Showing results for tags 'cca'.
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Hi Peeps can anyone confirm if they actually buy the debts or just attempt collecting ? For credit cards on following :- Lloyd’s HBOS I should’ve asked before sending CCA’s yesterday - schoolboy error ( still learning ) Thanks
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Today I received in which looks like usual fob off letter from barclaycard rejecting my initial claim for unfair charges totalling over £240. All my charges were for £20 and a one-off charge of £40. In their letter they state that their charges of £12 are in line with their actual and estimated costs etc and are printed on back of statements each month. What next - do I reply mentioning the above statement and what I have been charged ? Thanks for any help
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Hello, Long time lurker here looking for some help please. Thanks to the advice to others I have read here I have learned sooooo much! I defaulted on three credit cards in 2008 and have been paying £1 per month to each since then. They have all been sold on multiple times. Current situation: MBNA £17000 now with Capquest HSBC £3000 now with Robinson Way MORGAN STANLEY £8000 now with Cabot. I know I've been an idiot and it's all my own doing. I sent all three Cca requests on monday, unsigned with POs. What happens now? My token payments are due on 17th - do I keep paying? Thanks so much for any advice. This site is brilliant! Gettingmyselftogether (I'm giving it a shot anyway!) -
Hi there I am guessing this is a common problem. Around 2 years ago, I received a threat from Cabrot regarding an £8k credit card from Halifax taken out in 2000 (I think - may have been 2001). I followed instructions and sent them a letter requesting a copy of the CCA and got the usual BS saying they couldn't find the file but I am still liable for the debt, the last I heard from them was August 2016. Anyhow, out of the blue. Yesterday, I received a letter from our beloved friends stating they had found said documents and they believe these were enforceable to obtain a CCJ. There is no signature on the forms and the page numbers do not correspond properly with corresponding numbers either missing or duplicated (I have copies attached with details blanked out - I can only upload 5 but have another 5 or 6). Additionally, there is no credit limit either, just a note to say that it will be determined and could vary. They do however, have my name & address on the top of the form. Based on this would it be enforceable and accordingly, how should I reply? I had hoped this had been put to bed but sadly not and I'm hoping I am not screwed. Thanks in anticipation. KR
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Hi - I got advised to log my story on this site by MBaxter who I often work with in the states. He cant sing your praises highly enough. 1. I have an outstanding debt from a Lloyds C/C for just over 6k. I received a letter before action sent to a relatives house who I have registered for my mail. I do come back home every 3 months for about 10 days at a time and I am not sure whether I will stay here or not. I own no property or assetts in the UK, so they can't touch me there but I don't know whether I will return to the UK as the industry we work in is changing fast and there is a possibility by the end of 2017, I could be back in the UK and don't want them to hit me with a CCJ by default. 2. The debt is from 2000 and I was paying said fleecers via Stepchange about £50 a month from 2008 up until June 2013 but I realized the outstanding amount was increasing. As a side note, it was Mbaxter who spoke to me about his DMP and I advised him on what I had learnt about my debt increasing so he stopped paying his too. 3. There had been several letters from them that I had asked my family member to open for me threatening to take my first born etc. But about 8 weeks ago, I received a letter which was "a letter before action" from their solicitors. Having read other threads on here and other sites, I sent them a CPR31 letter which I scanned and emailed to my relatives who sent it recorded delivery for me, with a footnote that I am living overseas and that if requested, they can have my US address or continue to write to the UK address in Southampton. 4. Tuesday, they sent a letter back acknowledging my letter, saying that they have referred this back to their client and that they will no longer be looking after this case anymore. My question is, should I send Cab's a CCA request for this now or should I await further communication from them I fear they maybe serving court papers, so is it best to get in quick with this? I am back next week for the Easter break, so I can send this myself. I'd appreciate any advice anyone can offer. Thank you.
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Hi Ive CCA'd all my creditors. I have had a response from IDEM for some sofas I had from DFS. They have sent me the original credit agreement I signed in DFS on 24/11/07 with a copy of my driving liscence. They have also sent me a list of all payments made, apart from they have missed off the first year of payments made through payplan. So I am guessing that this debt is enforcable so where do I go from here shall I set up a repayment plan for this, do you think I could try and F&F. Should I enquire about the missing payments? The last payment made to them was recently on 04/12/17 which was the last payment I have made into my payment plan. Thanks in advance
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Hi there. Just on the off chance my husband sent a request to Barclays to see if he had PPI on any of his cards. It turns out he had it on his Barclaycard Mastercard from Sept '97 until Dec 2004 and on his Barclaycard Visa from Sept '97 until Aug 2015. What would be our next step forward please? Thank you.
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Hi there all. I have a question regarding my account. I had a Virgin Money Account which I was paying off interest only for, for a significant time and one i had PPI on. I was paying minimum payment for some time which meant interest and charges only on it. My business failed earlier this year and I am only now coming out the other side with a salary again. The account has been sold to IDEM and noodle gives the following information. Idem Capital Securities £ 4,471 22/09/2014 Default Name nnnnn Address nnnnnnn Date of birth nnnnnnn Account type Credit Card Account number ******6888 0 Account start date 09/05/2008 Opening balance £ 4,471 Regular payment £ £ 1 Repayment frequency Monthly Date of default 28/02/2014 Default balance £ 4,471 I am now being contacted by Westcot about it daily and in letters. I would like some advice please. 1 - It seems I can still approach Virgin/MBNA about PPI and charges on this card as I believe i have a claim that may be valid. Do I contact westcot and advise them that I will be contacting them or not? 2 - What should be my next plan? I have no issue paying this debt off but i see all this stuff about CCA requests and SAR requests etc a nd I am not sure what I should do, I can ring them up and offer £200 a month not an issue. 3 - Do they have any legal right for me to disclose my financial details to them as in income and outgoings - i can see from other threads that IDEM seem to think that they are in their rights to ask lots however I don't know what westcot will want from me. Thanks in advance!
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New here, been reading some posts, but so much info, getting confused.. Well over 10 years ago, had 3 Credit Cards, 2 were with Barclaycard directly, another via another company, but at some point Barclaycard took that card over also... In the last 5 years at least have had a payment plan with Barclaycard with all 3 accounts, as I could no longer afford the monthly amounts along with interest, in Dec 2016 Barclaycard passed 2 of the accounts over to Link Financial, paying one at £50.00 a month the other at £100.00 which is what I was paying Barclaycard In June this year Barclaycard passed the last one to a Hoist Portfolio Holding Limited, who in turn immediately passed it to Moorcroft Debt Recovery Limited I own £1866.75, was paying this at £53.00 every month to Barclaycard, they now sending Letters asking for payment/flexible approach etc What upsets me about all this, I've never missed a payment with Barclaycard, may be a date but doubled it with the next one, my bank account goes from Black one week to Red the next.. So have no spare cash to play around with, Barclaycard was getting their money back, just not quickly. Now have payment details with Moorcroft via account details, web page etc, not yet contacted them, but don't what to fall behind with them just to incur interest etc, so making the amount owed even more & will then take me even longer to pay off.. Can anyone please help me, not sure what to do...
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Hi, I have a debt (approx £25k) that defaulted on Apr 2103 that is being chased by Cabot. I have not made any payments on this since 2013 to either the original lender or Cabot. I have recently requested the CCA from Cabot and they acknowledged the 12 day time limit before temp unenforceable and as they would have to request from the original lender they anticipate not being able to provide it within 12days and hope to have it within 40 days. They said that in unlikely event they cant produce within 40 days they will write to me again. 40 days passed around a week ago. I am unsure what to do next as it does not look like they can provide the CCA and have not written to me as they said they would. What should I do next? I am tempted to make a silly F&F settlement offer so it is not hanging over me. Any help appreciated. -
I have response from Cabot to my CCA request. This is for Barclays loan (36K) which they bought in 2010. they do not have information on file and have requested said documents from original lender. they acknowledge the 12 day time limit but state they hope to comply with my request in 40 days, if the unlikely event that cannot obtain the information after 40 days, they will write again. original loan was 42K - do i sit tight and see if they produce documents or go for a silly F&F to clear up the matter on the basis they may take something now, in the event they do find the documents it may cost me a lot more in the long run ?
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Hi I CCA'd Lowell as they held a Default against me for Morses Club for £329 which I do not recall owing back in 2009, which was defaulted in 2015. Lowell have come back to me sending me a printed statement, which to be honest, I could just type up on a few sheets of paper! The letter states "we note that you state that we have failed to comply with your request for information under sections 77-79 of the Consumer Credit Act 1974 and as such you feel that this account is unenforceable. The duty to supply documentation under Section 77-79 of the Act does not apply to an account under which no sum is, or will, or may become payable by the debtor. Therefore it would not apply where the balance has been written off, as is the case with this account". "In accordance with Schedule 2, paragraph 2(a) of the Act that deals with the exceptions to any request under Section 10, Lowell is not prepared to cease processing your data in respect of the debt claimed from Morses on the basis this is required for the performance of the said contract to which you are a party. At the point of application of this account with Morses a Fair Processing Notice was agreed to by you to share/pass personal data. Consequently, when Lowell purchased the rights to and benefits of the account, this included the Fair Processing Notice and the requisite permission". Section 136 of the Law of Property Act 1925 requires Lowell to give you notice of the assignment of the debt to them from Morses. Our records show that our letter of assignment sent to you on the 23rd June 2015 following the purchase of the debt from Morses which satisfies the relevant provision of the Law of Property Act 1925". "We are not prepared to remove any default registered with the credit reference agencies in respect of this account as we consider the data remains correct and accurate". It goes on but it's the same standard blah blah blah. Any help would be really appreciated in response to their letter, thanks
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I send CCA to all my debtors, I have reply from Westcot advising that they are not the creditor but collecting on behalf of Cabot and that i need to either resend to them with postal order made payable to Cabot for forwarding or send direct to Cabot. 2 questions 1. shall I send direct to Cabot or go via Westcot 2. I read on other persons post a reply that said Cabot do NOT collect enforceable debt, I would really appreciate confirmation of this, as Cabot are collecting the largest debt i have, Barclays Loan, still awaiting a response to CCA for this one, although Cabot already replied to another debt advising they will no longer pursue chasing payment. thanks
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hi all has there been any law changes when asking for original copy of cca 1974 ? are creditors still required to provide a copy ? many thanks.
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Hi there, first post time and I'm hoping someone with way more knowledge than me might be able to help. I've a Lloyds loan from 2008 that was sold to Cabot they say I still owe £12k on I was making payments towards until April'17 I contacted Cabot for my CCA, waited 40 days then stopped payment, now just a few days ago they have sent me a reconstituted version which they say complies along with various copies of payments made to Lloyds and Cabot themselves. I've attached the CCA they sent me. All signitures and addresses are correct and the debt in no longer showing on my credit file, but I've no idea about the rest of it Can someone who knows about these reconstituted CCA's please take a look and let me know your thoughts as whether this is valid please and what migh optiosn might be? Last part of attachments Sorry, I've compiled them into one pdf an attached here. CCA-Recon.pdf
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Hi everyone, I've received my MBNA CCA from Link Financial. It all looks as it should to my untrained eye but can one of you more knowledgeable folk please give it a quick scan over? It came with 2 sets of terms and conditions attached to the back. One looks like it was of a similar age to the front page but is very clear and legible and the other set of terms and conditions look like they are the current ones with different APR's to the ones on my signed agreement. Look forward to your replies cca return.pdf
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Hi Recently received a reply from Amex in reference to BA Amex card from 2005. Attached is what they sent. Can you please advise if this is enforceable in court of law? Thank you. Amx.pdf
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3 months ago, I hired a plumber to fit my new bathroom. We agreed it would cost £2000 for the labour. I wanted to pay a deposit on my credit card to get s75 consumer credit act protection, but he told me he did not have the credit card machine with him and he would bring it another day. During the work, problems arose, but was assured by the plumber he would deal with it- but he never did. The tiling was not flat and the shower door hadn’t been fixed correctly. He finally brought his credit card machine the day before he finished and I paid £100 on my card. On his last day the plumber demanded that he be paid as he would come back on Monday to fix the problems, but he never turned up and he has since closed down the company. I contacted my credit card provider, Natwest, to make a s75 claim and they declined it. They said that the three-party relationship with Natwest, me and the plumber, had not been established before the work began and that because I had known about the defects before I made a payment on my credit card, that to would invalidate s75 claim! However, my understanding is that if I pay for any part of a bill (for a service or goods) with my credit card, I would be covered. The legislation does not state when the payment needs to be paid, only that it can be for any part of the bill. But the point is I wanted to pay for the builder on day one of the works to get s75 protection, but because he was so slow in bringing his credit card machine to me, it was significantly delayed. Also, how would this be different to say another person in the same situation agreeing to only pay after all the work had been done and on the last day the plumber demands to be paid and promises to come back the following day to rectify the mistakes, and he doesn’t as he goes bust? Surely there would still be s75 protection? I think this is really unfair. Does anyone have any advice on this? Many thanks
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Hi Guys Im new to this I received a court notice from mortimer clarke on behalf of cabot in 2015 regards a cc I filed my defence and sent them the requet for proof of my cca which they did not send me the court stayed the claim and now 2 years later they have appealed to remove the stay with the court ive just received court papers sending the claim to small claims track and mortimer clarke has asked the court to complete this without a hearing any help would be much appreciated -
Hello all. I've just found this forum and have been reading through some of the very helpful guides regarding PPI. I am currently in the process of helping my sister with a PPI claim against Capital One. We've never done this sort of thing before so do have a few questions we were hoping you could help with. Initially we contacted Capital One to ask if she had PPI. They emailed back and said yes. I then sent off a SAR to see what information they hold on her as we're not sure if she was mis-sold, so are trying to establish a few facts. They responded with a pack that contained loads of statements, memos etc. I don't think it included everything I asked for, they said to ask again for specifics (like which telephone call exactly) and they will provide them. In the statements it shows PPI, there is also a signed copy of the CCA which indicates my sister asked for PPI. She is a bit suspicious of this but that is neither here nor there, the fact is it's signed and she has signed up to it according to this document. We want to know whether it is possible she was still mis-sold though. Ideally, we need a copy of the literature explaining what exactly PPI is and its policies that you would expect to have been sent out at the time. This will allow us to check if she was eligible or not and perhaps claim on those grounds if she wasn't. If she was eligible then we can at least draw a line under this and not bother complaining. Is there any way of obtaining this document or information? I understand a CCA request will just be the loan agreement which they already provided a copy of in the SAR. I imagine they must have sent out a PPI leaflet as opposed to discussing it over the phone with her, as the memos do not indicate any phone calls prior to the start of the PPI agreement (although they are hard to comprehend). She was in part time employment at the time, had not been in full time employment for six months prior to the agreement which elsewhere I have read may be deemed as reasons for ineligibility and thus a mis-sale. So we're not really sure how to proceed from here, if at all. Thanks for reading, I appreciate any help regarding this. -
nowlo everyone, I was hoping you'd be able to give me some advice on my current situation. I really want to keep on top of things. Natwest Loan £2,505.78 Natwest Credit Card £1,686.25 Natwest Overdraft £500.00 for my credit card, or shall I say Triton debt management. At the time I was awaiting confirmation of JSA, housing benefit etc and had no income. They accepted a monthly £1 token payment. End of last month they constantly kept calling me, I answered to shut them up. They told me the first agreement wasn't valid as I had no income and therefore it shouldn't of been made. Said the person that called me was 'new' (like that's MY problem) . I was forced into doing an income/expenditure there and then. Somehow they figured I could afford £7.99 a month . I couldn't, but felt really forced. I agreed. Since then I did a proper inc/exp for myself, and down to bear minimums for outgoings I'm still -£8.99 minus a month. I wrote a letter, which I sent recorded with an enclosed copy of my inc/exp saying I cannot afford the repayment agreed, and as of 5th Sept I will be making a £1 token payment, via postal order for the next 3 months (on 5th of every month), when I will review my financial situation (and could freeze interest). what I'd like to know is, was this right thing to do? What are the chances of them freezing my interest? They would have received my letter a long time before that payment was applied for. I'm worried they can keep applying for this amount. How can I stop them? What rights do I now have? Can they take me to court? I'm using my PPI for the Natwest loan. So that's covered. Any help appreciated.
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This is what I received back from cca the dca, I hope ive included what I should img003[22].pdf
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Hey Guys. I was called by a company called Cabot on 15/08/2017 re debt. They didn't go into detail as i was on holiday. I ended up coming back later than planned and ended up coming back on 28th. Since then we have had some family emergencies so was unable to deal with stuff. I called them yesterday and they said they where calling in regards to an Egg loan (which i dont remember). They said they couldn't discuss things as the case had gone through to their sister company a Solicitors firm called Mortimer Clarke. I called Mortimer Clarke today. They said they cannot deal with the case as it was being claimed through the courts. I asked for details re the loan. All they could provide was: 1. a date the original loan was taken out (Dec 2007), 2. The default date. 3. The last payment date. They cant tell me: A. how much the loan was for B. Probably not be able to get the original credit agreement. C. Statement on the account D. How much the last payment was E. How much the default amount was I said if i put in a CCA request formally then do they have to provide. She said they may not have it. Although she was hesitant and trying to avoid the topic of the Agreement. I got an email address to send the formal CCA to. They said a bulk court claim had been put in and they couldn't do anything with the claim now until i respond to paperwork. I haven't lived at the address they said the details where sent to for about 2 to 3 years so haven't received anything. The girl provided me with a number for the court but no name so asked me to call them for a copy of the paperwork. I asked to put the account on hold and explained the situation about traveling but they where not having any of it. What do i do? Please help!
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Barclaycard response below: I will only post the important bits We refer to your request for documentation under Section 78 of CCA 1974, we need to advise you that , regrettably, we are currently unable to fulfill your request. As such, we are not currently able to enforce our agreement with you and the agreement will remain unenforceable until such time as we are able to fulfill your request. what this means for you whilst discussions continue, we know that we're not able to enforce our agreement with you, but our rights continue to exist under the agreement. your balance is £3,731 and you will need to continue payments, blah blah blah. it is important to note that, where debt has accrued on your account, we will, where required, report to credit ref agencies, demand payment blah blah blah. they acknowledge delay in responding and accept that they are therefore prevented from enforcing our agreement they di however very kindly enclose a copy of short form cancellation and historic terms and conditions - why would I want those, lol next action - IGNORE and see this as a winner ??
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Hi we bought a 4500 corner sofa and 2 seater in March 2017, in Jun 2017 developed spotting, long story but they sent out a furniture specialist who did a report and indicated Manufacturing defect! We confirmed to Harveys that we would like a replacement or refund and the problem was there within 6 months, they stated they will send out a repair company for cosmetic repairs - we rejected this based on the " cosmetic repairs" which may not be permanent, they can not guarantee a permanent repair and they have confirmed there is a manufacturing defect. We have written to them rejecting the Sofa and asking for a refund and also a replacement from another brand of sofa manufacturer, they have not responded, the suite has been bought under a Consumer Credit Act agreement which is interest free, please can we be advised what action we can now take under both the CCA 1974 and under the Consumer goods Act 2015. Thank you
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