Millshaw Park Lane Leeds LS11 0PP I sent the letter Signed for delivery with Royal Mail. My problem is when I track the letter on royal Mail it says that they (RM) have the letter, does that mean that no-one signed for the letter at the address and it is sitting in the Post Office. Is there another address I should be sending the request to, how long will I be expected to wait for the information? Grateful for any help!
  6. 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.
  7. 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?
  8. Hello all, Wonder if someone could help me with a quick question please. I made a S10 request to an estate agent on behalf of my folks. I was informed that Photo ID of folks would be required, is this the case? Thanks in advance.
  9. Yesterday I logged into the Sky website and went to my account to downgrade. I requested that the HD subscription be removed as with our eyesights, we cannot see the difference between standard TV and the HD channels. I advised that I was aware of the 31 day cancellation period. I emphasise that I was logged in when the email was sent. Today I have received an email rejecting the request as per the following; We have received a request to make a change to your Sky account. Unfortunately we don’t have all the security information we require to be able to process the request. To complete this action we need to speak to you as we don’t recommend providing security details in writing. We need you to contact us on 08442 410 973 to confirm the security information which will allow us to complete the request. If we do not hear from you then we will take no action on your account, meaning all details and/or services will remain unchanged and active. If you do not want us to process any request on your account then no further action is required from you We look forward to hearing from you. Can they reject my request even though I can upgrade without any security checks etc and the fact that I was logged in. We do not want to phone them as the 0844 number is chargeable by the minute and you can spend up to 20 minutes on the phone.
  10. Not sure if this is the correct thread to post this question. A relative took money out at the bank, which was put in an envelope but forgot to take from the bank tiller's draw as they exited the bank. Realising their mistake a short while later returned to the bank spoke to the original till person, who could only say that it should be reported to the police. This is now a police matter, as the money might have been taken by another customer. Police have said that the CCTV footage viewed could be better. I am interested in additional footage of where the bank teller does their transactions which would give a better view. Would there be any way of finding out this information as a consumer? As when the police was asked they stated due to data protection they could not reveal this information. Thank you.
  11. Morning all, I have a quick question about an SAR I sent to Satans bank. They have responded to my SAR by sending a 'letter of permission' It says: Dear Sirs, This letter is to give my permission for Satans bank to send me the data they have compiled in response to my recent Data Subject Access Request They have even put a little 'please sign here' post it between yours faithfully and my name :!: (thanks santy, wouldn't have worked that out for myself) Is this normal or are they after my signature as I always thought this was not required for a SAR? I have already lift proofed it, just after your thoughts before I send it Many thanks Up2
  12. Just before the new regs came in I asked for some info , this is what the MoJ emailed me today if the response helps anyone great if not sorry. the important part is in blue, the document as a whole is as important. Names have been removed to protect the sender and receiver Dear Mr ********** Thank you for your email of 31st March regarding the new regulations governing bailiff action. I am replying as a policy official working on civil enforcement policy. Please accept my apologies for the delay in replying to you. The Department does not provide a plain english version of the regulations or rules. However, each of the regulations and rules have an accompanying Explanatory Memorandum which aims to provide a plain english explanation of the effect of the legislation. These can be found at: www.legislation.gov.uk under each of the relevant regulations and rules. In addition, gov.uk provide a plain english overview of the main changes (available here: https://www.gov.uk/bailiffchanges) and a plain english overview of your rights (available here: https://www.gov.uk/your-rights-bailiffs). As I am unable to comment on individual cases or provide legal advice you may wish to seek advice from a free advice agency, such as Citizens Advice, if you require advice on your particular situation. Details of your nearest bureau can be found at:http://www.citizensadvice.org.uk/index/getadvice.htm or by calling 08444 111 444. As I cannot provide legal advice, I have limited my comments to general background on the areas set out in our legislation and which do not require legal opinion or interpretation. Bailiff action is only taken as a last resort and only after the debtor has been given several opportunities to settle the debt or seek alternative arrangements with the debtor. As you will appreciate, the payment of debt and fines is important to both the economy and the justice system. If debt or fines were not collected creditors would not wish to lend money and the public's confidence in the courts would decline. The Government's new laws on bailiff action make sure that debt can still be collected but in a way that is fair to both the person the money is owed to as well as the person in debt. The Government's new laws came into force on the 6th April. They have introduced a simple set of rules which detail, amongst other things, what goods a bailiff (now called an enforcement agent) can and cannot take, how and when they can enter premises and what fees they can charge. The new fees reflect the real cost of enforcement work and remove additional charges which could be added by the enforcement agent and could be very high under the old rules. The new system only allows additional charges to be added for “exceptional” expenses and only when they have been approved by the court and the person who is owed the money. The new rules introduce some protections for vulnerable debtors. While creditors are expected to stop enforcement action in the most vulnerable cases it is important that debtors who can pay are not prevented from paying the money they owe as building up debt can often make an individual's situation worse. The protections set out in the new rules aim to ensure vulnerable individuals are protected from aggressive behaviour while at the same time allowing that debt to be collected. For example, under the new rules, enforcement agents must not enter premises when only vulnerable people are present and an enforcement agent must make sure that vulnerable debtors have the opportunity to seek advice and guidance before they are charged the larger enforcement stage fee. When applying for a certificate to act as an enforcement agent, an individual is now required to have training on how to recognise vulnerable people and must understand what actions they should take when they have done this. The new laws do not define who would be considered a "vulnerable" person. They require, instead, an enforcement agent to assess each case on its own merits rather than rely on a definition that could not cover every situation. The Ministry of Justice has produced voluntary guidance (the "Taking control of goods: National standards" available here: http://www.justice.gov.uk/downloads/courts/enforcement-officers/taking-control-of-goods-national-standards.pdf) to support creditors and enforcement agents in their work and to promote minimum standards. This document includes a section on vulnerability and, while setting out categories of individuals who may potentially be vulnerable, it states the need to consider every situation individually and suggests how these may be dealt with. As police powers fall under the remit of the Home Office I cannot comment specifically on these. However, a person is guilty of an offence under the Tribunals, Courts and Enforcement Act 2007 and risks imprisonment and/or a fine if he intentionally interferes with controlled goods without a lawful reason to do so. This may result in the enforcement agent calling the police to deal with the offence. Turning to the powers of an enforcement agent, they are able to go anywhere in England and Wales to take control of goods of the debtor and can only take control of goods, including vehicles, belonging to the debtor. The new rules allow enforcement agents to use a clamp and, if the enforcement agent is taking control of a vehicle on a highway they are required, by law, to first clamp the vehicle for a minimum of 2 hours before it is removed. Controlled goods are only abandoned if the enforcement agent fails to give the debtor the required notice of the sale. An enforcement agent can only use reasonable force to enter or re-enter premises, without prior authority of the judge, in certain circumstances and they may use a locksmith to do this. An enforcement agent may only use reasonable force to enter, without prior judicial authority, when they are collecting a magistrates' court fine or a sum payable under a High Court or county court judgment in commercial premises only. An enforcement agent may only use reasonable force to re-enter premises, without prior judicial authority, whenrecovering an unpaid magistrates’ court fine or any debt covered by the new rules where he has already taken control of the goods or there is a controlled goods agreement in place, which the debtor has breached, and the debtor has received notice of the intention of the enforcement agent to re-enter premises to inspect the goods or remove them for storage or sale. Kind regards Policy Officer Enforcement Reform Civil Justice | Ministry of Justice | 4th Floor post point ****| 102 Petty France | London SW1H 9AJ |
  13. 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
  14. i have a debt from welcome that was sold off to lowell and got a few grand outstanding on there. welcome were absolute dicks to be so in no rush to pay it off now ym default has dropped off. so instead of the £200+ a month i was paying them im paying about £25 to lowell at the moment.
  15. Hi, Following the advice from a previous post on here to send CCA requests to my creditors, I've had a response of sorts from Santander regarding my Cahoot Flexiloan account. I defaulted on the account 7 years ago and have been managing payments to them through PayPlan ever since. The Default expired on my credit file last year and I've stopped paying PayPlan (again, under advice) because they've been screwing up my payments and until I did some digging, I didn't realise their estimated settlement figure bears no relation to what Santander say i owe. I sent the CCA request on the 7th March and yesterday I got a statement with my last 9 transactions on it. That's it. Nothing else. What do I do now? I'm not paying them any more as I believe technically my account is still in dispute. I'm desperately trying to clear up my credit file (my mistakes were from years ago and I've worked hard to correct them and get myself straight) so I think I'm right in saying they can't default me again, but can they issue a CCJ? I can't start this cycle again. If anyone can help it would be hugely appreciated.
  16. If a DCA has requested a CCA from the OC, is there any reason why the OC would not supply them with one? The OC assigned the rights to the DCA a while back. I have evidence that the DCA has requested this, but they have still not been sent it by the OC. I have r'cd the CCA I requested from the OC, along with all the evidence I sent them at the time of application e.g. bank account statements/letter etc.
  17. Hi All I wonder if you could clarify something for me. I sent a CCA request to portfolio recovery and they have returned it stating they want in addition to the information i have given them, (reference number, full name, address ) my date of birth which they say they need have to comply with the Data protection act are they talking rubbish? i have never had to do this before? many thanks for your help
  18. Hi another two of our debts are with barclaycard. Sent off cca request but nothing back within the 14 days sent account in dispute letter. Oh and in between also had to send telephone harresment letter due to constant calls that have now stopped. Had response today saying that they only have to provide a reconstituted one but there was nothing in the envelope with the letter! I need to fire a letter right back to them tomorrow but as the agreement was taken out in 2002 don,t they need to send the original? I have been reading conflicting advice on posts as to whether the no coca no pay rule will still apply. Can anyone help as if they need to provide the original then I need to put it in the letter. Thx
  19. I made a formal request for a true copy of my CCA to RBS but on various advice I did not sign it. RBS refuse to send it unless the application is signed. They also say that because I have changed address they require copies of Bank Statements, Utilility Bills and copy of Passport with my signature on it, yet they have sent correspondence to my new address and even gave it to four different DCA's. Can they do all this ?. Advice would be appreciated.
  20. Hi folks First post, so please be gentle! Last year, I contacted Co-op Bank to provide me with information on any loans that I had previously had with them. I made two attempts to obtain the information and on the second attempt, provided evidence from an Equifax credit report (I redacted the document so they could only see the relevant parts) as well as full previous addresses for when the account would have been valid. The wrote back twice and stated they could not find any data in respect of my request and returned my £10 SAR PO. Is it worth me complaining to the ICO now (as well as copying in Co-op Bank) to see if I can get redress on this data. Surely they must have something on file using these addresses - other banks I have contacted have provided data. Any help appreciated. R
  21. Most of the advice on this site seems to be aimed at people having homes repossessed /handing back the keys. Currently I have a house that I’m wanting to sell and get rid of the house and debt. The house is in larne NI-UK and I’m in Scotland, the house was bought under a NI co ownership scheme where they own part of the house 25% and the other 75% is mortgaged (interest-only – deal expired 3 years now and on SVR @ 4.99%). The house was bought pre-boom but i’m finding its worth less than I paid for it in 2005 and less than the mortgaged part alone! If I were to sell then repay the scheme + the mortgage the amount achieved - the shortfall would be approx £40k (30% of the current total liability mortgage + scheme share repayment). I’m making nothing from this and its rented (moved on due to work) and its not paying its way... I’m topping it up monthly a few £100 pcm and its an old house in need of constant repair. I’m projecting that it would take 10years to walk-away ‘breaking even’, with years of hassle and risk of interest rates going up, topping the payments etc etc – im sure you guys have heard it all before  - i’ve just started running my own Ltd business as director so cant go bankrupt I want the bank to allow me to sell so as i can get as high a price as possible to lessen the shortfall – then after the sale negioiate and possibly try and F&f settlement on the shortfall. Has anyone seen any templates asking the bank to allow Shortfall sale? Has anyone any helpful comments on the situation and/or my approach? Any help/advice is greatfully received! Thanks for looking
  22. I asked MBNA for a signed copy of my credit card agreement about three years ago. They did not send me the copy within the required time limit. I wrote to them saying they had not complied with the data protection and so not to contact me anymore. I hadn't heard from them until about six months ago, now the supposed debt has been sold to a debt collector. I cannot find a copy of the letter I sent them, any ideas what I should do now?
  23. Small Claims Court - No address for the defendant Hello, I have recently moved into a property. In the past 3 months the cellar hasflooded 7 times (each time 200+L water are removed), we have sufficientevidence that the vendor did not disclose any historic flooding, records ofeach flood, quotes to repair the issue and an independent flood reportoutlining it as an historic issue. Unfortunately the firm that carried out thehomebuyers report did not report flood issues, rather covering their back byindicating that it was dry and dark in cellar so a judgement could not be made. We have been advised that we have a very strong case against the vendor andshould begin proceeding for a small claims (for the adjustment in value of theproperty if we had been informed prior to purchase i.e. the cost of fixing theissue). The only problem is we do not have any address for the vendors. We haveasked for it via email and their solicitors but they have blocked both avenues.We have tried the electoral role but no joy. Can anyone recommend any alternative methods for finding someone's newaddress? I would be eternally grateful! Thanks Keith
  24. Hi, I have recently sent a cca request to a solicitor working on behalf of a dca and received an immediate reply that they were unable to deal with the request and returned the £1 postal order because the ccj claim has already been issued, I also forwarded a copy of this letter to Northampton court , please let me know where I stand with this one The debt in question has been dormant since 2008 Many thanks
  25. Back in October 2013 I wrote Lowell and requested a copy of a credit agreement before I agreed to set up a payment plan, I sent the required postal order £1 fee They wrote to me twice in October and once in November telling me they had put my account on hold as they were still trying to a copy of my credit agreement. It is now February 2014 and I have not heard from them, do I write to them and see if they have found it ? Do I leave it and wait until they contact me ? Can I say because it has gone past the 12 days and they have not found my agreement can they write of my debt ?
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