Hi, I was looking for some advice on what to do with my Egg card. The agreement can be found by clicking the link below. Due to my lack of income my current status with this card is that Ive been on a payment plan for 6 months with them. This ended 2 months ago and since then Ive paid token payments totalling £26. They are hounding me now wanting payment, which I just havent got so what do I do? I know there's a case going through regarding Egg and this 'approved limit' statement but is there anything I can send them in the meantime? All advice would be greatly received. Regards Egg CCA pictures by musicronny - Photobucket

hi could someone direct me somewhere on here or advice me on what i should be looking for in a CCA once i have recieved it tis an old Mbna debt from 2005 with Direct legal & collections, card taken out in 1999, i have tryed searching the forum, bit bit confussed.

Hi, I have a debt with Lowells bought from HFC Bank, for approx £290 the last payment/acknowledgement was in March 2009. Lowells bought the debt and started sending me letters and calling as they usually do. However after first reading this site I sent them an SAR in March 2014. They have dragged their feet attempting to comply with my request until today (Sunday) I received an email from them the contents below. They sent statements and other fairly useless info to me but failed to send an original CCA signed by me. They have now stated they do not need to and instead sent me a copy of the agreement I may have signed way back in 2005. The copy has my details handwritten but no signature or anything else. Is there anything else I can do about this, as they say I now have 30 days to "arrange a repayment plan".... As you can see from the email this has been going on since March 2014. I also have a Barclaycard debt with them for which I am just starting the same process as on the original SAR they only complied partially with the HFC account and again have done nothing with the Barclaycard SAR or account since then - well over 7 months for them to get the info together which they presumably dont have!!! Contents of todays email copied below ---- Original Creditor: HFC Bank LTD I write further to our email dated 21 August 2014 and apologise for the delay in responding. Summary of your complaint You are unhappy with our contact in relation to the above former HFC Bank LTD account, as you believe we have failed to supply you with all the information you have requested under the Data Protection Act 1998. My Findings Please be aware that under Section 7 of the Data Protection Act 1998, we are only required to provide you with the documents that we hold. We have no obligation to seek and obtain further documents that you request under this legislation. Our records show that we responded to your request for information under Section 7 of the Data Protection Act 1998 and provided you with the data you are entitled to under such a request on 5 March 2014. The Data Subject Access Request pack we provided complies with the requirements made under the request. I note that you have requested a copy of the signed original credit agreement for the above account. The documents required to be supplied in relation to any account governed by the Consumer Credit Act 1974 have been the subject of a lengthy legal test case of Carey v HSBC Bank PLC [2009] where it was held by the High Court that to comply with such a request:- 1. The original signed agreement need not be supplied, as a reconstituted copy of the agreement is sufficient provided it contains the name and address of the person as it was when the credit agreement was signed; and 2. If the terms and conditions of the credit agreement have been varied following the date it entered into, then a copy of the last varied terms should also be supplied. Given the above, please find attached a reconstituted copy of the agreement as supplied by the original creditor, HFC Bank LTD. I have also enclosed statements of the account which demonstrate the balance remains outstanding and due. I have placed your account on hold for 30 days to allow you the opportunity to review this information to contact us with your repayment proposals. If we do not hear from you within this time, collection activity will resume. I hope that this response concludes the matter to your satisfaction. If for any reason you are not satisfied with this response, please do not hesitate to contact me on telephone number 0800 5420 058 or reply to this email. Please refer to our email dated 21 August 2014 which gives you the right to refer this matter to the Financial Ombudsman Service.

It's generally accepted that a CCA doesn't have to be provided when creditors provide information under a SAR, but I've never quite got why that is. A friend recently sent a SAR to Barclaycard, who sent plenty of information up to exactly 10 years old. The one thing that they provided which was older was a copy of a signed application for a card. My friend had other cards with BC too but there were no CCAs or applications for them. Are we right to accept that a CCA doesn't have to be provided in response to a SAR, or are we being hoodwinked?

Hi everyone after reading online in depth I thought I'd ask here for some help. a few years ago I took out a loan. I got into financial difficulty a couple of years later, and submitted a CCA request to the DCA. They sent back a letter from the Bank asking for photo ID and a signature. I just ignored the letter, and everything went quiet until it was allocated again to another DCA, I responded again and it went quiet. I haven't heard anything for well over a year, but I've now moved house. I'm worried that there could be a CCJ lodged against me without me knowing, say if a summons was delivered to my old address. Do I - a) write to the bank saying I've seen the debt on my credit record and ask for them to send the CCA to my new address, hoping they won't be able to do so (I don't have a reference number so I guess I'll just send them my old address) b) do nothing and hope they've given up c) any other ideas?! Thanks in advance for your help guys...

Hi everyone I received a letter today from 1st Credit in response to a request for a copy of my signed agreement. I asked them for it a year or more ago (can't find the letter as it was on an old laptop) They have sent a copy - no signature and no date which they say that they can do by law, and are now demanding payment and that I contact them within 12 days. I asked in my letter for a response within the statutory period (which i have seen as being 14, 30 days....either way not a year) The debt with the original creditor defaulted, according to my credit file, November 2009, therefore due to come off at the end of December this year. This is a citi credit card debt that I had when I was married and have no recollection of the agreement etc. I have not acknowledged the debt or made payment in the past 5 years 10 months. Should they have written back sooner? Why can't I have my agreement signed and dated? IS this just a case of them seeing it's due to become 'expired' and trting it on? Any advice welcome! Thanks

Hi All, Does anybody have any information on online applications for credit cards? I know that as of 31/12/2004 a written signature is not required on a credit agreement for an online application, but how does this affect the copy of the CCA that the creditor has a duty to supply under S78? Do the T&Cs still have to be within the four corners of the CCA? Vanquis and Lowell don't seem the think so. They have just supplied a screenshot titled 'Digital Signature Application Details' along with a generic copy of the T&Cs which states that it is a 'Credit Card Agreement Regulated by the Consumer Credit Act 1974'. Any ideas guys?

hi all i sent a CCA request to Apex credit managment on the 21.7.14, this is the reply i got today, am a little bit confused what to do next hi this is an old debt for halifax credit card, of approx £8,500 dating back to 2005 which my husband has been paying a token payment of £1.00 for the last 9 years

I made a standard CCA application of Santander in respect of a current account, originally with Alliance Leicester following an online application in 2006. I got a fairly prompt response returning my £1.00 and making the following comment: " ... we have now completed a search of our systems and can confirm that this account was not regulated by the Consumer Credit Act and therefore does not have a credit agreement. ... " As a further check I then made an SAR for everything relevant. After an inordinate delay Santander sent me maybe a dozen pages of copy statements saying that that was all they were obliged to provide. I spent an interesting two or three months arguing with them, being told that that really was all required, that they hadn't had my application, that they had had my applicatin but I needed to repeat it and enclose anoher £10, that I hadn't included a cheque, and more such nonsense so I made a complaint to the Information Commissioner as I'd already threatenend. This eventually produced a thick wad of stuff and a letter saying that as a matter of goodwill they were making this so-called second supply available to me free of charge! Clearly I then searched the bundle very carefully and there is indeed no sign of any agreement although copies of both my original CCA request and the bank's response are included. I've earlier told Santander that we're in dispute - this is mainly around unreasonable charges (such as £140 for exceeding the agreed OD by around £3) but also issues around their management of the account and ignoring letters, instructions and the like - but although they initially paid no attention to that, bringing in their own tame debt collectors (Moorcroft) and flooding me with letters demanding full repayment of an inappropriate sum, at least they've now quietened down. Is there any validity whatever in the claim that such an account would not have been regulated as they claim? And presumably with a copy of the agreement they are, at least for the moment, stuffed both as regards enforcement and negative reporting. Thanks.

Hi I started getting chased by Moorcroft in relation to a HFC and subsequently sent off a CCA request. Had it ( and my fee) returned today along with a covering letter stating under instruction from their client all credit agreement requests must be hand signed, and have asked me to resend with a signature. Obviously sets alarms bells ringing, but thought I'd come on here to advise and see if anyone has come across this type of thing before and possibly offer me advice on next step? Thanks

Hi all, sorry if this all seems naive but I really don't have much knowledge about the ins and outs of debts/debt collect etc. In 2005 my brother persuaded my 70 year old mum to sign for a mobile phone contract as he has a very poor credit history and assured her he would be making all the payments. It has come to light in the last few days that my brother has been borrowing money from my mum - who is on a low income-pension and I have taken charge of the situation to prevent him taking any more money from her. Having gone through her bank statements with her I noticed a direct debit going out for £50 a month to LP1 collections. Having investigated further I have found out it is for debts somehow accrued since this 2005 contract was taken out and it relates to 3 mobile phone numbers in total. Total debt is around £2000! My mum is completely innocent in all this other than feeling pressured into signing for the contract in 2005 - and indeed my brother had made some payments but then defaulted. My mother has never had or used a mobile phone, is very distressed by all of this understandably. Whilst I understand legally she signed that contract - is there any way that we can get the debt put into my brothers name - Lowell have my brothers name on their accounts as well - but insist the debt is in my mums name. Any help or advice anyone can give would be greatly appreciated. Thanks

Hi, I have received a County Court claim notice from Cabot via Northants Business Court. I have applied for the 28 days extension and sent CPR 31.14 request to their solicitors Mortimer Clarke. They have responded and asked for proof of my name change (got married) - but why? What relevance is this to them? Moreover, I sent CCA request to Cabot. They responded to say they are requesting from the original lender. My letter also asked for true copy of Deed of Assignment. They said it's confidential but they did sent Notice of Assignment to me in September 2011. I never received anything from them. Never received a letter and have no knowledge of this debt, yet it's recorded on my credit file. I'm disputing their court claim. But I don't know what steps to take next. What do I send back to Cabot to say that I never received the NoA. Surely I am entitled to see a copy of the DoA? Please help as I need to send something back in order to build my defence against this claim

Hi all, I am looking for a bit of guidance. I have attached Photos of all letters. I will start from the beginning.... once upon a time- On the 7th of April I received a letter from "Hamptons Legal" saying they are the pre-litigation department of "Lowell". They were asking for an immediate payment to "Red Debt Collection Services" please find a copy of the letter bellow - As you can see I have 3 different company names on that I replied with a request of CCA to "Hamptons Legal" on the 15 of April please find copy of letter bellow- On the 23rd of April I got confirmation from Lowell of the request. And they informed me they were contacting my original lender. On the 24th of April i got 2 letters from Lowell; Said was exactly the same as the one i received on the 23rd of April Said they had been in touch with Barclaycard and they were trying to retrieve the document from their archives On the 6th of May i received another letter from "Lowell", saying exactly the same thing as number 2 letter i got on the 23rd of April. Copy of letter bellow On the 12th of May "Lowell" got in contact again with me with another letter this one saying they are still waiting on Barclaycard, though this letter was slightly different to the ones i received on the 23/04 & 06/05. As this one said under the We're Here to Help heading - they won’t write to me again until they have a copy of the agreement (helping my filling situation defiantly). copy of letter bellow Then on the 5th of June "Lowell" contacted me saying that Barclaycard couldn't get a copy of my credit agreement due to the length of time since the account was opened with me. So they were closing my account and not making any further contact unless a copy of the agreement is produced by Barclaycard. copy of letter bellow I then didn't hear from Lowell till today 17th of July. This is what i received - I won’t short hand any of the document as i don’t want to mislead anyone and get the wrong advice so il take a couple of key quotes out of it and you can find a copy of it bellow. "Your Original creditor has provided us with the attached reconstituted copy of your credit agreement" "which they confirm you would have signed prior to the granting of credit to you" "we are not obliged to send you an exact copy of your signed agreement" "we are also enclosing copy of statement for your perusal and retention" "the outstanding balance show on these statements does not match that of the outstanding balance. This is due to the fact that they are only up until 15th December 2011 and our account was opened on the 2nd of May 2012." "As we have now fully satisfied out obligations required follow your request under section 77/78 of the consumer credit act 1974, we look forward to receiving your proposals for settlement of the account within the next fourteen days" Ok so the document Barclaycard have sent me - To start with the documents are dated the 12th of May 2014. So Lowell should of had them before sending me letters saying they where closing my account unless a copy of the agreement was found. It is then a cover letter then a contract followed by copies of statements. Photos of the documents are attached. The cover letter is attached - The contract has the right to cancel paper with it bizarrely an other than that it is blank tho in small print at the top it has my name and a old address. i have taken photos of it and attached them. The statements are card statements from Dec 2010 to Dec 2011 --------------------------------- Sorry for the bombarding of information i just figured i would rather get it all down in one hit then keep uploading a document here or there. So what do I do now? In my eyes what they have sent me is a complete load of rubbish? But I am no expert at this so I am hoping you guys can help me out. Thanks in advance for all your help!! If i have made any silly mistakes please let me know David

Hi I wonder if anyone can help. I have various CCJ's which are being paid and a recent check on my credit file shows that all my previous old defaults/CCJ's have disappeared since it was more than 6 years since they were applied. One particular one is a credit card from Halifax which is for £5.5k. It was only ever defaulted and I am now starting again to receive letters for settlement. Over the years this has probably been passed on and I recently received a letter from Marlin who were appointment by Cabot Financial. I ignored this and they have now passed it onto Reston’s who are threating court action. One thing to note here is around this time in 2009 I did contact the CCCS to start a debt management plan and only ever made 1 payment to them. I am unsure who the CCCS actually sent the money to but I am guessing they split it over all my creditors by apportionment. My question is because this payment was made, is there any point writing to Reston’s saying the debt is statute barred? Would I be wasting my time as they will have a record already of the last payment being 5 years ago? I am tempted to just ignore the Reston’s letter but I have a feeling they will go for a CCJ. Any advice would be most welcome. Thanks

Would really appreciate some advice on a CCA request & reply from AMEX. The account was taken out in 1997 and in response they sent me: A copy of a 60 second application form (these are not signed on behalf of AMEX). It is signed by myself but does not contain any prescribed terms. It does say "I agree to be bound by the terms and conditions which form of part of the agreement". The "apparent" terms and conditions - these are barely legible and a separate sheet, unsigned by myself. There is no definite credit limit documented - just that "we will decide in our discretion, your credit limit from time to time and inform you what it is". (I am reading this with a magnifying glass!). They included a current statement of account and returned my £1 postal order as they are "happy to waive the fee". They have come back saying "You will note this has been signed and dated by AMEX and consequently the agreement has been properly executed". (They are referring to the "approved UK accounts box"). Can anyone with experience of AMEX agreements let me have their thoughts on this. I've been reading the forums for a while and have got some really good information from here. I think the time is probably right to SAR Amex. I'm pretty sure they don't have the original document - this looks like a microfiched copy. Thank you in advance.

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?

Have a look and let me know what you think. Any help will be appreciated. http://s911.photobucket.com/albums/ac318/zentrix9/MR%20VIRGIN%20MNBA/ I will be sending a SAR request tomorrow to see what I get back

A further update on many of my different posts for an old lady this one is Capitol One CC taken out in 2004. I sent to Lowell's a CCA request the time has passed and no details have been forthcoming, the account has now been placed on hold awaiting the requested documents. A further phone call has now confirmed that Lowell's are now quoting they have 40 days to comply with a CCA request, we all here know that it is 12+2 days to sort out. The regulations about this can be found here, http://www.oft.gov.uk/shared_oft/consultations/OFT1175con.pdf please check out part 2.14 this clearly states 12 days, + 2 days due to posting this out. It is confirmed that the 12+2 days are working days, Monday to Friday. We at CAG have always known for a long time that DCA's cannot read and quote all sorts of wrong things, This debt as well as many others have all failed to comply with the CCA requests, the new letters will be in the post tomorrow for this. Why the blue blazes do DCA's think we as adults can not Google the law? They are totally misquoting rules and regs in anyway they see fit. I know what to do next but wanted to show new posters what is what and that they (DCA'S can) say/do in regards to a CCA request, check out the OFT link if they wish to do so. Thx for reading. Oh btw this is also happening with Fredrickson's, Cabot and Moorcroft on these/other matters. At present I have 6 unfulfilled CCA requests as of 03/02/2014, what the blazes is taking them so long. Page 28 onwards for the layman are very interesting reading, as when a DCA replies to your request they MUST use plain English, and explain to you that the rules they are using for/not responding to your request, so in my eyes when a DCA replies with reasons they cannot comply they SHOULD NOT use long legal terms for this, am I ready this correctly? With this next line is a question that if you can answer will be very interesting, The lender should also give you a copy of any documents that are referred to in your agreement. My reading of this is (A) if it is a fixed credit agreement and you provided ID does this then have to be included as well, or copies of such? (B) if no such documents are enclosed does this make the request unfulfilled? • show you the original terms and conditions and any later variations © again if no T&C's or any amendments included does this make the request unfulfilled? • contain all the information and statements of protection and remedies (D) If no statements have been sent does this make the request unfulfilled? • be easy to read. (E) If the copies are unreadable i.e. blurred does this make the request unfulfilled? The link appears broken so have attached the PDF for your reading MM

Hi , my wife had an old Halifax account that she hasn't used in over 5 years (last used around Feb 2008) and she accrued a debt of over £1400 on the credit card + £500 on overdraft. The original debts were well below these figures but added charges + accrued interest on top, makes these figures as things stand. We then left for Australia as part of my work, and only recently been back. Fast forward now, and the greed machine have been grinding away hard, the latest company to have taken over is Bryan Carter LLP (no less !). This outfit now sent a letter three weeks ago to my wife threatening court action and CCJs. After reading few useful (always!) articles here, I decided to CCA Bryan Carter (+ £1 as per law) and I was about to SAR Halifax. To my surprise, Bryan Carter sent back a reply within 2 days, and they say: "We thank you for your recent letter the contents of which we note. If you require documentation under Consumer Credit Act 1974, you may request this directly from our client with the appropriate fee". In the meantime, please contact us with your payment proposals". How can they chase this debt then if they cannot or do not hold any valid, relevant and original agreement? What is the course of action in this case? Thanks for your help and for reading this.

I have received the following response to my CCA request from Barclaycard (Formally Egg), they have placed a default on my credit file and their letter seems to be saying the agreement in not enforceable. Couple of questions Is it possible to remove the default from my file as i do not believe they ever issued a default notice? I am currently paying a small monthly amount what should i do next? Thanks in advance Unfortunately i can't post a link as my post count is too low but the full size scans can be seen at S1274(dot)photobucket(dot)com/user/sidabm/library/ Link to Photobucket added by Slick - http://s1274.photobucket.com/user/sidabm/library/?sort=3&page=1

Good morning please could anyone offer at advice on a clause within a fixed sum credit agreement which reads "we may from time to time increase or reduce rate of interest after giving 30 days notice both as a result in interest rate changes which applicable to all borrowers. We may vary the rate due to changes in our underlying fund or input costs. Variations in the rate of interest under this agreement are not in line or linked to variations in BOE base rate" Is this very dangerous ground ?? I thought fixed sum meant just that? Any advice would be appreciated. Many thanks Hayley

Hi all, I sent a CCA request to Welcome Finance on a secured loan from 2008 for over £18085. they have now replied stating that they are no longer in possession of the document but we are still liable for the debt under case law and the Consumer Credit Act. The figures they have returned look to have been completely made up, what should my next step be?

Good morning Can anyone advise me please? MBNA have had a DCA on my account for some time. I sent a DCA last year and they defaulted. so i sent them the default letter. They've ignored this so i sent it again a few weeks ago. They still ignore it. They are calling the house constantly and have written saying that they've sent a copy of the loan agreement so its now enforceable and collectible. I should add that they have never sent a signed copy of the agreement. Can i report them to some one as they are in default and still harassing me? Many thanks....

Hi I hope some one can help, I am in debt like a lot of other people, and have tried to ignore it too, but finally pulled myself togeter and its time to face it head on. I owe HSBC overdraft £215 account taken in about 2000 (approx guess) HSBC CC £1366 taken in 2005 I believe? Co-op Student over draft £2124 taken in 2007 (with lowells and bryan carter now) Very £321 (with lowells) taken 2011 isme £289 (with lowells) 2011 littlewood £649 (with lowells) 2011 I got in trouble after uni as I thought getting a degree would mean a job but as the ecconomy crashed in the middle of my time at Uni, it proved difficult and all the credit that is offered as a care free student soon gets nasty when you finish and dont get a job. I had low paid jobs to start with and couldnt afford repayments, then I had an injury at work, which is when i resorted to catalogues (stupid idea I know). I have sent CCA's to all accounts with Lowells and bryan carter several months ago!! they did not respond with in 12 days?? the only response I've had is 2 days ago a letter from Bryan carter with a copy of my statements from co-op?? nothing else! the letter says I hope this resolves the issue?? what do I do now?? Also the smaller debts with Lowells I was hoping to make a full and final payment offer of about 25% (as lots of the cost is interst and charges). Also the same for HSBC over draft and pay 1 a month off? do you think this is possible? I havent heard anything from HSBC when would they be removed from my credit file? if they are still putting a default every month on my credit file will the debt stay there forever? Sorry it's long winded, I've so many questions and I want to get it sorted so I can sleep in peace for the first time in years.

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.