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  1. Hello, recently received CCA from MMF re: Payday loand with Wageday Advance. Not sure what to do next. Original credit amount was £150. Now it is sky high £550! Is there something I can do about it? Sorry for asking, new to all this debt fighting and CCAs. Just wanna sort my debts out and would greatly appreciate any advice [ATTACH=CONFIG]49134[/ATTACH]
  2. Hi, I hope I am posting this in the correct place, it is a follow on from a thread I started in debt and self help forum. I have had a response from barclays (ex egg CC) to my CCA request and not sure what to do now?? I have been in a DMP with pay plan since 2006 and have made significant progress in reducing the debt but there is still £3K outstanding and I have been made redundant so cannot afford to keep up the monthly payments but think i may be able to offer a settlement hence why I sent a cca request of to them. The account defaulted in 2006 and is no longer showing on my credit file. Thank you for any advice and I hope the attachments work
  3. Hi, Following the advice from a previous post on here to send CCA requests to my creditors, I've had a response of sorts from Santander regarding my Cahoot Flexiloan account. I defaulted on the account 7 years ago and have been managing payments to them through PayPlan ever since. The Default expired on my credit file last year and I've stopped paying PayPlan (again, under advice) because they've been screwing up my payments and until I did some digging, I didn't realise their estimated settlement figure bears no relation to what Santander say i owe. I sent the CCA request on the 7th March and yesterday I got a statement with my last 9 transactions on it. That's it. Nothing else. What do I do now? I'm not paying them any more as I believe technically my account is still in dispute. I'm desperately trying to clear up my credit file (my mistakes were from years ago and I've worked hard to correct them and get myself straight) so I think I'm right in saying they can't default me again, but can they issue a CCJ? I can't start this cycle again. If anyone can help it would be hugely appreciated.
  4. If a DCA has requested a CCA from the OC, is there any reason why the OC would not supply them with one? The OC assigned the rights to the DCA a while back. I have evidence that the DCA has requested this, but they have still not been sent it by the OC. I have r'cd the CCA I requested from the OC, along with all the evidence I sent them at the time of application e.g. bank account statements/letter etc.
  5. Hi All I wonder if you could clarify something for me. I sent a CCA request to portfolio recovery and they have returned it stating they want in addition to the information i have given them, (reference number, full name, address ) my date of birth which they say they need have to comply with the Data protection act are they talking rubbish? i have never had to do this before? many thanks for your help
  6. Hi another two of our debts are with barclaycard. Sent off cca request but nothing back within the 14 days sent account in dispute letter. Oh and in between also had to send telephone harresment letter due to constant calls that have now stopped. Had response today saying that they only have to provide a reconstituted one but there was nothing in the envelope with the letter! I need to fire a letter right back to them tomorrow but as the agreement was taken out in 2002 don,t they need to send the original? I have been reading conflicting advice on posts as to whether the no coca no pay rule will still apply. Can anyone help as if they need to provide the original then I need to put it in the letter. Thx
  7. overdraft: Account opened: July 1997 Last payment: September 2010 Current balance: £2000 Status: Gone away credit card: Account opened: July 1997 Last payment: August 2010 Date defaulted: Feb 2011 Current balance: £6000 I have an overdraft and crdit card with HSBC, it was a young savers account and converted to student account and then joint account over the years. I think that opening date of 97 was the student account but Im pretty sure the same account number existed since the 80's. I lost my job and used the overdraft to make a mortgage payment, my credit cars which was high was also run up further while i looked for work, then when I did find work I found my monthly salary wasnt enough to get me back to £0 on the overdraft and things spiralled. I opened a new bank account and then wrote to HSBC explaining my difficult situation and basically have heard very little since, especially on the overdraft. I also have a credit card that I sent the CCA and SAR letters and did eventually get a large box from the SAR request, but they admitted that they held no agreements to satisfy the CCA request. They attempted to open a case in he bulk Northampton court but it was thrown out when they failed to provide the evidence required in time. I have had the usual letters from Metropolian and DG Solicitors but I am unsure of what to do if anything. I have been saving with the aim of making full and final settlements to all of my debts but I owe close to £40,000 in total and Im not sure how I should prioritise.
  8. All creditors were written to by letter dated 21.08.06, to inform them of financial difficulties. I enclosed £1 token payment and cont’d to pay this for some months until payments increased. The original payments amounted to £500-£550 per month. I am still currently making reduced payments as below. I am unsure where I stand and what I can do, if anything, and do not want to open a can of worms as I have been off work with bereavement/stress/anxiety and as a result I am now unemployed. If you have read any of my other posts you might be getting the idea of what a pickle I've got myself in to, or got myself in to ten years ago. thanks for reading and for any advice you can offer. Lloyds TSB Goldfish Loan - now with 1st Credit Not showing on Equifax file Balance £4555.07 I pay £24.00 per month Letter from Lloyds dated 17.11.06 stating, “we cannot accept your payment proposal or suspend the charges and interest on your account” I have the original Goldfish CA from July 2004. Letter from 1st Credit dated 11.01.2008 stating, “We give you notice that Lloyds TSB Bank has assigned 1st Credit all of Lloyds TSB’s rights in to and under the above detailed account.” Always (monthly) sending discount letters, last one dated 23.12.13 offering 50% if paid in Jan, with decreasing % for payment in subsequent months. CCA requested 06.01.14. no reply r’cd to date. Should I withhold payment until I have evidence from them?
  9. Lowells are chasing me for debt re: Barclaycard. Have written requesting the CCA, they've sent this direct to Barclaycard. Have received said agreement from Barclaycard It appears to simply be a copy of their conditions? Can they argue this is sufficient and then provide a signature down the line if they wanted to issue a CCJ? If not, should I write back to them? Thanks
  10. I made a formal request for a true copy of my CCA to RBS but on various advice I did not sign it. RBS refuse to send it unless the application is signed. They also say that because I have changed address they require copies of Bank Statements, Utilility Bills and copy of Passport with my signature on it, yet they have sent correspondence to my new address and even gave it to four different DCA's. Can they do all this ?. Advice would be appreciated.
  11. Hi everyone, its me again with another debt. Stupid me got burden of debt. I received a copy of my agreement with no terms and condition. I also received few statement showing my token payment. What I have also noticed from the statement is, credit limit on Capital one credit card was £1250 however debt went up to £1694 after I enrolled with DMP. I guess they are all late payment charges. I have already sent SAR to Capital One. Now my big question is, is this debt enforceable at court of law? Is there anyway I could get out of this? Should I make F&F offer to Rob&son Way? I have 10 days to reply but I am going away for 3 weeks towards end of next week. I don't want CCJ as my CRA file is clean and don't want court letter while I am away. Please help.
  12. Hello I just wanted some advice. I CCA'd RBS Mastercard, who came back and asked for a signature. I looked at a post on the forum with a similar problem to mine and used the letter saying that they had sent my statements to this address etc and included copy of passport (signature blurred) and utility bill. Today I received the letter back saying they still required signature, which is frustrating as I know they are just going to copy and past it onto agreement. I have a very big feeling they don't have a signed CCA. The card was taken out in 2007 so not sure if that's still within the time limit, but regardless, they should be able to provide me with some form of documentation. What's my next step? I really don't want to give them the signature! Thanks, Lou
  13. Hi Guys In the event of requesting a CCA or DSAR and sending payment for the requested information, they attempt or align it to the debt to reset the SB 5 / 6 year period etc. While we all know that it doesn't... A certain DCA I've come into contact recently assisting a friend has aligned it to the debt and claimed that a £1 payment has been made to reset the SB period. What's they best way to combat this? If this was to hit court then how would you defend this?
  14. arthur256

    Link & MBNA

    In another thread there appears the following statement regarding CCA agreement defaults: "You have not replied to this request within the statutory period and therefore, under s78(6) of the Act, you may not enforce any agreement you may suppose to exist between us. That means, you may not 1) request payment on the account 2) add any charges or interest to the account 3) communicate any details regarding the account to any third parties. This inludes but is not limited to Credit Reference Agencies." Is item 3 really true? I have a dispute with Link over an invalidly assigned MBNA debt, which has been in default for several years due to Link persistently failing to send the Consumer Credit Agreement. They eventually sent me somebody else's CCA and I have reported this to the Information Commissioner. So it remains in default. They have continued to supply adverse data to Equifax and Experian, probably CallCredit too. If item 3 above is correct, how can I get the information deleted please? I already have a Notice of Dispute filed with both main CRAs, who said (when I first mentioned the situation) that they cannot remove it without Link's agreement. TIA
  15. Hi I am helping an old lady with her debts, and have been for 5 months or so the story so far.. I sent off a CCA request 04/01/2014 I duly received the attached documents, Prior to this I took control of her debts and needed a DPA release letter, This was duly signed not her usual signature but with two added security features to the signature, so it could be connected to the DPA release letter. Now to explain the layout of the attachments As you read these the first one is document 1 and is signed by the rep from Ambrose Wilson only and no name or address on it, the last 4 digits of the account number top right hand corner as a reference this is printed on shiny paper and looks like the original document. In document 2 this is inkjet paper, with the same exact signature from the company, dated 24/10/2012 but this one has her address, customer number address and the exact signature from my DPA release including the 2 security markers I placed on it , the signature of the customer was created on the 04/01/2014. I printed off the company signature onto a clear sheet and it matched perfectly as did her signature from the DPA release, I meant it was EXACT (hers) the DCA dealing with this account was Fredrickson. Who have had 4x CCA requests all but one denied and all now returned to the OC, no refund of the CCA fee has been received, also the CCA request is over 10 working days late for the remaining three, please look here for any missing details, Thx dx100uk for the extra info. http://www.consumeractiongroup.co.uk/forum/showthread.php?414812-Fredricksons-obo-JD-Williams Perhaps admin can tidy and make as one post for ease of reading please.
  16. Hi, Requested CCA and SAR from Barclaycard late March 2012 Received reply seven days later saying they are dealing with my request for CCA Then received SAR response, 6 years of minimal info copy statements with nothing else. Sent follow up letter Re no CCA , "account in dispute" second week of May, this letter was sent recorded delivery, First Class, along with duplicate standard First Class letter, both to the same address as the initial CCA request. Royal mail tracking states recorded item being "processed through the system".. sent it to : P.O. Box 9131 51 Saffron Road LE18 9DE Have received nothing more in reply to initial CCA request from Barclaycard since. I'll follow up with Royal Mail Re pocessing letter, to move it on, are these actions feasible : 1. Send another recorded letter to address on Barclaycards letter of acknowledging the receipt of CCA request, stating the account in dispute. 2. Send notice of failure to comply with SAR/DPA request and begin a court claim with a complaint to Information commisioner to get the full information. My credit reference file shows the account is in arrears, nothing else. I have an agreement to make a monthly token payment which I made with Egg. Should I continue to make the token payment, and how do I deal with the SAR failure (as I want to reclaim charges from when the account began) ?
  17. Hi CCA to OC who returned £1 p.o. as now administered by CL finance. Also made a CCA request to CL Finance prior to this on 24.01.14 (free proof of posing obtained) No CCA r'cd from them. Letter r'cd this morning saying they [CL] have now assigned this to Hoist Portfolio Holding and that future correspondence should be directed to them. I am going to send a letter to HPH just stating that since their clients are in default of my formal CCA Request their letter is an unlawful demand for payment. Do I need to say anything else and is it worth copying the letter to CL too? Thanks. Showing on Cr Report as: Credit Card from C L Finance, and as AP since Jan 2010 - stopped paying last month due to unemployment.
  18. CCA reply from Barclaycard re my old Egg card today - they admit they are 'prevented from enforcing . . . while this state of affairs continues' - because they are unable to provide a copy of the terms of the credit agreement as varied in accordance with section 82 (1). They kindly inform me that they will take any action short of enforcement, which includes instructing a 'third party to demand payment or otherwise seek to procure payment'. I'll expect some letters then. if Barclaycard can't enforce this then I don't suppose the DCA will be able to either, but I'm happy to send them a CCA Request too if necessary.
  19. Hi All, Received my first response to my CCA request from HBOS card services. The card was taken out in July 1999 and was defaulted in 04/2009. I guess this will be removed from my cra file on 14/04/2015...fingers x. Paying them through Blair Oliver & Scott at £60 per month I have received a reconstituted copy of the t+c, apr etc for the card above. The copy simply states my new name and address and the current terms. Apparently this conforms to s78 of the CCA 1974 so as far as they are concerned this is enforceable so this is the end of the story! I was at a different address when taking out the card so surely this isn't a true copy of the original, recon or not?? They did go on to say that they were looking for the signed agreement under s60/61 but apparently this isn't required by law. DJ
  20. Hi All, I hope you can help me with a letter I have received from Tesco Bank. I have defaulted on a Tesco Credit card and this debt was passed to MDRL. I requested proof that MDRL were legally allowed to claim on this debt and they passed on the CCA request to the original lender. After many months and as far as I am concerned a default on my CCA request, Tesco have replied. The letter is attached. Please answer these questions if possible. Are they right, should the CCA request be signed, bearing in mind it was sent to MDRL? If they have done nothing wrong and are not in default of my request, why offer compensation? What would be my best course of action to reply, is there a template or a quote I could use? Do I need to send off the signature request? Any advise will be appreciated. Many thanks. AS
  21. have just posted my SAR, so started a thread just in case i need any help in the future...
  22. Hi can someone help with this - I read somewhere that it is a bad idea to send fee of £1 to request CCA from DCA's as, if they're not showing on your Equifax file for example, this can start another 6 year cycle as you've admitted to owing the debt by making this request and sending the postal order? I've made 4 requests recently and am a little worried Not that I want to apply for any credit cards etc EVER again. Although I r'cd yesterday 2 application forms for credit cards - 1 from Capital One (I had a limit of £200 and they hounded me more than anyone, now settled thank goodness) and 1 from Vanquis Bank. Does this mean my credit score/rating has improved? would I get in any trouble for marking with edit in marker pen and sending back in their pre paid envelopes? thanks.
  23. Hello everyone, Just a quick question regarding CCA requests. If a CCA request isn't honoured within the 12+2 days, which is the correct procedure to follow? Is it: 1) Send a reminder letter with an extension or 2) Send a letter explaining that they've failed to provide the CCA as requested and deem the agreement unenforcable? Thanks.
  24. Another debt for this poor debt ridden chap. Please advise if this is enforceable. DCA- Link Financial OC- MBNA - Credit card applied back in 2001 DMP- Eurodebt, been paying token payment since late 2002, will be ditching them soon. SAR sent to MBNA and waiting.
  25. Hi All, Apologies if this is posted in the wrong section or has been answered elsewhere. I am dealing with Hillesden/dlc and am going to send a CCA request for the original credit card agreement. I have read a lot on here regarding the CCA request and what they must supply but my question is this: The credit card agreement, with Citi, was taken out in 2001, so do they have to send a copy of the original signed agreement, or can they just send a true copy of what the agreement was back then, without my signature. I understand that a lot of agreements prior to 2007 were inaccurate or didn't comply with certain guidelines? Many thanks for your help, and sorry again if posted in the wrong place!
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