Hiya Guys I have a case with Lowell for just under 16 grand. The details of which are as follows 1. They placed a default on my credit file for this and then I didn't hear from them for 4 years 2. They then started sending letters to my mums (I live in Switz) 3. I sent them a CCA request from my Swiss address. 4. They finally responded to that request after over 6 weeks saying that Barlcays cannot find the account in their archive and they are putting my account on hold. They sent the reply letter to my Swiss address so they have finally got hat through their heads that I dont live in the UK. So I take that to mean there is no paperwork then. Can I based on that get them to remove the default then? Will they ever find the paperwork or is it gone? Why would they buy debts without paperwork? Cheers

Hi, This is my first post on here and I am hoping that somebody in the know will be able to offer some useful advice. To explain my situation: I currently have 2 credit cards with a total balance of £11500 (£7500 on one and £4000 on the other). These balances have been largely unchanged for approximately 5 years. The debt was actually incurred by an ex-partner of mine who was a named cardholder on my credit card account. Rather foolishly, and unbeknown to me, she racked up a large amount of debt prior to us separating but unfortunately, as the cards were in my name, I was left with the debt. I have worked very hard to maintain my monthly payments and have never actually missed a payment on any account however the balances have never really reduced due to interest applied. In all honesty I must be a perfect customer for the card company's! Large balances, no missed payments and big interest accrued monthly! I have now been fortunate to inherit some money that I would like to use to pay off my debts and become debt free completely. The amount of inheritance is approximately £5000. I have written to the card company's and requested a copy of the original CCA in the first instance. The first, Tesco Personal Finance, have sent a copy although I am not sure whether it is enforceable or not. The second, Halifax, have been unable to provide a CCA however claim that the debt is still enforceable. What I would like to do is offer them both a FULL AND FINAL SETTLEMENT in order to settle and close the accounts for good. Based on the fact that I have not missed any payments up to now what are your thoughts on this? Any advice would be appreciated greatly. With Halifax (who cannot provide a CCA) I was thinking of writing to them advising that I never agreed to the credit limit increases that they have continually applied firstly (albeit I did not decline them when they were applied) but more importantly that I did not agree to the intrest charges that they have continually applied and that, based on my repayments, my total balance should now be much lower than what they are claiming as such I will only offer a reduced F&F. Does this make sense? With Tesco it is a little more tricky as they do have a CCA so it is more a case of asking the question and hoping that an arrangement can be made. The truth is, without a F&F I am no longer going to be able to continue to pay the monthly payments that they require. My account will default and no doubt end up with a DCA and the whole matter will spiral out of control leaving an unpaid debt and me with a very bad credit record. I am not simply trying to avoid paying what I have spent. As already said; the debt was incurred in a quick space of time by a long-forgotten ex-partner. My error at the time but you think you can trust people right? Also, as already mentioned, I have paid the actually 'debt' many times over based on my minimum monthly payments. The outstanding balances are from the interest that has accrued over time. So the banks have had A LOT MORE than what was ever spent on my account by my ex-partner. I am just asking for a little lee-way and relied in order to bring the accounts to a close based on my F&F offers. Sorry for the long-winded story here but I wanted to be as detailed as possible. Any help, advice, assistance would be greatly appreciated. Many thanks Lee

Hi all, I have been look around taking in all the information, but I could really do with some help/advise. I am currently on a DMP with step change (4-5 years). CCCS now StepChange have & were life savers, but I now feel advice contradict what I have read on theses and other forums I send off CCA request letters to some of my creditors. Long story short Capquest 1st reply stated they were waiting for HSBC, 2nd letter stated that HSBC could not provide CCA paperwork therefore the debt was unenforceable, but I was expected to continue to pay. 12+2+30 days has now pasted. I contacted StepChange as I do want my DMP payment to go towards this debt. StepChange said this was not possible and that I have to contact HSBC myself the gain clarification.. .They would not remove this debt from DMP either. the CapQuest debt is 9k outstanding already paid 4k, all other debt amount to roughly 3k. The debt is also so old if does not show on credit report. What should I do? - End DMP /stop payments to Capquest - Go it alone - Contact other creditors and pay direct (some are at f&f offer stage) Any help pointers would be great Many thanks Also forgot to ask , can I just ignore CapQuest now or is it good practice to send the failed CCA letter???

Multiple agreements within section 18 consumer credit Act 1974 This is just a view and interpretation of s18 CCA and therefore we would advise anyone reading this bear that in mind Section 18 can be very useful concerning agreements where there is a main loan and payment protection insurance. Firstly lets look at what section 18 says 18.Multiple agreements. —(1) This section applies to an agreement (a “multiple agreement ”) if its terms are such as— (a)To place a part of it within one category of agreement mentioned in this Act, and another part of it within a different category of agreement so mentioned, or within a category of agreement not so mentioned, or (b)To place it, or a part of it, within two or more categories of agreement so mentioned. (2) Where a part of an agreement falls within subsection (1), that part shall be treated for the purposes of this Act as a separate agreement. Ok so what does this mean, well, lets say you borrow £6000 from Nasty Banking Corp, the loan is for you to use as you like and therefore you would have fixed sum credit See s10 (1)(B) CCA, unrestricted use credit See s11 (2) CCA and finally it would be a debtor-creditor agreement as defined within s13 CCA Now if you add PPI to the loan, this changes things slightly, why? If you borrow £6000 from Nasty Banking Corp and then you add a PPI policy for example adding another £1500 of credit you are turning it into a multiple agreement The PPI is fixed sum credit as set out in section 10 CCA but it is not unrestricted use, instead its restricted use credit ( See s11 CCA) as you do not have any say over its use, it is in effect only credit for the purchase of the PPI policy and additionally it is a debtor-creditor-supplier agreement as it would be undoubtedly underwritten by another specialist insurer and not the creditor and therefore it falls within the definition given in section 12 CCA So in effect what we have with the £6000 loan and the £1500 PPI is a multiple agreement with “part of it within one category of agreement mentioned in this Act, and another part of it within a different category of agreement so mentioned, or within a category of agreement not so mentioned” This is because the £6000 is fixed sum, unrestricted use debtor creditor and the £1500 is fixed sum, restricted use Debtor-creditor-supplier Therefore since this type of agreement falls within s18, it means that as defined in s18 (2) CCA that the document is to be treated as 2 separate agreements and each agreement must have its own prescribed terms for each part Therefore each piece of credit must have its own term stating the amount of credit, repayments and all other statutory info, in addition the PPI policy would need to have a term stating the Cash Price of the policy, due to it being a restricted use debtor creditor supplier agreement. In essence there should be the following Loan Amount of Credit £6000 Repayments 60 payments of £XXXXXX Total amount payable £XXXXXXXX APR 16.9% PPI Amount of credit £1500 Repayments 60 payments of £XXXXXXX Total amount payable £ XXXXXXXXX Apr 16.9% Cash price of policy £1500 the agreement may not be set out exactly as above but that is to give you an idea of what it must contain If the agreement fails to correctly set matters out in accordance with s18 then the lender risks falling foul of the form and content requirements of section 60 CCA and could be improperly executed as set out within section 61(1) (a) CCA 1974 thus becoming unenforceable the main thing to remember is that you have two agreement within one document, so there must be a set of prescribed terms for each piece of credit, it is permissible to add the prescribed terms together and then state them as total amounts BUT they must be also stated in their separate parts. Multiple agreements falling within section 18 CCA 1974.pdf Before Printing the PDF TIP If you DO NOT wish to print Page 1 (Cover Page) of the PDF, please ensure to do the following: Ensure you go to your Printer Settings and set it to 'Print from Page 2' (this way Page 1 (Cover Page) should not print out). Note: This will save you Ink & Paper

Hi, I would greatly appreciate help with a defence. Below is a summary of what has transpired: Contacted by solicitor about an old, pre 2007 debt with Ambrose Wilson. This debt is believed to be possibly not legitimate or alternatively possibly Statue Barred. However, to be 100% sure, CCA request sent and proof of delivery of letter obtained. No response to CCA request at all, not even an acknowledgement. Further request for payment / threats of court received whilst I was out of the country. Received court papers from court, again, whilst I was out of the country. Acknowledged with intention to defend. My current thinking is that the fact that the CCA request has not been complied with makes it impossible to submit a full defence, which would likely be a Statue Barred defence. Also, as I have no response to the CCA request, the alleged debt is not enforceable. Does this sound sensible? Help with defence and wording would be greatly received - I need to submit by the 16th. I've done lots of reading but this is the first time I've actually defended a claim! Thanks! Kind regards rune

I previously requested CCA details recently and received a reply advising that due to high volumes of requests that they would respond as soon as possible. 12+ days have now surpassed - do I chase again giving them another 12 days to respond or is there another letter that I send regarding failure to respond ? Cheers

I recently sent off a request for CCA to a debt collector in relation to a credit card debt they had bought and alledged I owed. Have now received a copy of what appears to be a CCA of some form back, I noticed were it says signed on behalf of ".... bank plc" and date of signature are both blank and has not been signed by the creditor, is this enforecable ? Thank You

i have received a letter through the door indicating i am about to be issued with a stat demand on behalf of a company called P&A receivables plc. it reads 'i have been directed to serve you with a statutory demand issued under the insolvency act 1986 on behalf of the creditor. unfortunately on the letter it does not give any further details. all they say is they will be returning on a date and a time to either issue the demand or post it through the letter box!!! what should i do???

Today I received another letter from Iqor regarding a sainsburys visa card I do not and have never held. Supposedly issued by Bank of Scotland, contact was made with the bank in writing complaining about wrong info given to Iqor. Bank admitted they had made a mistake and Iqor were told of the error and would not contact me again. Bank also paid compensation for the error. Seems Iqor are totally stupid, can't read or understand instructions from clients as they are still contacting me. Very stern letter now en-route to Iqor and copy to Trading standards and FOS. Any further advice I can follow, Your comments would be appreciated.

I recently sent CCA requests to Barclaycard for the two cards i have with them and have received replies to both requests. I not sure however how to interpret them and how to proceed. A little background might help to explain the situation. The two accounts are positively ancient. I'm not sure when i got the Mastercard account, i think it was a few years after the Visa account, but when exactly i don't know. I know when i opened the Visa though. It was opened when i went to university, in 1984. I've been making reduced payments to Barclaycard for about 4 1/2 years under what i assume is an arrangement to pay. But i don't know as Barclaycard have not been reporting the accounts to any of the CRAs. Its odd, but i've checked all 3 and they're not on any report. So i'm unsure what to do. Do i leave things alone knowing that its not going to effect my credit rating or do i make a claim of unenforceable debts? Any insight or advice would be most welcome.

Couldn't think where else to pose the question Any suggestions which body within England and Wales prosecutes s.50 offences and does anyone have access to any reported cases? Relevant section at the following link http://www.legislation.gov.uk/ukpga/1974/39/section/50

Brief summary/history Other half's card. Commenced 1998, defaulted 2006 with interest frozen from that date. Default card balance was £6,500 - progressively paid/reduced to just under £5,000. PPI claim made October 2012 - initially refused but upheld by the FOS on adjudication. March 2014 NatWest credited £4,664 to the card, leaving a balance of £323. By my own (spreadsheet) calculations the payment should have been some £1450 more than they paid. Their payment was arrived at as follows: Refund of payment made 1998 to 2006 £2334.14 Compound interest based on rates charged £ 712.36 Sub total £3056.50 Gross interest at 8% £2010.43 Less income tax at 20% £ 402.09 Net interest £1608.34 Net offer £4664.84 It is their compound interest figure that I cannot agree with. During the 8 year life of the card, monthly interest rates varied between 1.385% and 1.620%. The average card balance was about £3200. My calculations show the compound interest figure to be about £2077 rather than their figure of £712. This would also increase the 8% gross interest amount due by about £1000. I reckon we want about another £2500 from them (before tax) I have written to them several times asking for a breakdown of their compound interest figure and have been stonewalled each time. They say they cannot provide these (complicated) calculations but that they are in line with the FOS and FCA guidelines. Their last reply even went so far as to 'explain' to me how compound interest works. I can scarcely believe the content of it. Here is the relevant paragraph from their letter: As a basic look at the compound interest aspect, if you compared the monthly balance of the credit card with and without PPI and the difference was £20, then the interest element would be determined from this figure. If the monthly interest rate was 1% and 12% per annum, this would mean that the starting figure for the compound interest is 20p (1% of £20.00) if your card then ran for 5 years, the compound interest on this PPI premium would accumulate as follows, year 1 = 22p, year 2 = 25p, year 3 = 28p, year 4 = 31p, year 5 = 35p. Therefore the total amount difference in balance of £20.00 in this example would be 35p. So, this 'expert' from RBS thinks the compound interest would be 35p. Well, I calculate it to be £16.33. She seems to have worked it out at 1% per annum rather than 1% per month. (I am not a mathematician so if I have got this completely wrong and she is right, please, someone, tell me I am making a numpty of myself). So, ladies and gentlemen of CAG, where do I go next with this shower? Suggestions and comments most welcome, thanks.

Brief description, £11,343 - Egg Loan (original loan was £15k), Aktiv Kapital (UK) Ltd (Not showing on my credit report) - when was you last payment? Through dmp once every month So they have sent refusal letter and a response to a CCA request. whilst awaiting the cca, collection has been removed AK 75% discount offer letter

I recently wrote to Lowells sending a CCA request following notification that they had purchased several catalogue debts from 'Shop Direct' which I had to stop paying a few months ago. The debts to each catalogue are of varying amounts from about £1500 to about £3,000 from memory. They have responded today saying that they have requested a copy of the original agreement but had sent me a letter of assignment which they claim fulfils their legal obligations. I would like to ask whether they are legally obliged to send me the original credit agreement and what further action they can take .I own my own home.

Hello all, I would appreciate any advice on this. We had a loan with black horse taken back in 2008, due to financial difficulties we stopped paying our agreed monthly payment and went for reduced payment plan initially with BlackHorse. After about 12 months the debt has been assigned to Ascent whom we were paying the same amount agreed with BlackHorse. Couple of weeks ago we have received letter from Hilsden Securities trading as DLC informing us that BlackHorse has sold debt to them and they are now our data controller. However the amount Hilsden claim we owe is incorrect. How should we play this? When account was still with Ascent we have made CCA request and SAR request to Blackhorse. Sar is dated 17th of June with all payments that have been made up to that date. We also can prove payments made after that date. What should we do? All help is greatly appreciated as always.

Hi All I would be grateful for some advice as to how best to proceed , i will try and make a long story short i got into a mess in 2006 joined a CCCS DMP and paid the majority of my debts off, tbh by 2011 I was exhausted by 5 years of living on the bread line, most of my debts were paid off and there were a couple left with amounts owing which were typically made up of PPI and charges (no i didn't pursue a claim) i gave up and nothing really happened apart from the odd threat o'gram. Stupid I know I have been receiving the odd letter from capquest and ignored them . today i got a ccj claim form for £9000. This i think relates to a RBS credit card debt . the card was taken out in 1995 at the date i started the DMP i owed £12k, this escalated to £16k as they applied charges, interest and PPI charges for 4 years from the start of the DMP, RBS only issued a default in 2010. in total i paid £9K towards the debt and stopped paying in April 2011 so at best i owe them £3k but i do really want to dispute it on these grounds 1) they continued to add charges and interest even though they knew i was on and had accepted my DMP thus escalating the debt and the amount showing does not reflect what was actually owed 2) the issue of the original default does not reflect the date when i informed them of my financial difficulties and they accepted the DMP 3) Capquest are contesting under the name Lloyds banking group and I have not had any correspondence with or acknowledged any debt my questions are 1) how do i dispute this 2) do i have any grounds at all or am i whistling in the wind 3) should i try and negotiate with capquest say offer them 2.5 K for what i think is outstanding - but i would need to pay over a year i really dont want a CCJ as it could affect my future employment prospects any help would be gratefully received

Hi trying to deal with getting a default removed . I sent a letter to Scottish Power after weeks of corresponding they sent me a template letter, unsigned with the incorrect spelling of my name on. I am then able to request the default to be removed? If so, is there a template letter which I can send back to them to get them to make it so? Thanks all - this is a great forum btw! James

Hi, am new to forum and could do with some help. I sent a cca request to a dca that was chasing an old debt after a few weeks they replied saying they couldnt provide the docs requested and as such would not ativley look to pursue this debt, after which I stopped payments on my debt plan. On checking my credit file a couple of months later it seems they have registered me as missing 2 payments, can they do this and then issue a new default? I beleive a default was registered against the old debt which is now coming up for 6 years so I dont want another one. Is there anyhing I can do? Any advice would be much appreciated.

Following a long hard battle with NRAM they have finally admitted that my claim from recompense due to their error regards the CCA is correct HOWEVER I was made bankrupt in 2012, I was discharged a year later. NRAM have sent me a letter stating that customers who are bankrupt or in an IVA will not receive remediation.. Is this correct? They state that remediation would be an asset in the bankruptcy. The fact of the matter is that during the period in which they cocked up I was paying off my loan etc ( I was not bankrupt at this time!) I am discharged They state there is no monies owing because of this Advice greatly received Thanks

Hi, just a quick question. Sent off a cca request to Robinsonway who are acting for santander. They've sent a statement of the account from 2008 and a reconstituted agreement with no signature. Just wanted to check this was valid as seem to remember that they could do this if taken out after 2006 Thanks Lucy

I would like to begin by thanking in advance anyone who takes the time to offer any advice. I was recently made redundant, and after a couple of months still have not secured a postion. I have around £5K in savings which will last a few months. I have a motgage with santander of £253k and unsecured debts of £45k I did have a job, and was about to remortgage and repayed everything over 15 yeas, even had a mortgage offer from natwest on the table. My question is whether it is worth doing a cca on the unsecured credit card debts...if im honest I'm not 100% sure what the rules are with them.... I figure this will make the £5k go further. also is there any advice on mortgage deferral...and is it worth doing? kind regards

Hello I am currently disputing a default that has been placed onto my account which is a long story to which i do not deny the debt but at odds to whether the debt is legally enforceable- (The debt is paid so im not trying to not pay) So i sent this to the company and this is the response, Is the response correct? Letter I sent: I refer to my email dated 17th May 2015 in which you replied on 26th May 2015, You have also responded on the 7th July 2015 to which you state you are still awaiting documents from the original creditor in which you have already had 54 days to provide me with these documents You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account. In my email on 17th May I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time {debt agency name} purchased this account, along with any other documents mentioned in the credit agreement. You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974. The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on 30th May 2015 and 27th June 2015 respectively. As you are no doubt aware, Section 78(6) states: If the creditor under an agreement fails to comply with subsection (1) - (a) He is not entitled, while the default continues, to enforce the agreement; and (b) If the default continues for one month he commits an offence. Therefore on 27th June 2015 this account became unenforceable as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, i do not acknowledge any debt to Aktiv Kapital I require the following action from lloyds 1. Removal of all defaults entered by lloyds Note this is to be a complete deletion and not merely an amendment. OR 2. Proof that i received the default notice to which that i strongly deny receiving at any point in this process. If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force lloyds or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP. I look forward to your reply within 14 days to resolve the matter amicably. The response Good Afternoon, Thank you for your recent email. You have stated that we must supply documentation within 12 working days; on this topic you have been misinformed as this is no longer a legal requirement. Section 78 of the Consumer Credit Act obligates us to provide you with documents relating to your account; however it does not legally force us to provide you with these documents within an allotted period of time. When the Consumer Credit Act was written in 1974, 12 days were given to the creditor to supply documents; if they failed to do this it was treated as a criminal offence. However, in 2006 this addendum of the Consumer Credit Act was amended. This change was largely made because we, as a third party purchaser, must wait on original creditors to supply documents. Now we do not have an allotted period of time to supply docs to our customers. The only thing that we cannot do is legally enforce your account until we have supplied these documents. On the topic of documents you have requested, I have attached a copy of your Credit Agreement. You have also stated you would like a copy of the Deed of Assignment. This is another request you have made that we have no legal obligation to provide you with. In order for any assignment to be binding in both equity and law, S.136 of the Law of Property Act 1925 prescribes that the notice of any assignment must be given to any party affected by it. The Deed of Assignment is a contract between ourselves and your original creditor (Lloyds) that bears no names of individual debtors (such as yourself); this is a private contract between two businesses. You have also requested that all the money you have paid is refunded to you. As you made these payments towards a legitimately Defaulted account, this has substantiated your liability for the debt. Without documentation, the debt is not enforceable in a court of law, but it can still be collected. On this basis, we will not be refunding the money paid towards this debt. In terms of your Default Notice, Lloyds have advised us that this was issued to you on 16th May 2011; this is all the information we are obligated to supply to you. As you never previously raised a dispute regarding the registration of the Default against you, we now consider this matter closed. The Default will remain on your Credit File until 2017. We have now ended our investigation into your dispute.

Hi all, I made a big mistake and took out a Ladder Loans loan for £400. Two days later I awoke in a sweat and knew I needed to make good this awful error. I telephoned them and notified them of my intention to cancel under the CCA 1974. I paid the balance of £401.61 and asked them if it would be registered to the CRAs. They said it would, which I found hard to swallow. I have cancelled the credit agreement in the cooling-off period and believe they cannot record the loan with the CRAs. Am I right in thinking this? Also, they have emailed me confirming settlement of the loan, not cancellation of the credit agreement. Are they trying to pull a fast one here? Any help is gratefully received. Thanks.

Hi I've received a county court claim form from Marlin Europe II LImited Via Mortimer Clarke Solicitors It states By an agreement between Lloyds Tsb ("LTSB") & the defendant on or around 01/07/1994 ("The agreement") LTSB agreed to issue the Defendant with a credit card upon the terms & conditions set out therein. In Breach of the agreement the defendant failed to make the minimum payments due & the agreement was terminated. The agreement was assigned to the claimant on 28/11/2013. The claimant therefore claims 1: 13238.23 2. Interest pursuant to section 69 of the County Courts Act 1984, namely 2947.92 & continuing until judgement or sooner payment at the rate of 2.90 PLEASE HELP --------------------------------

Hi, Around 4 Months ago I sent a CCA request off to First Credit after they contacted me with regards to a HSBC CC I used to have. today I receive through the post what they claim to be a True Copy of the credit agreement but all they have sent is an application form with just my name and current address on it in somebody else handwriting and a photocopy of a booklet with the terms and conditions on it which is so poor quality it is unreadable. As far as I understand this is not compliant am I correct in that understanding, if so what do I reply back with please? The card is pre-2007 if that makes any difference. Thanks.