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  1. I have today received this copy agreement from MINT and would really appreciate advice regarding its enforceability. I don't think everything is shown on my single page with my signature and I assume the "here is your replacement card letter" and clear copy of the CCA is a reconstruct. Thankyou! mintcca001.pdf mintcca002.pdf mintcca003.pdf
  2. Hi, just after a bit of advice here. I have been behind and over my limit for about 12 months but had been making regular payment all be it not enough for my account to be up to date. Today I recieved a letter. It said the following. Overdue amount: £..... IMPORTANT YOU SHOULD READ THIS CAREFULLY Notice of Default served under section 87(1) of the consumer credit act 1974 Youve broken your agreement ........ You must pay the amount overdue shown above. This payment must reach your account within 28 days of this letter. If youve already paid this or have made a payment agreement with - thank you. Please ignore this letter. Then it lists what they will do if I dont do the above ie shut account, chase debt. What I want to know is, I spoke to them monday and paid 70% of the above and agreed to pay the remainder of the arrears by friday. He did mention that a letter had been sent out but told me if I paid this it would be canceled. What I want to know is will they stick to there word?. Is this an actual default notice as I dont remember recieving a warning? Should I ring up and pay it today and argue that I didnt recieve the letter till friday or something because of the snow(foot deep here today). When he says canceled does that mean its already been put on my file and they will just change to satisfied or will it actually be removed or not even be added?. Will they have recordings of the call where he promised it would be removed on payment of the arrears and could I request that if need be?. Sorry to waffle, I know I have been a bit slack with payments but have my reasons and despite my current position, being 29 I could do without any nasty marks on my credit file and the letter seems a bit confusing, maybe deliberate to get me to pay I dont know? Thanks for your time, any advice would be much apprecieted.
  3. Second Letter that I opened this morning BCW Pursuer Aktiv Kapital Creditor GE Capitol Global B&Q Ref VISIT BY DEBT INVESTIGATION OFFICER Dear new-me We regret to note your account with AK for £300+ remains outstanding You were informed in our last correspondence of impending court action. As a consequence of your failure to contact us and agree a resolution to this long outstanding matter, we must advise you that we are left with no option other than to proceed with a Personal Visitation by a Debt Investigation Officer to your home address om order to discuss and agree repayment of the debt. If your address details are incorrect or there is a particular time you wish the Officer to call we would ask you to contact us immediately on 0844 571 4210 Yours faithfully BCW Oh how I chuckled at the Personal Visitation, made me think of a bat or something dark coming to overpower me LOL After reading these forums I will not let anyone put the frighteners on me again. Please can someone baby step me through this proceedure.
  4. I knew getting my paperwork sorted by reading that post by Sarnie was pushing me in the right direction and I still feel empowered. This morning have had a lovely letter from Midas entitled LITIGATION WARNING, and i DIDN'T burst into tears ! I haven't got a scanner so will have to type it in. Dear new-me re LLoyds TSB Bnk PLC Balance £3000+ Litigation Warning We are part of the Moorcroft Group and are aware that you have failed to reach a repayment agreement with Moorcroft Debt Recovery Ltd concerning the above account. We are now reviewing the account prior to any possible legal action by external solicitors acting on behalf of our clients. To prevent possible further action you must contact Moorcroft Debt Recovery Lts at the following address Moorcroft Debt Recovery Ltd po box 17 Moorcroft House, 2 Spring Gardens Stockport SK1 4AJ Tel No 0161 475 2830 Fax No 0161 477 3864 Failure to contact MDR by 08/01/10 may result in the issue of legal proceedings without further notice. Quote Ref No Yours sincerely Mr. M Dobson Litigation Manager Well back in June/July I sent of my £10 to get all statements and have never had them, had silly letters saying that i should speak to customer services, I'd made a hardship claim but they weren't interested. I'm still living on pennies ................ So dear Caggers can you guide me through this maze in baby steps cos am totally lost now. I need guidance from an angel .....
  5. I have a Capital One credit card from pre 2007 so it is possible that they won't have a true signed agreement. This I would like to query, however on my initial and subsequent cards and statements they have mis-spelt my first name. How would this affect my case ?
  6. Hi I recently requested a CCA from Link Finance regarding an Abbey Loan. The request was initially made on 10th February 2009 and follow up letter was sent on 16th March 2009. I received a letter back from Link Finance saying the account had been put on hold for the time being. Last week I started receiving calls again from Link Finance, I didn't answer, they requested I call them, which I didn't. This week I received a copy of what appears to be the CCA, it is an extremely bad copy of what looks like itself to be a copy. I was wondering if anyone has any advice on what to do next? I have attached a copy of the CCA returned, can someone tell me if it is enforcable, especially considering the time it has taken to produce it and the legibility of the document. Any advice would be greatfully appreciated.
  7. I brought a car from honda in may 2004, it was a a ex show room car, and I was offered £1000 off the price of the car . How ever Honda finance increased their interest rate from 11.9% to 12.9% to get the cash back from the £1000 discount from the car. Also the copy of the consumer credit agreement I was given is unsigned by honda finance , so would i be correct in that its a unenforcable CCA cheekyone
  8. Would appreciate some clarification on account in dispute procedure once a debt has reached this stage. I have 2 debts currently account in dispute, have written formally to them both, posted recorded stating that the debt cannot now be enforced unless a CCA is produced. Do I just sit tight indefinately in the hope this doesn't happen? Or should I write in an attempt to persuade them to 'write off' the debt if (as I suspect) they are unable to produce the CCA. Would this be the only way of concluding the matter? Apologies if I sound confused, just want to make sure I have grasped all options properly:) Also, am I right to assume that the creditors are now obliged to remove details & any registered default of said debts from credit reference agencies, and how would I proceed if this does not happen? Any advice would be gratefully received
  9. Hi Guys, 1st post... been reading loads over the last few weeks... here goes... In October 2003 Myself and a business partner (Lets call him Mr X) took out a joint loan of £10k to help purchase a business. We were desperate for the £10k as it was a shortfall in the amount we needed to get things up and running.. . anyway HSBC wouldn't give us a loan in the company name, but only a "small business loan" which we would be personally liable.. we were desperate and took the loan out. In June 2004, I left the business (resigned as Director) and Mr X carried on with the business and the loan.. . the business was sold in early 2005 and I've never spoken to Mr X since and don't know where he is anyway. .. I sold my house to pay some other personal debts off and moved in with my partner. .. I don't own anything now.. Now since early Feb 2009, Robinson Way are chasing Mr X at my new address by letter and Telephone, but also writing to me about the debt... in the letters they say "ExHSBC" for amount £15k+ then MR X's name, but not mine. Are they just phishing for Mr X or do you think they want me to pay this debt? I've sent his letter back as "not known at this address". I know I'm probably liable for this debt too, but I haven't paid anything towards it or acknowledged it since about March 2004. I'm really worried now and can't sleep... getting at least 3 automated calls a day from Robbers way & ****....
  10. I have a Capital One account which has for some time been with Robinson Way, in November 2008 I sent Robinson Way a CCA request today I have received this. It looks very similar to other Capital One agreements I have seen posted I assume they are claiming that the two pages are front and back of the same document, however, I have some questions If the lines on the first document are folds and not evidence of a cut and paste why do the not show on the second page? The first page shows two barcodes top right and bottom left, they have completely different code numbers does this indicate a cut and paste? If I thought this was sufficient evidence to make a complaint of fraud I would love to do so, but before I make a fool of myself does anyone have any advice? Would it be normal for a single document to have two entirely different barcodes? In the unlikely event that they are front and back of the same document is this enforceable? Any advice would be much appreciated.
  11. A brief Chronology Amex Card, firstpursued by Creit Solutions in Summer 2007. CCA sent and defaulted on ( under old time frame) OC did send a very poor quality of application form with a printed "Application Form"in two places covered with white labels ! - this on the photocopy of the application form rather obvious I thought. Nest page was very general T & C also almost unreadable such was the photocopy quality Next Moorcroft had a go, and they were sent packing with the "Bemused" letter (late 2007-early 2008) Cut forward to Aug 2008, a letter from Brachers "acting for" demanding full settlement plus a raft of their charges. They were sent a "Bemused letter and also a request for their official complaints proceedure, the numpties read this as to be forwarded to AMEX as a complaint on (Amex) proceedures, They still dripped on a bit, so copied the Bemused letter ( always sending everything RecDel) and finally sent them a letter suggested here to the effect that if they as solicitors did not understand about defaulted CCA then they should maybe ask a Judge to explain. They then went quiet until yesterday, when I had a letter detailing Final offer a 50% payoff, ( no mention of fees/charges etc ) Not headed Without Prejudice or anything similar, sttlement to be made in seven days or legal proceedings MAY be commenced for full outstanding balance plus costsetc etc Now, as I understand it, Credit Solutions are still in default of my 2007 CCA request, so they are the ones if anyone who should be pursuing, all others can Foxtrot O! Second, If Brachers had a proper agreement to satisfy a court, why would they make an offer of 50% of the amount? This leads me to believe that 1) Brachers have no right to pursue anyway 2) They( and no-one else can provise the proper paperwork 3) Brachers have so far ignored my section 10 DPA Sta Notice sent in Sept What would be the best way to answer them? repeat a "Bemused" letter, with ammendements Many thanks
  12. Hi All hope you're all well? I still haven't worked up the courage to sort out my CC's, but I have an interesting tale to tell. Bare with me I may go on a bit. About 10 days ago I went into a strange bank to pay one of my cards, I paid the min on B Card. A couple of days later I had a Phone call from said bank (Lloyds) inquiring if I had adequate service on my visit, I said it was fine. He said he noticed I was paying interest on the card, also that I used to have a Lloyds CC that I closed some years ago, he said I qualified for a new card and 1 year of 0% and asked if I would like one and to transfer the balance, I said sounds like a good idea, he said he would be in touch but to continue paying until then. A couple of days later I got in the post a pin mumber. A couple of days later I got the card with £3500 limit. A couple of days later I got the agreement to sign. Followed next day by a letter telling me they had transferred the balance. I don't quite know what to make of it. Any comments anyone. Watch this space. Cheers
  13. Back in April I reached the point where I could no longer hold off turning to a debt managment company for help. I ended up going to Gregory Pennington and aksed them to help me with 5 debts that I had. 4 Credit cards and a student loan. Now they said the couldnt do anything about the student loan but we agreed on payment plan for the 4 cards and I left them to get on with the things they needed to do. 3 of the card companies agreed to the payment plans proposed immediatley and without any fuss. barclaycard however are a different matter. Pretty soon after I stopped paying Barclycard Mercers got in touch and as per instructions I told them Gregory Pennington were dealing with things. At first they accepted this. However, soon after they started phoning me up saying there was no agreement in place, I had pay all outstanding charges and that charges and interest would continue to be added to my account. Mercers phones me 3 times a day, every day, until I speak to them, then the calls stop for a week, then its back to 3 times a day every day until they get hold of me. I've also picked up around £700 in charges and interest costs. Mercers claim that Gregory Pennington have not sent the correct information. Gregory Pennington claim they have sent it several times. (And given that the other companies have all agreed I cant see why GP wouldnt have sent the necessary information and requests to all parties). Im getting stressed out having the same conversation with Mercers every single week, but equally, I dont want them phoning me every day, three times a day (although they make a great alarm clock in the mornings, 8:45am every day - including weekends) I dont know whose at fault, GP or Barclaycard and I dont seem to have a way for sorting it out. How do I get this sorted? Can I do anything about the increase of £700 on my debt (£1000 if you take into account the payments they have recieved as well) In regards to harasment with phone calls, is once a week, (if I speak to them) harassment? or is 3 times a day, every day, (when I dont answer them) harassment? I find it hard to see how it is, but I'll go down what ever route to get the to stop calling. Regardless of whether barclaycard are playing silly buggers, im paying GP to sort this and they are not, and thats really the bottom line. Can anyone recommend an effective debt management company.
  14. Hi there! I am so pleased to have come across this group and see that I am not alone This is my first post and I have spent a good hour reading through similar situations, and feel a lot more informed that I did when I woke up this morning. I took out an overdraft with Lloyds TSB aprox 5 years ago for 1,500 pounds when I was living in the UK (I now live in Spain and have done for 4 years). To be perfectly honest, I foolishly became so involved in life here that I forgot about my overdraft in the UK. That was until the beginning of last year when my step-father called me to let me know he had received several phone calls from Lloyds requesting to speak to me, and then letters demanding immediate payment. The most recent letter was received this year from AIC. I telephone Lloyd's debt collection last year when I first learned of this and advised them over the phone of my address in Spain, and reiterated to them several times that I did not live in the UK and did not appreciate them hassling my step father. They aknowledged my address and phone number, and said they would send a payment plan to me with international bank details so I could start making payments. Two months later my step father was receiving threats from the bailiffs and I had still not heard anything from Lloyds. Again they aknowledged my address in Spain and said they would send me written communication, and promised to remove all the UK information from their system. However they did tell me that they did not know how to go about setting up international payments but that they would "look in to it". Six months, and nothing. I called again, and was told the same thing. I asked for a mailing address or a fax number so I could send my request in writing and was refused. Then came the letters from AIC at the beginning of this year, AGAIN to my step father's address in the UK. He opened one of the letters and called me in a very distressed state, especially considering I had promised him that I was dealing with the situation. I called AIC two months ago and spoke to an arrogant young man, and explained the above to him. Needless to say he was less than interested and demanded ful payment. I said I could not make a payment of 2000 pounds. They took my Spanish address and phone number (again) and promised to write telling me what options I had. I heard nothing untile yesterday when I received a letter from them stating that as they had not heard from me they would be sending my file to their legal team in Spain, and that I should contact them immediately. Conveniently there is no return address so I cannot write to them. What irritates me is that I have had NO correspondence from Lloyds nor AIC until yesterday despite me informing of my address several times. I am happy to make repayments but need to know where to make them to!! Could anybody advise me on what to do as I do not wish to have legal proceedings started against me in Spain, and more so considering I was happy to make repayments on this debt but its now arrived at this point due to the considerable incompetance of both Lloyds and AIC. Do AIC have a mailing address? Many thanks to all of you
  15. Due to him losing his job my husband is 2 months behind with the payments for the car to welcome finance. First they bombard us with phone calls-and are still doing so despite us sending 2 letters telling them not to phone. The today a girl from welcome phoned and said unless the payment was made immediately then they will come and get the car and if necessary get the police involved. Can they take the car without a court order?
  16. I am currently trying to get information from Hillesden regarding a HP agreement I took out in 2001 with Associates Capital for a car. This agreement was taken over by Welcome Finance. Prior to this change I contacted Associates and told them I could no longer afford the car due to personal circumstances at the time, and asked them to collect as I had the car for 2 years which was half the HP agreement timescale. They never collected the car. I contacted Welcome after the change and told them the same, that I could no longer afford the car and to collect. Again they did not but wanted me to take out a new agreement with them to re-finance the car. I refused to do this. After checking my credit report, Hillesden Securities now 'own' this alleged debt. I checked my credit report last month and this account was defaulted as an HP agreement. This month, however, they have defaulted me for the same amount and changed the type of default to a loan account. Can they do this? Anyone? The information is lodged with Callcredit reference agency, on two other reference agency files it shows as a HP agreement. Please let me know what you think before I write to Callcredit and Hillesden
  17. I took out an agreement with welcome finance in 2004 for a car that I needed for work. after a year I had to resign or the company told me I would be sacked. I was unemployed for almost a year & could not keep up with the payments. In the end we decided to refinance the agreement so I could make affordable payments. When the original loan was paid off I do not think that the PPI was refunded plus something called short fall insurance which I have no idea about. I believe that the ppi was miss-sold as I would not of agreed to it had I known that I could not claim if I was unemployed. Also they did not explain the PPI properly & as I had been kept waiting for a car for almost 8 hours I just wanted to get out of there. I may consider going to watchdog about these guys as they seem to be nothing more than loan sharks I now owe £7000 for a car worth about £1500. I will be very interested in knowing if it is legal to put a finance charge that amounts to 2/3ds of the worth of the vehicle. Also finance charges of £1300 on insurances that I did not ask for any help will be great as I want to get unhooked from these sharks many thanks Martyn
  18. Hi, this is my first post on this site and I would like to thank you all for help and guidance I have recieved. This is my history so far;- 9th October sent 2 x DPA letters to Barclays Bank 9th October sent 2 x DPA letters to Barclaycard (only got reply on one) 9th October sent 14 day letter to Barclays requesting £1180 refunded 14th October recieved letter from Barclaycard stating files on microfiche "not readily accessable" Asked for £3 per statement 17th Octboer recieved 2 x lots of statements from Barclays 24th October issued small claim against Barclays (£1180 increased to £1482.75) 24th October sent 14 day letter to Barclays for refund of £3535.00 I will keep you all posted, thank you.
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