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  1. I wrote to Halifax on the 23rd August 2013 for my CCA - I got a letter on 2nd October 2013 saying that they have a reconstituted version and that I was being mislead about any claims that I may make as to the validity of the Debt. Either way the debt disappeared of my credit file and I have heard nothing since. Suddenly I have had a letter saying they have sold the debt and I am being called every day by 1st Credit. Any Suggestions? As an aside, rather embarrassingly, the first time they called me was a few hours after I found out my father had passed away. I was upset and fired a tirade of swearwords and verbal abuse at the person. It's not how I behave normally - that won't cause me any problems going forward with this will it?
  2. I have received a CCA from HSBC dated 05/2005 Does not appear enforceable to me but would appreciate another set of eyes Also guessing it is a copy from microfilm or computer not from a physical agreement
  3. Hello all. I have a few questions I'd like to ask please regarding CCA document request advice. We have recently written to our creditors for a CCA request (the debt has been passed on to other companies). They have all replied saying that they don't have the original documents but will request them from the original creditors however this may take up to 30 days. Should we still send the letters that say they have breached the time limit for returning the documents or should we wait 30 days? Also, one of them has replied saying that they will request the documents from the original creditor however, "As Judgement has been entered against you, this account is not governed under Section 77-79 of the Consumer Credit Act. We therefore return your £1 Postal Order." As far as we are aware we haven't had a CCJ taken out against us so what could they be referring to please? Thanks for any help you can provide.
  4. I have previously asked Barclays for CCA They have sent me a copy of without a signature and said in the letter In response to your recent request, we are pleased to provide you with the copy of your credit agreement and a financial statement. Section 77 and 78 of the consumer crediticon Act 1974(amended) do not require Barclays Bank to provide you with a signed original form of the credit agreement and according with the Act It is not the policy of Barclays Bank to provide this. The date on the bottom of the unsigned agreement 2/8/2005 i have been making token payments via stepchange since 2009 i think also when going onto my noddle account today i can see that this loan is no longer at all showing on my credit file and previously in december prior to the CCA request was showing as defaulted on the first page of my credit report and then as satisfied in my closed accounts section so im a little confused ... Any advise or suggestion for what i can do next, many thanks
  5. Had a good job, career, home, money, etc. Then had a prolonged period of inactivity, debts piled up, not opening letters, spiral of anxiety and stress. blah, blah. Now, for past year or so, been earning, and getting back on feet. Looking to start paying back, and deal with all my debts. Have done as much due diligence as I can, and need some pointers. I have a number of creditors, with debts totalling around 45K. Have been paying token payments of £1 to most, some more. Looking to get StepChange advice and help. But also need some idea of full and final offers to really motor down the debts. So, as a starter, here are some of my most pressing questions: 1: I am having difficulty filling in my Income and Expenditure, as my income fluctuates. (I am working freelance, as am probably too old to be employed by a company.) I am wary of entering payment schedule and failing. Prefer to keep paying token amounts, then offer surplus every 6 months or so. Would creditors go for this? 2: I understand the first step may be to get CCAs from my creditors. Are there any downsides to asking for CCAs? Would creditors sense that I am trying to wriggle out, and go for asking for more, or get heavy-handed? 3: Are CCAs only for debt companies, or even the Originating creditor? (some of my debts have been off-loaded to debt-companies.) 4: What is the purpose of SARs? How does that help me? I understand they might be for finding penalty fees, etc? I know I accrued a lot when I couldn't pay any amounts when I started my downhill slide. 5: When offering Full and Finals, do I go for the biggest first? 6: I have been sold from one debt-company to another on some debts, I dont know what I am paying for on some of the payments!! Can I just phone them up and ask where the original debt comes from? (I have signed up with noddle, and got my list of creditors and credit file, so I have a starting point. I have been reading this forum for a few days, and have built up some knowledge, and seen how helpful this site can be. I would like to ask for some help in taking the first steps for an eventual bright future. PS: would it be ok to list my debts (with some fudging to protect myself) as a starting point?
  6. Hi, I have this CCA from Tesco's that I believe is not enforceable I have tried searching for a that I have seen along the lines of thank you for the CCA but thats not enforceable but I cannot find it does anyone have a link to it or something similar? Thanks in advance
  7. Hi, I recently requested a CCA from HSBC for my credit card. They answered with "I regret the bank is unable to act upon your instructions for documents under Section 78 of the Consumer Credit Act 1974 for the following reason. .Missing signature " I thought i had read on a different thread that i did not need to sign it? Advice please
  8. Hi, I have received various letters over the last couple of years, very sparingly, regarding a barclaycard debt. I started by calling them and telling them I've never had one, they would go away, months would pass then the letters would start again, this was with Marlin Capital Europe. On one of the calls I said this was quite simple to resolve, prove it, send me the agreement that I signed, knowing that they couldn't, thought this would end it. They sent me an A4 sheet of paper with one line of text and a Dollar figure right at the top of the paper and nothing else on the paper not even there name and address, this was years ago. I phoned them and said you have got to be joking. I got no where with the person I was talking to, so just hung up. Eventually I just ignored them. Years passed. Then I got letters from another company Mortimer Clarke Solicitors last year, I contacted them, they said it was an online setup and gave me the email address. I stopped using that email address years ago as it kept getting hacked and sending emails out to all my contacts. Same thing happend, I'd talk to them, then nothing for ages then it all starts again as though we have never spoken. I then decided to use the templates on here to request the CCA to prove it. Thought that sounded quite simple. Sent off my letter using the template on here, sent in my £1 postal order. Heard nothing from them and that was a few months ago, now out of the blue this County Court Claim form has turned up stating Egg Banking as the original company not Barclaycard. The amount they always said I owed was £8,268.30, the CC Claim form is for £12,18.28 plus £410 Court Fee plus £100 Solicitors costs, totalling £12,696.28. The form also says the original agreement between me and Egg was on or around 31/10/2007 which sounds a bit strange, don't they know! My original letter requesting the CCA was 10th September 2014. Once again nothing happens for months then they start, but this time it has got serious. I thought that when you send that CCA letter the claim was in dispute and therefore no legal proceedings could be brought until it was resolved. Obviously I was wrong. Can anyone help me, I don't know what to do next, I have this County Court form and it says 14 days to respond. Thank you.
  9. Ok, A few months ago while i was tying up my other two claims, I checked the paperwork for this pre 2007 credit card with HSBC. Sadly not enough charges to make a reclaim worthwhile. However something always niggled me. HSBC Via metropolitan offered a 40% discount previously. I thought something had to be wrong with it. I checked the material from the SAR and could not spot something. So I did CCA request. 2 months go by and today it arrived. Their interpretation of a recon includes. A generic T+Cs booklet "at time of signing" A Blank application form with no details A +T+C of variation A updated T+C booklet A Credit card request form with name and one of my previous addresses. Somehow HSBC married me off and neglected to inform me as according to this sheet I am now married!!!! 2 statements ftom the last 2 months. More interesting in the letter was the following "With regard to the Signed Application form that you made a request for, we have conducted a reasonable search, and at the time of the request, the document could not be located. It was in our control but is no longer in our possession. Therefore I have enclosed a reconstituted copy along with two certified statements duly stamped and signed for your records validating any debt outstanding. NB HSBC still own this debt. Being paid £1 a month. So thoughts and comments?
  10. Hello I have been struggling with a lot of unsecured debt for quite some time and now find myself unable to pay this month. My credit record is unblemished at the moment but wont stay like that for long. 1 - Should I get in touch with the card companies and explain the situation and that I hope to return to making full payments in three months or so? 2- if ultimately I cant make my payment in the future should i make an arrangement to repay. I owe £85k so i would imagine I'm going to be hassled like crazy. 3 - There is a lot of advice about CCA on here and its great. I've had the majority of my cards for donkeys years. Can i really say they are unenforceable after paying them for a number of years? Wont they just take me to court and accuse me of trying to dodge my debts. I'm having another all nighter worrying about the future and whats to come. I would be very grateful for any help that can be provided in getting me started dealing with this.
  11. What will happen if HCEO's get to be able to enforce debts under the CCA 1974 how much will that affect the debtors, what are the pitfalls of this if it happens? .................. Full story here has anyone else seen this yet? http://thesheriffsoffice.com/articles/why-2015-could-see-the-enforcement-of-cca-regulated-debt-by-hceos
  12. Hi, I just received a reply to my CCA request regarding my Lloyds credit card that i took out back in the 1990's. There are quite a few pages of terms and conditions. They only have a reconsituted version of my executed agreement. I am not disputing that i have used this card and owe them the money but i can no longer afford the ridiculous interest they are currently charging me. I am up to date with this card and my credit rating is beyond repair, so that is not an issue. Would any of you helpfull people have any ideas that would help? Any input would be greatly appreciated.
  13. What are the Laws regarding overdrafts. A Rough out line, I had a bank account that had an agreed over draft and When I lost my job some time ago I went over the agreed limit. I did everything could to keep straight but spiralling bills just kept dragging me down. I suffered with depression and shoved my head in the sand for a while I tried talking to the bank but they did not want to know and kept hitting me with chargers and interest. I have asked for the provided me with a copy of the signed contract regarding the overdraft pursuant to the consumer credit act 1974. ( clutching at straws) They have said that overdrafts are exempt from the CCA 1974 and the money outstanding above the agreed overdraft limit is not covered by the CCA 1974 and they don’t have to provide any paper work for that as it is regarded as separate contract. Can any body point me in the right direction? Someone said check out Coutts bank Vs Sebastiyen
  14. Hello all, I personally feel that having borrowed money i should endeavour to pay it back. However, the interest rates now being applied to my Credit Cards is crippling and even though i am managing (Just) to pay my minimum monthly payments the debt is not getting noticeably smaller. I have CCA'd 8 of them i month ago and only got 2 replies, neither has complied with my request 100%. If i wished to get out of my debts i could possibly go down the CCA road do just that BUT that is not what i am after. To this end i have compiled the following letter. Dear Sir or Madam: I am writing to you now before I get into arrears with yourselves to see if there is any help available for the situation I find myself in. I am currently well over committed with my financial obligations and since my wife is now only working part time I find that I am merely moving money from one debt to another to make the minimum payments. My debt is actually increasing and I can see no light at the end of the tunnel. I have considered options including bankruptcy and as house values have fallen so much I feel that I have nothing to loose. However, I feel that as I have had the money (Except, of course, the interest) I wish to re-pay it. To this end I am writing to all my creditors to ask them to freeze interest payments on my accounts. This together with a little help from family will allow me to make the regular monthly minimum payments that will actually see my debts de-creasing. Of course if you accept this I would return my credit card. As you can see I’m torn between the wish to pay what I owe and the easy option of wiping out my entire debt with bankruptcy. I am hoping that all my creditors would consider this a fair compromise. Yours faithfully Opinions would be greatly appreciated as to weather i am just wasting my time and by sending this will i lose anything i may have gained with the lack of CCA. Thanks in advance
  15. CCA Letter sent to Aktiv Kapital. Let's see if they reply. Barclaycard assigned debt to Aktiv Kapital April 2011 £2,789
  16. Hi all Sadly my mother in law passed away in December my wife her only child is dealing with the estate. Unfortunately we've found she had run up large debts with catalogues and a huge credit card balance (£4,000 for someone on benefits!) It gets complicated as my wife's aunt died in October and the mother in law was dealing with her Estate and as such had her life insurance paid into her account and unfortunately she died before settling that Estate. she had a credit card with her bank and the bank are claiming all the money in her account to pay the credit card off. As there won't be enough money to pay every creditor what they're owed can the bank legally lay claim to everything? I thought we'd gather everything together then work out a % to offer creditors if the bank holds onto the current account money there will be less money for other creditors. I have CCA'd everyone and not one has sent the info back times up on weds. Any advice would be great thank you
  17. Received this and would just like somebody to cast their eye over it and tell me if it complies with my request or not and if so, does this now mean I now have no option other than paying up? Details have been blocked out. TIA.
  18. Hi I have finally received my SAR from Halifax regarding my credit card and send me all the statement from 2000 up to now. There is roughly over £1000 charges regarding a insurance they have charged me for payment protection from the date 2000 to 2005 and then it was stopped and no protection charges after that period . There was also CCA dated 2000 with my faded signature on it . please advise What I should do I will appreciate any suggestion or advise if possible
  19. Hi guy's please could anyone tell me what happens if you put in a CCA request and they can't answer you in time or at all ? Kind Regards
  20. Hi, I received court papers today. The particulars of the claim are as follows. Sum of 6800 (isn) MBNA (OC) assigned (allegedly) to AG States Notice of assignment provided (never received) Defendant failed to make payment in accordance, Default notice served + Costs. Mid Feb I sent AG prove it letter, asking for original CCA - full breakdown of account (interest and charges etc) and a notice of assignment. Early March I received back poor quality photo copy (almost illegible) and T & Cons (reconstructed). Limited statement of account (2 two lines) but No notice/deed of assignment. No account number on Claim form so I have no idea what alleged account they are attempting to recover against. Your good advice as to what I should do next would be most welcome. Regards.
  21. Hi all, I sent out a CCA request to Certegy Ltd on the 30/10/2014, as advised on this site I had it sent with recorded delivery. They signed for the letter on the 31/10/2014, I printed out a copy of the proof of delivery for my records and waited for them to respond. On the 07/11/2014 I received a letter from them in the post. The letter was dated the 05/11/2014 and said: Dear Sir, Thank you for your letters dated 30th October 2014. I would like to confirm that both Certegy Ltd and Retail Credit Management Ltd hold the same the information and I have enclosed a copy of the agreement for you. As a gesture of goodwill there will be no charge for this and I have returned your postal orders. If I can be of any further help in this matter please do not hesitate to contact me on **** *** **** Yours faithfully Peter Hackett Collections Manager He also signed the letter. Now that is how it was written, Peter did put 'the' twice for some reason. The copy they sent me is not readable at all, not sure if it was the way it was printed or if they did it intentionally. I also sent as you can probably guess a CCA request to Retail Credit Management, I only did this because when I asked for my credit list from my DMC which I've now closed down due to it not being free and messing me around. Their list said I owned both of the above company's the same money and they both had the same REF Number. My question is can they do this? it seems they are trying to claim the debt twice, surly they can't do this, I'd also like some advice on where to go from here. Many Thanks Andrew
  22. I have recently asked Barclays for CCA They have send me the copy of without a signature and said in the letter In response to your recent request, we are pleased to provide you with the copy of your credit agreement and a financial statement. Section 77 and 78 of the consumer Credit Act 1974(amended) do not require Barclays Bank to provide you with a signed original form of the credit agreement and according with the Act It is not the policy of Barclays Bank to provide this. Any advise or suggestion
  23. Hi all I am currently helping 2 friends sort out their debts with the CO-OP both have current accounts and credit cards. Both debts in default 2013/14 both pre 2007. Defaults in 2013/14 all debts currently showing on credit files. I am waiting for the monthly updates on the CRA files Last payments both were 2013/14 I sent a CCA to them 07/07/2014 no reply to either. Follow up letters sent still no replies to both. Both sent via RM and signed for receipted and still have the screen shots of the signatures date and time. So on 01/12/2014 I SAR them both. Via RM and signed for receipted and still have the screen shots of the signatures date and time. On the 19/12/2014 I receive a letter from the CO-OP saying the debts have now been sold to HOIST. Why would the CO-OP sell the debts in access of £20k? I know that the CCA's and SAR are still valid what would the next steps now be?
  24. So they sent me a court form today from Northampton, I've already cca'd them and they admit they don't have it, what's my next move, the court form came after the CCA was acknowledged as not being present, it may be a cross over but I dont want to ignore it. What should I do next? Acknowledge service? Or defend.
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