Morning Sorry for the "hand holding" request - I'm new to all this. I'm 10 months in to a DMP, largest creditor being Barclaycard (this was an Egg card taken out in approx. 2001/2002). Agreed payment plan would mean debt is repaid in 6 yrs if no interest charged. Despite several requests Bcard will not freeze interest, or default me, but show AP on Credit File. I'm paying too much each month as a percentage of the debt for them to do this apparently. Under the terms of my DMP, I can't drop the payment to them as total monthly debt repayment has to be distributed fairly between 3 other creditors. I was thinking I would send bcard a CCA request but not sure what this would mean if they don't have one - would this give me more leverage with them to demand interest is frozen? Or, if they do have one, would they then get more forceful and demand more / CCJ me? Any thoughts would be really welcome. Thanks

Hello all, Sent separate CCA requests (recorded delivery, have sigs) for separate pre-1998 loans bought by Erudio, and no response in the 12+2. Haven't yet deferred, though will easily qualify, but the deferral period is up in next few days. Having read through all the recent related threads, I'm still not 100% sure on what's best to do (or not) next: Do I... 1) Wait until they contact me [in writing] - whether that be to respond to the CCA requests, or to tell me I am not deferred and need to start paying - and then take it from there? 2) Send in the deferral form now (minus the info I'm not prepared to provide)? 3) Something else entirely. My main concern for taking option (1): should the CCA requests be successfully answered, am I given suitable extra time to defer (from a legal standpoint, or due to account being in 'dispute') and if so, how long? The concern for option (2): acknowledging the debt (via deferral info) before they've provided proof of its existence via the CCA requests. Any advice much appreciated.

Can a company who have purchased a debt continue with court action if they cannot produce a copy of the agreement for credit card, when requested under cca. They admitted that they did not have it yet still went through with the court claim and got judgement by default.

Now this may seem like a silly question and I may have got this totally wrong. Having read several threads on this forum it seems like there are two types of CCA replies for unsecured credit card debt. One seems to relate to post 2006/2007 CCA's and the other to pre 2006 CCA's. For the pre 2006 agreements it would appear that only a genuine exact copy of a signed CCA is sufficent for the creditor to be able to enforce the agreement. However for a post 2006/2007 agreement it would seem that an unsigned generic agreement will suffice. Is this correct or have I got it entirely wrong? Would a forum expert or two (or more) please take the time to tell me what to expect from a CCA request. I have several credit cards all either year 2000 or earlier. What would any creditor be required by law to provide me with in order to fully satisfy any CCA request made by me? I'm somewhat confused, as it seems that different posters have different opinions. Some say no signed agreement means that the agreement can't be enforced. whilst others disagree and say otherwise. Please forgive me if this question has already been asked, and thank you for taking the time to read this opening post. I look forward to your replies.

Evening All Received a letter today from Cabot advising they were 'referring' my account to Marlin Financial Services (all very nice at this point ) Now the debt is 464.19 - of which over £250.00 is late charges and interest from when I was unemployed! I plan to CCA them wondered if I should also ask for statements with a view to claiming back some of these charges. I'm also wondering who I CCA. Looking at the letter they don't indicate they have sold the debt to Marlin but Cabot definitely bought it from Capital One - so would I be right in believing Cabot are who I should CCA?

Hi I am looking for some advice before i start i know will have broken every rule going in dealing with my debts. I have had 4 debts since approx 2007 which i have been paying by arrangements ccj etc originally totalled over £20k, i have come into a lump sump of money to pay off these debts and worked out with some negotiation that i coud clear my debt now totalling 13k. With 3 creditors i have managed to clear them over the phone at about 50% which i was happy with. I have 1 debt left which is just over £800 an old mbna credit card which has been sold on to idem when it was sold i didnt really pay any attention as my monthly payments were the same as before and life just carried on. Now i am in a position to offer a settlement of £450 to settle but idem will not settle for less than the full balance owed. What can i do as i want to be clear of them ? they also want a full income expenditure which i dont mind as i can rig that in my favour i am guessing that by just accepting the payments i have accepted that i acknowledge the debt to them. Any Advice gratefully received also please keep it as simple as i dont understand lots of Jargon.

Hi there! I sent a CCA in Dec 2013 to Blair Oliver Scott. They wrote to me afterwards (15th Jan 2014) which was more of a 'payment reminder' notice. They have been on my payplan DMP for several years. Outstanding around £1,500 To date they havent acknowledged my CCA, sent registered. After 2 months waiting, I took them off my DMP.. Now theyve sent me another reminder. I live abroad, out of the UK and EU, so it takes usually one month to recieve normal mail. The last reminder threatened 'further action' if payment not recieved. Any advice for the next steps gratefully recieved!

Following reading on here I wrote to Vanquis requesting under S77-79 of the CCA "... a true copy of the executed credit agreement relating to this account, together with any other documentation the Act requires you to provide ..." and a £1.00 fee was paid. I have recently received in response correspondence which appears identical that posted by other people on here, namely: 1. A 2 page cover letter stating they have provided what I've asked for, specifically " ... This information is provided in accordance with the Terms and Conditions of your account and according to the information which is practicable for Vanquis Bank to refer." 2. A 2 page Excel style compiled spreadsheet/report headed Digital Signature Application Details. 3. A 10 page document that appears to be the terms and conditions for a credit agreement, however, there are no headings, dates or references that would suggest to what or to whom it relates. Notable by their absence is anything resembling a signature, or dates attached to the terms or the report. Apologies for the lack of attachments but I don't have access to a scanner at the moment, however, I can confirm that the correspondence appears identical to what I've seen on here in previous posts. From what I understand, whatever they might believe, my request under S77-79 hasn't been complied with and as such they *shouldn't* progress matters until they can rectify this and provide my valid request. I appreciate that this doesn't stop them thinking they can continue to contact/chase over this matter, but the lack of documentation *should* put a stop to that. I'll have a read up on other people's posts later, but could someone give me a quick reply as to whether I'm seeing things correctly.

I took out a Halifax credit card online pre 2007. It was £3 in credit in Nov 2007. In dec 2007 they sent me a new card attached to a credit card agreement unsigned by myself or them. What I did not realise then was that they had transfered the acc to a new acc along with the £3 credit. This has come to my attention as I was going to send them a CCA request in regard to my pre 2007 CCA. Has anyone any ideas as to what I should do ?

Hoping some can help.... I sent off a CCA request back in January 2011 to Santander and so far they have never sent any of the requested documents through. It's now been 2 years since I have received any letter from Santander/debt collectors but today I have received a debt collection letter from Robinson Way. Does this mean I have to start the CCA request all over again? Is there a letter I can send them? Surely they can't just ignore my request and each time send it to a new debt collectors? Any help or advice would be greatly appreciated.

Natwest Credit Card. This is a bit long. Sorry But im hoping it will allow more accurate constructive comments and help others in a similar boat. Information posted in Red Font is related to my SAR request. Account History compiled from documentation on hand. Account opened sometime in 2002 Earliest Statement found so far Oct 2002. Out of statements going back more than 6 years I have them all (or at least the transaction lists Temporary Repayment Plan agreed 06/08/2010 due to financial difficulties. This plan allowed me to get back within agreed credit limit. Plan lasted 6 months and was adhered to. FEB 2013 Explained situation (Off work Long term sick with stress and depression) Default Notice Issued March 2013 after missing quite a few payments. Balance at Default 3262.88 Account Terminated 02 April 2013 (Balance 3262.88) Account Passed to Triton 24 July 2013 Interest charged August 2013 Payment demand from Triton (Previous Balance + Interest Charged August 2013) Financial Statement sent offering token payment due to surviving on a deficit. (Family were supporting me) 18 Sep 13 Triton send letter saying Figures do not make sense. 18 Oct 13 Triton say I Must phone them. Reply letter sent with another copy of the statement and reminded them of my depression and anxiety. Also stated that some of my other creditors had accepted the statement. 09 Dec 2013 Triton send me a copy of a letter they allegedly sent 09/Nov which I never received stating they wanted more information on how I could survive with a deficit of X per month 21 Jan 2014 - Threatagram from Green+Co Solicitors claiming I have not been in contact with Natwest/Triton. Reply sent with copies of correspondence and repeat offer of token payment and copy of financial statement. 13/03/14 Moocroft letter saying details passed to them from Natwest to act as collection agent. Replied with a request that they send me proof they have been asked by Natwest to act on their behalf. Reminded them that I sent them copies of my financial statement and also I could not accept phone calls or visits due to my depression and anxiety. 19/03/14 Moorcroft template letter - acknowledging query and suspension 24/03/14 Moorcroft letter - Account placed on hold till 20/4/14. Told that Natwest had advised me that the account had been transferred. (untrue) Replied with CCA request and requested authority/deed of assignment. £1 fee sent as cheque made out on my behalf. Gave them 30 days instead of 12+2 (im still learning at this point. Now I know better) 27/03/14 SAR Request sent to NATWEST for list of defaults charges and late payment etc. Fee sent. 25/04/14 NatWest - Letter saying personal information out of date. On their template they say they need a copy of my signature. I Reply sent 28/04/14 Template, stating they do not require my signature and that they have sent personal information to my address etc etc. Sent copy of council tax bill and a previous letter they sent to me at this address. Also pointed out they had processed my data by forwarding it on to third parties etc. Told them I had now made a complaint to the information commissioner and expected them to fully comply with their obligations as data controller. Complaint Lodged with Information Commissioner via email with all relevant docs attached 28/04/2014. 02/04/14 Moorcroft Letter - Acknowledged CCA request - Returned cheque directed me to original lender. Reply sent 25/04 - Template CCA fail. Reminded them of their duties to refer CCA to creditor. Fee sent again. 28/04/14 Moorcroft Letter - We have not heard form you etc. I Checked delivery information from royal mail and concluded that this was a cross post. Ignored 30/04/14 Moorcroft Letter - Same as 02/04/14 and fee returned. Replying tomorrow 06/04/14 with Account in Dispute template letter and Section 10 Notice. 06/04/14 complaint lodged with FOS for non compliance of CCA request. -------------------------------------------------------------- Closing Balance - £3333.18 From statements and default notices I already have without the SAR Charges Levied £796.00 With Restitution interest applied @ 24.90% Claim = 3220.17 ADD interest payment applied after default notice and after they were told of financial problems of 70.30 Total work in progress = £3301.83 ------------------------------------------------------------ On this one I am tempted to go the court route without going to the FOS in regards to credit card charges. Aim would be to get the amount wiped plus costs incurred in doing so along with default markers removed etc (Am currently unemployed) I might have jumped the gun a bit with the complaints to IC and FOS regarding the SAR fail and fail to comply with CCA but we shall see. Other thing I noticed is that Natwest repeatedly altered my T+Cs such as the cash advance percentage and also the main purchase percentage interest rates. There was no forewarning on any of the statements I have preceding the rate jacking. In fact I never noticed until going through my statements. Despite having 80-90% of all paperwork im not seeing any seperate letters advising of a change in T+C's Im sure they have to give notice under the terms of Consumer Credit Act and draw your attention to your right to discontinue the agreement and pay off the balance at the preceding interest rate. If they failed to do this, do I have further options there? As in force them to return the interest charged above any original interest rate until they complied with notice of variation of terms and conditions. Hmm maybe I should redo the SAR and make it more general and include a CCA request. Thoughts?

Hello, I got a CCJ and didn't defend it in time. The judgment was entered and since then Robinson Way have gone for a charge on my property. I have tried to stop that by offering to pay something in installments. The case has had to be moved from our local courts to one in the nearest city as it has closed down. What I would likt to know is is there any way I can perhaps ask the claimant to produce documents and if they fail have the case set aside or has it gone way past that now? Hope someone with some knowledge can lend a hand to a normal joe.

As some of you know I got LLoyds/tsb to discontinue with their £11,000 claim against me. Which really ****ed them off as they attended 3 hearings with barristers. I signed non disclosure documents. They agreed to pay me all my fair and reasonable costs immediately! If I reduced my costs, which I did. While waiting for the payment which took 6 weeks I went over my overdraft limit by £120. They have now withdrawn my overdraft and put it in the hands of moorcraft. There is no option to get back under my limit the total overdraft is £3,120. I am sure the delay in payment was no coincidence! I have no proof of course. If they had paid on time I would not be in this position. Lame excuse I know ,but true. Absolutely skint. Apart from my Costs check but that will not cover it. Not sure how to go about this. Regards Jack

I am in the situation where i was the victim of ID Fraud from a previous address. Hillesden have been at me for the last 18 months. I told them i had no knowledge of this debt, put up or shut up and take me to court. I did the usual and put it into official dispute. They came back and stated they believed i was the person that they were after and now seek payment. Now after a 6 month lull i get this. Looking through various threads it seems that hillesden purchase the right to use the Alpins letter head as a frightner. Is this true, or do i need to rack this up a gear myself with hillesden thanks

Hello, Could someone please point me in the right direction for the most up to date template for the CCA letter? Thank you!

Marlin acquired NR's loan portfolio last year. I am going to send requests into NR for copies of the original paperwork as I smell a rat. I took a personal loan (unsecured) in 2005 and defaulted on this and 3 credit cards in 2009 when I went DMP. The default wasn't recorded by NR, just an ATP until early 2013 when it dropped off of my credit history. I have 4 defaults from 2009 which expire next yr and I will make F&F on these are they are valid (I have CCA's them). I'm worried about the Marlin loan, I am desperate to avoid a CCJ or something I want a plan as to whether continue paying them £60 a month, F&F or test the validity.... Long rambling post (sorry) - my question is do I CCA/SAR or both? And to NR or Marlin?

Hi there, I sent a CCA request to Link financial on my pay plan DMP back in December 2013. Their first response received last week - three months later! Though, I live abroad and it takes a good month for mail to arrive. Their letter was dated 25 Feb. It does not quote anywhere how much I owe them, nor does it make mention of my CCA request. It simply states that I have missed payments, and the repayment plan has been cancelled (i.e., off of the payplan DMP) They ask me if there has been a change in my personal circumstances, and then threaten that they will recover the debt "if needed, pursue you through your local county court" Next steps, anyone? Thanks!

I recently wrote of to akinika to settle a debt I have with them, I was a little cheeky and asked if they could reduce my debt by 70% (previous debt companies have done this with me in order to settle my account quickly ) instead of paying £212.21 I would pay £65, they sent me a letter back saying this is "not acceptable, however our client would accept £180.37" They have also asked for a breakdown of my income & expenditure which I have typed up for them, after I have paid everything out (rent, council tax, gas electric) I am left with £0 a month. I am currently a full time carer for a parent which I have stated in the letter so for now (due to being made redundant) I am not working and my income is all accounted for. What action can they take now ? I physically have no money to set up monthly payments to them, I am only able to pay the £65 as a family member is willing to pay this for me, but due to them being retired and on state pension they can not afford to give me £180. Can they take me to court ? If so, does the fact that I offered to make a settlement payment count in my favor ? How much should I have offered to pay them ? Any key information that I should add in my income & expenditure letter ? ** This account is for JD Williams for a catalog** Thank you

Hello, I have a question regarding a CCA letter I sent in May 2009. I had a bank loan which I stopped repaying in July 2008 which means it's been SB now for a few months. However in May 2009 I sent a CCA letter which didn't specify that I do not acknowledge the debt (template I sent below). Does that mean it can constitute as contact and acknowledgement of debt? It would mean I still have til May 2015 before it becomes SB. Any advice would be great. Thanks --------------------------------------------------------------------------------------------------- TEMPLATE LETTER REMOVED

Hi, I am trying to finally sort my debt out after years of paying StepChange. My vanquis debt went to CAPQUEST. I sent cca request but all I got back was my electronic application and terms and conditions. I read through this site and saw someone else had same problem I then sent a letter to them saying they have not supplied what I asked. Etc etc and sent the t&c's back. I used the letter that was on here Then today, 2 weeks later they just send me the same stuff again. What is my next step Thanks

Back in May I CCA'd Lowells regarding a Barclaycard debt. I have received a letter from them saying Woo Hoo! Regards, Sue

I received a letter from Hamptons - is this standard threat-o-gram stuff or something more serious? The text of the letter is: I have been ignoring all letters from Lowells about this debt for nearly 3 years. Should I ignore this, too? Thanks, Sue

Just had an annoying call from Cabot about a goldfish account I have told them I don't recognise, Payplan don't recognise and they haven't sent me a CCA about. That's the short version! Bascially he said they weren't prepared to accept a repayment plan it was settlement or escalation! I listened to him for about half an hour and ended up saying I might be able to pay £500 at the end of the month but still didn't recognise the account. He went off saying he needed to speak to his supervisor and wouldn't be 5 mins. 15mins later I hung up. I think I no the answer to what to do - nothing but is there anyone I can complain to as I have told them not to phone me numerous times?

Hi Guys After reading lots of useful info on here I have decided to get on top of my debts. Been paying Payplan since 2007. but have decided to take control. I have decided to CCA all my creditors. I have just received this from AMEX. I don't think it complies. However Amex say "these documents for the executed agreement between you and American Express". I'm not so sure? My ultimate aim is to offer one F&F offer to all creditor, If I can prove they haven't got a hope of getting judgement, the offer will be lower. One final point I now live in France and they know this.

Hi Marlins (through Mortimer Clarke solicitors) took me to court in November 2013 for an unpaid Barclays Partner Finance debt. I asked for a copy of the credit agreement at that time and the court action stopped. I have in the past few days received a copy of the agreement but is it too late for them to do anything about it. I know that normally it should be 12 + 2 days to receive it but even once they have started court action is it the same? The debt relates to when I took on a finance agreement with access to trades as an electrician and the training company went bust and I had to start again with someone else who I had found. Thank you in advance.