Hi All, Cabot Group £231.13 Default date 15.1.15 OC Fashion World I received a so called reconstituted agreement from them, along with a letter saying they now consider the agreement enforceable. It looks like something a 10 year old could knock together on Word, but I was hoping someone who knows better than me could tell me if it's enforceable. Neither the agreement or the terms & conditions are dated, if that makes a difference. They also sent a statement of charges. About £30 of that £231 are interest charges ! Should I just sit tight and wait for a claim form or is there anything else I should be doing here. I have attached the documents, Thanks in advance cabotcca.pdf cabotccatc.pdf

Further to a cca request to Lowell, see my other post (do not know how to link posts) I have received the following: Dear Mr ******* your request for further information we refer to your recent request for further information regarding this account further to our letter dated 20th October 2017, please fine enclosed your returned fee of £1 in regards to your request for information under the consumer credit act 1974. at top of letter - its shows OC which was M&S store card it quotes the original account number and Lowell reference number and a BALANCE of £0 (was around 3K) I have no other letter, so not sure what they are referring to when they say 'further to our letter dated 20th Oct" It looks like a winner to me but shall i contact to see if there is another letter that i have not received, am thinking they may have sold it and that is why they show 0 balance thanks

I had a loan with Blemain about five years ago. The loan was secured against my property. After two years I remortgaged and repaid the loan. I have checked the paperwork recently and noticed that I was charged £4,681 for collection costs. I have now written twice to Blemain asking for a detailed breakdown of these costs. The reply I had today said, the costs were "as a result of administrative costs applied to the account". I know that! They don't seem to want to give the details of the charges. I don't know what to do now. Shall I write again or what? Please can anyone help me.

Hi everyone, as suggested I am posting each of my debts separately so I sent a CCA letter to Allied International Credit regarding my Egg credit card (now Barclaycard), I should have received an answer by 22nd July '14 but have today received a letter on Barclaycard headed paper saying they have enclosed a "reconstituted copy of your agreement". it is saying that they are "currently unable to provide a copy of the terms of your credit agreement" and go on to say "they are therefore prevented from enforcing our agreement with you". However they also say "we can and will continue to take any action short of enforcement, which includes reporting to credit reference agencies without telling them that the agreement is currently unenforceable, demanding payment from you". They refer me to a case of Philip McGuffick v The Royal Bank of Scotland (2009) EWHC 2386 in which it was held that none of these steps constituted "enforcement" for this purpose. What do I do now, is there another letter that I should send in response? What they have sent me is just a printed copy of a credit agreement which anyone could print off, no signatures. I would be grateful of any advice on this guys, I have other debts that I have sent CCA's to, should I have sent a different letter asking for original signed copies?

I've recently entered into a DMP through payplan and have had no direct contact with my creditors. My offer was accepted but then sold onto Link Financial. If I believe the debt is unenforceable what steps do I need to take to prove this? Thanks, Trev

I recently put in a CCA request to Santander for an old GE Capital loan that they took over. The loan was taken out in Oct 2008, defaulted a few years later and I have been making reduced repayments of £62 pcm for the last 6 years. My circumstance have now changed and can no longer afford that. Santander returned the attached signed agreement. Please can you check if it is a valid/enforceable agreement. They also sent a signed direct debit form and application data summary sheet with it. If enforceable, will I therefore need to renegotiate reduced payment with Santander to avoid a CCJ. Thanks in advance for any help!

Hi I have recently sent a CCA request to Capital One for a credit card. I have been paying until recently on a DMP via Payplan. I have stopped making these payments and have recently received the documentation back from Cap One stating that the agreement that they have is enforceable. I have scanned what they have sent, the copies are not great but the originals are legible. I would appreciate any assistance in establishing whether it is enforceable and if so what are my options. Thanks CAP1 CCA Retiurn.pdf

Created a new thread for all correspondence I receive from Capquest and any questions relating to it that I can't find answers for. I hope this is OK. I sent Capquest a CCA request on 20th July via recorded delivery. They received it on 21st July. My understanding is they then have 12 working days to provide the CCA (+2 two days for delivery). with that in mind, unless they provide that CCA the account would be in dispute on 10th Aug, yes or no? I received a letter Friday 4th Aug dated 3rd Aug saying they have forwarded my request to Vanquis and will send it to me as soon as they have it. I also received a letter today, dated 4th Aug saying I've recently raised a query on my account, and they've placed my account on hold for 28 days and have contacted Vanquis for further information. If they haven't had a response by 31 Aug they'll write to me again with an update. at what point is the matter in dispute/default/unenforceable? Does it matter that they write and say they're still looking for it? Or do they literally have 12+2 days to provide me the CCA and if they don't (regardless of them writing to say they are still waiting for Vanquis) the account is in dispute/default/unenforceable? Many thanks.

Hi am trying to help some elderly friends with their debt problems they have a Amex account and they have been paying £1 a month for quite a few years They want to try and offer a full and final settlement but it would be very low - do AMEX do full & final? Have said that first they should get CCA which they have now done - have attached (hopefully) the priority application form for the blue card and original conditions - both are difficult to read - quite faint The application form refers to PPI terms and conditions shown in enclosed leaflet plus balance transfer details on reverse of leaflet but no leaflet provided only one page of conditions which does not as far as I can see mention PPI or balance transfers AMEX have also sent terms and conditions applicable at point of cancellation but as I have never had much success at doing attachments just thought I would do 2 pages and see how it goes Any help would be great Thanks am (2 files merged).pdf

Well into first first few weeks of not paying my 4 lenders. Couple of sent dd forms bin. MBNA phones me and asked me to ring them deleted. Awaiting for official letter in response to my hardship letter no payment till December for a DMP to kick in. all debts are newer then 2007 except the MBNA as suggested I will wait the others to go to DCA before using any other CCA requests. using the template for MBNA is the address the one to use for sending this letter off to. The MBNA account was open 2006 and ive also read that most MBNA accounts pre 2007 are pretty much unenforceable. I owse 42k, MBNA is 6k. Be a small win in a big pool but a starts a start eh. Customer Advocates Office MBNA Limited Chester Business Park Wrexham Road Chester CH4 9FB Thanks Russ

Hi all, I was wondering if anyone could advise me. A few weeks back I requested from Natwest the CCA for a credit card issued in 2006, they duly obliged with the following response. “Your Written request for information was made under sector 78(1) of the consumer credit act (CCA) we are obliged to provide you with a “true” copy of the credit agreement and a statement of financial information relating to the account namely, the state of the account , amount currently due with amounts and due dates of future payments that are still required to be made. In terms of CCA copy document regulation the “true” copy requirement can be satisfied by providing a copy agreement at the date the card agreement was made and providing a copy of the current terms of the card agreement” Is the above correct? The cca agreement is a copy of my application form with a reference that the credit limit would be set at a later date, it contains payment terms, it does seem to contain “T&C” for which it seems genuine It does however contain only my signature but not the bank’s responsible person? Does the above sound as if it is a genuine CCA copy or they just sent an application form type of agreement? If someone could advise. Thanks

Dear All First of all, thank God for Forums like this and people who care enought to devote precious time to assist others in debt. A Debt collection firm, issued a claim, the progress of which was halted by a CCA request. It has finally come back, after a year following request, with what appears to be a copy of a signed agreement and t&cs and statement of account. Amount seeking is over £3,150. Can't claim time barred, owing to previous payments. They say they can proceed to seeking judgment unless payment arrangement is set up. They trade under three very very similar names. The claim was issued under a name the authorisation of which by the Regulator has now lapsed. Should I give in and set up arrangement? Can I apply to dismiss their claim? Should I request copy & details of assignment or ownership of the debt? Can they come back and reissue a claim under one of their authorised names? Please tell me what option I have. Very grateful

Hi everyone, I have been struggling with debt since I was 18, I am now 36! This all started when I wanted my first debit card from Barclays. They said no, but instead offered me a credit card to 'build up my score' so they could then give me a debit card. Absolutely true! Long story short, I took the credit card and things quickly got out of hand. A few years later I was offered both a debit card and an £11000 loan to 'consolidate' the debts I had accumulated by Lloyds... A few cards, loans and 15 years later I still have around £8000 outstanding. I have not taken out any new credit for a long time, these are all old debts. I have been trying really hard to pay it all off with Payplan for at least 8 years now, and have paid off around £10000, but I am still a long way from the finish line. I recently took a settlement from Clarity of £500 on a £2000 debt which I was very happy with, though still have £600 in overdraft debt, £2000 on a CitiCard and £5000 on a Lloyds loan outstanding. All of them have been sold on to other companies and were defaulted a long time ago. The £600 and £2000 are both owned by Cabot, and the £5000 by PRA Group. I believe that both of the larger outstanding sums predate 2007 by some margin. Over the past few years I have offered on multiple occasions all of these companies settlements, ever increasing, with the most recent being £2600 to PRA and similar percentages to the others. ALL of these companies have declined EVERY offer I've ever made, and I don't understand why. I'm trying my best, they've already had thousands out of me, and nothing I can offer is ever good enough. I read about discounted settlements other people are getting all the time, but no-one will offer me one. They've never sent me any letters offering a discount. It's like they want to draw this out forever and I'm at the end of my tether with it all! today I sent a CCA request to both Cabot and PRA on the £2000 and £5000 accounts, since I believe they were both taken out some time before 2007. The £600 account was an overdraft, and may have been within the last 10 years. As it's not too big, I'm hoping I can get somewhere with the bigger balances then settle the overdraft at whatever they're asking for. I'm posting now as there are so many threads with different things happening after the CCA response is received. I really have no idea what to do next, so when (if) I get a response I would like to post back here with copies of the letters and hopefully someone can help me? Of course I'm hoping that these CCA'd debts are unenforceable, and if that turns out to be the case I do still want to pay the accounts off by way of settlement and will need some help to do that too. I want to do that for my own peace of mind, and I know some people just ignore them once they know they're unenforceable, but personally I would like to clear them off even if it's for just 10% of the remaining balance. I want them gone. Any advice in the meantime whilst I'm waiting for replies would be most welcome. On a separate note I registered for both of the CRA's I saw mentioned here, Noddle and ClearScore, but neither of them were able to provide me a report. Both said insufficient data or words to that effect. I am registered on the Electoral Roll, have a mobile phone on contract, and pay most of my bills by DD. Any guesses? Thanks all, KX3

Hi all, I have been on a DMP for a few years, and I have requested a CCA (using the official format and the 1£ fee which was duly sent). The Debt is for an old credit card which I had with Natwest. Moving forward I have been on a DMP for 7 years, currently the debt is managed by Wescot. According to the Debtor I owe about 1.3K on it, however I thought it was lower. Anyhow, I have requested for a CCA and received the following reply: "following your recent request for a copy of the signed agreement, our client has requested you write to the following address and state in your covering letter that this is a section 77/78 request and enclose a postal order or cheque payable to our client CCA requests Card customer services xxxx xxxx There is currently a monthly payment arrangement set on this account ************************************************ Now I am confused! I thought whoever managed my account is lawfully required to send the CCA and so on? I am planning to stop the DMP and I was wondering what the consequences of it would be? Can they put a "mark" on my credit score? ((the account was opened in 2003)...should I send the follow up letter reminding them of their duties and so on? Advice welcome. (PS the reason I asked for the CCA was to ask for a full and final offer etc, but that reply got me slightly annoyed!)

Hi all - this is a split off from a more general thread where following your Cash Cow advice I have sent off many CCA's This is a Natwest CC taken out in Mid 2004 - Balance around £2300 Currently paying £1 PCM Direct - Account in Default since 2010 The application was made online They have sent me 1) a covering letter telling me they can send me a copy agreement and "current" terms. 2) A current leaflet with the General Conditions 3) A letter regarding a replacement Credit card with no date 4) A signed credit agreement A6 size no mention of limits or APR's 5) A letter with a copy of the agreement with APR's on an Credit limit 6) A photocopy of some more terms with some minor variations in the Advances APR's 7) A copy of a current statement. I have no idea what most of this means and your guidance as to the next steps would be greatly appreciated.

I have a cc claim form dated the 27th Oct for a cc debt that is being pursued by Lowell. About 18 months ago I requested a consumer credit request, sent it off recorded delivery but did not receive any further response to this other that the usual demand payments. Fast forward to now and i'm wondering what to do about the cc form? Although I've kept all my letters I can't find the receipt from the post office for the recorded delivery and the £1 postal order as proof that i sent it and they never acknowledged it… Am I toast? Thanks in advance PB

Hi all - this is a split off from a more general thread where following your Cash Cow advice I have sent off many CCA's This is a RBS CC taken out in early 2005 - Balance around £700 Currently paying £1 to Moorcroft They acknowledge receipt of CCA but request "in line of their clients procedures" a hand signed request... they returned the old one for a signature.. The also ask the the PO gets made out to the client ( atm it just says xxx) On hold 30 days blah blah I gather this is all rubbish so what is my next move? Thanks again

Hi, I am looking for some advice/opinions... In January 2011 I purchased a car with finance provided by creation. The price of the car was £2995, I paid a cash deposit of £800. I was made aware of charges/fees totalling £450 (ish), which would be added to the finance agreement. All was going fine until around 6 months ago, when a change of bank account led me to registering for online account management (so that I could arrange continuing payments). The amount outstanding didn't appear to be correct so I contacted the company and requested all of the relevant figures. It turned out that the set-up/admin fees had been added twice, the representative I spoke to said that the dealer was wrong to add these fees at the point of sale as they are always added afterwards. A rather in-depth conversation led to me being informed that creation don't actually hold any physical paperwork, and that they would be unable to amend the loan amount without notification from the dealer. After some detective work I managed to locate the dealer (who had now leased his forecourt to someone else, but I found him in the end!). I explained the situation, and asked for a copy of our original sales document. A week of telephone calls and me harrassing him brought no joy. He told me that all of his paperwork was in storage and that he'd been unable to locate the document. Well, of course he couldn't find it - it would prove that he had actually received £450 more than he should have from creation, which they would obviously want back! For me, the actual cost of the £450 would be much greater due to the associated interest. Fortunately, I did find my copy of the sales document, and emailed creation again, informing them that I had a physical, SIGNED document showing the correct amount. I explained that I would be happy to send them a COPY, not the original - this was all the proof I had, it wasn't going to be lost in the post! They did not reply. On to the more pressing concern now... during all of this I noticed that creation had the wrong registration number for the vehicle. I informed them of this, without giving them the correct number. Again, they were unable to amend the details without verification from the dealer. I sent a final email informing them that this needed to be corrected (as did the loan amount) as I was hoping to sell the vehicle, with their permission of course. I was hoping that this would set alarm bells ringing for them - the vehicle did technically belong to them. No joy. after a couple more months, it became apparent that the car was going to need a lot of money spent on it - which I didn't have. I did a hpi check and, surprise, it showed no outstanding finance. So I traded it for another car at a local dealership. I now find myself in no position to continue with repayments - I am just setting up a debt managemnt plan, and have just been visited by bailiffs and had to agree a repayment plan with them (which I can't afford, but will have to find if I want to keep my possessions obviously!). I am in this position through my own actions - I was earning a good salary until a year ago but had to give up the job. This really is no-one's fault but my own. My question is this - what can creation do to me? I no longer have the car so they can't repossess it. Actually, I NEVER had the car with the registration number they hold, although the make and model are correct. I am willing to come to some arrangement with them if they will accept a much reduced payment, my concern is that they won't accept it and I have sold a car which didn't belong to me . But then, it didn't belong to them either maybe? I know I shouldn't have sold the car, but in my defence I did inform them of the mistakes with the agreement. The only document I have ever signed is the original purchase order with the dealer (which he can't find). Any ideas?! Thank you.

Hello all, I was hoping someone here can help me regarding this issue. I took out a loan in 2011 with a Credit Union in Scotland. They have defaulted my credit file with the wrong info, including amount, default date and address. I've had both the ICO and FOS involved in this matter and am now tearing my hair out to get it resolved. A high level timeline of events: In August, I contacted the CU about the default and they gave no indication that this would happen. It was also not reported for 4 years after the fact. In September, I paid outstanding amount. They told me the default would be settled and closed. In October, wrote a letter and called the CU several times. They told me it would be marked as settled by November over the phone, no formal response. In November took to the FOS, couldn't do anything without a final response letter, until 8 weeks had past, and my letter was ignored by the CU. In December contacted the FOS and they sent a letter to the CU. In Jan, followed up with the FOS. Their letter had been ignored. They called called the CU. In Feb, they finally respond to the FOS stating the default was sorted and the FOS sided with them. I responded with a copy of my credit file and told them this was not the case (felt bad for the Girl totally deconstructed her email with DPA legislation etc, she clearly was worried in her response to me). The FOS, as part of the closure, say the default was fair to be recorded after 4 years.. .. guidance from the ICO states 3 - 6 months. I also complained to the ICO. However, the FOS reopened the case because the CU hadn't sorted the default. In March / Apr, Information gathering by myself, the FOS and Experian. In late April, FOS sides with me and awards compensation. ICO finally assign a case advisor. In May, wait two weeks for the response, then the CU say not happy with that, escalate within the FOS and I need to wait for an Ombudsman to be assigned.. .. as it was an investigator who made this decision. Today, ICO respond saying that they can't uphold the complaint as they deal with the org and not the individual, but are willing to be communicated further information. Email in progress.... but they also notify me that CU's aren't regulated under the CCA. So my questions really is... the distress this has caused has been over 9 months. I can't get a new car (which I could lose my job over), I need to sort out the Mortgage for my current residence (which means I could lose my home) and in all honesty I've spent hours on this. What can I do? The FOS is saying it now may take the ombudsman a while to respond. Bringing this whole incident to 10, possibly 11 months. The other thing I'm unsure of is if the CU isn't regulated by the CCA, what can actually be done? How can this be fair processing of consumer data? Thanks in advance and sorry for the long post!

Hi, I have a debt for £3,565.00 from a catalogue. On October 2015 I sent Moorcroft a CCA request. They wrote back saying collection activity has been put on hold and they will not seek to enforce payment of this debt until the documentation has been supplied. It went quiet for a while then I received a few random and occasional letters from the catalogue company themselves then I received a letter in December 2016 saying the debt had been sold to Cabot who have sent a few letters. Ive now received a solicitors letter from Mortimer Clarke saying if I don't pay within 14 days from 24/4/ they will start court proceedings. Should I just send them a copy of the letter Moorcroft sent me saying I'm still waiting on the CCA request? Thanks, Puddleboots

Hi guys, hoping someone can assist with the latest letter received from DLC... Below is a long-winded background to the simple question - "What do I do next?" I wrote on the 27th July 2016 requesting my CCA: Template removed - read our rules dx And received a statutory response on the 9th August 2016 stating DLC had requested it from the original lender, MBNA. I heard nothing until today, opening the attached scanned (and redacted) letter from DLC. In summary they state: Due to the age of the account the original executed agreement is currently unavailable; & Whilst we may not enforce the agreement, the monies remain outstanding; & They go on to quote McGuffick vs. RBS using it as a precident as to what is considered "enforcement" Thanks in advance one & all DLC Letter.pdf

Hi Can someone please advise on whether a DCA can reconstitute a CCA and DN for a credit card taken out in 1999 and if they can use it to enforce in court. Many Thanks

The Barclays account in particular is dated 2000 . I have read that many of the agreements dated as far back as then do not have enough terms and conditions on the credit agreement and it is by a long way the most uncomprehensive agreement i have seen . Outside of that clutching at straws to be honest , like i said i would have settled them for her had they been able to meet me at a slightly lower per centage but my understanding is link are less likely to negotiate downwards than others.

In 2012 I went down the CCA road and defaulted with 2 credit cards, it was getting managed by a company called General Recoveries. They went bust so I'm dealing with it myself now. In the last 2 years I received letters from Cabot who had taken over both accounts. I sent them CCA letters, they replied acknowledging debts would be unenforcable if they couldn't get the agreement etc. Hadn't heard anything for a while and have recently checked my credit report as I was hoping to get a mortgage next year when it will be over 6 years since the original defaults. My score was fair on Experian and high on Equifax but I'm showing as being in default with Cabot from last year. Can I be in default with them when I had no agreement with them? Will this last another 6 years? I moved house a few years ago so it's possible I haven't received some letters from them. Any advise or help would be fantastic. Thank you.

i sent a cca request to the halifax i have a personal loan with them which was taken out online in december 2011 i have some concerns what they have sent me tbh on the front of the "agreement" it states "BANK COPY" there is an incorrect address on the agreement, i know the interest is incorrect but most importantly of all the agreement has not be signed by hand or has not been ticked electronikally in fact there is no signature box at all the default for this is due to come off credit file next year i've not made a payment since july 2015 i have sent the bank a detailed income and expenditure and asking to write the debt off on hardship grounds, the bank has not replied they are aware i am a vulnerable household due to various medical problems, so i can't work to pay back the monies owed any advice please?