Hello, i was wondering if i could get some advice, my daughter owes K& CO money and she has not paid since she lost her job a few month ago, she was owing round about £600, now she has had a letter from Lowell Portfolio 1 Ltd, saying they have bought the debt and she owes £908, what is the best way to deal with this, she was not in arrears or anything and paid regular until she lost her job but what should she offer payment wise, she does not have much money just now, i have read lots of topics and do not think asking for the CCA would do any good , but i just do not know what would be a reasonable offer, thank you.

HOW TO REQUEST YOUR PERSONAL INFORMATION GUIDESubject access request) INFORMATION COMMISSIONER OFFICE (ICO) From this Link: http://www.ico.org.uk/for_the_public/personal_information

CRIMINAL RECORDS, COURT RECORDS AND POLICE RECORDS REQUEST GUIDE INFORMATION COMMISSIONER OFFICE (ICO) This is the Link: http://www.ico.org.uk/for_the_public/topic_specific_guides/crime

CRIMINAL RECORDS, COURT RECORDS AND POLICE RECORDS REQUEST GUIDE INFORMATION COMMISSIONER OFFICE (ICO) This is the link: http://www.ico.org.uk/for_the_public/topic_specific_guides/crime

Hi, Im new, I have found out that I have terminal cancer, and have about 6 credit card debts which i took out in 1990, our house is in negative equity, what will happen to my debts once I have gone, will my husband have to sell the house?

Hi, My first post. I'm trying to help my son get his finances sorted out. Besides the fact that he needs to become much better at managing his money I think he has valid claims for the following:- 1. PPI mis-selling on two personal loans 2. PPi mis-selling on a Credit Card. 2. Overlimit charges on a Credit Card 3. Bank overdraft charges Problem is which do I tackle first? What Subject Access Requests do I need to send. All of the above potential claims relate to the same bank. Will one SAR cover all of them. How do we obtain copies of loan agreements and PPI policy documents and the T&C's for the Credit Card (searched the internet without luck) Called in the Bank yesterday, they couldn't provide the full Credit Card T&C's for their current Credit Card. A few pointers in the right direction would be appreciated. Thanks

Hi I recieved a letter from HL Legal solicitors yesterday. I believe they are just trying there luck but just wondered what people on here thought. It says I have until the 27th Jun to pay in full or have a satisfactory proposal. Then it goes on to say Court proceedings may be issued against you without further notice. I would have thought they would have put "will be" not "may be" if this letter had any real meaning to it, am I correct in thinking that? thanks Getstraight

Hi all I have now recieved a response ot my CCA request to MINT and I'm not sure if what they have sent is enforceable? This card was taken out in 1999 and defaulted in Sept 2010 when my financial problems started. I have been paying £38 per month for some time until this Jan when I reviewed my finances and stopped paying all credit card debts. Please can someone take a look at the info below that they sent me and in addition to that there was a very badly copied version of their terms and conditions and also another sheet where someone has written on it "reverse of appllication form ...." this is Page 4 of attached. Now I'm no expert but this doesn't look like a valid CCA to me but if one of you experts can advise I would really appreciate it. Thx x

Hi, Would somebody be willing to look at the letter below and tell me if what they're saying is true or not? [ATTACH=CONFIG]44506[/ATTACH] My notes on what they've enclosed: Appendix 1: Current Terms and Conditions Just a printout of terms and conditions. No information to suggest this applies to me. No APR. Appendix 2: Notice of Variation to Terms A printout of updated terms and conditions. Has tables detailing APRs, etc, but these are all listed as (on your agreement) - no actual numbers are given. No information to suggest this applies to me. Appendix 3: Copy of Historic Terms and Conditions Yet another printout. No information to suggest this applies to me. No APR. Appendix 4: Credit Card Agreement Form Has HSBC's address. MCS or HSBC have hand-written my previous address and DOB into this agreement. I was at a different address when I opened this credit card account in 2005/2006. APR is blank. Has a signature box which is left blank. Appendix 5: Two recent statements Shows correct personal details and correct APR.

Back in 2006 i somehow ( i was a company car driver) acquired an MS90 fail to furnish which once my license was sent back in 2008 for a speeding offence was added on top of the new 3 points for the speeding offence, they gave me 3 points and a 60 pound fine. At the time the company was going through a change of ownership and the lease vehicle details were changed to a new company that was taking care of the paperwork. I never saw any paper work for a speeding offense and as i said it wasnt until i sent my license off in 2008 that i had any idea of the MS90, but it appeared on my license, i rang the DVLA and they confirmed that i had been fined for not furnishing and points added on for it. I never heard any more about it but today i got a letter stating that payment is to be made and that arrangements have been made to deduct the money from my benefits. Stranger still, i only went unemployed 2 weeks ago, so how did they know i wasnt working. How do i stand with them chasing for payment for a fine i had no idea had been acccrued due to the company not passing over details. and the fact that it has been seven years since the (alleged) incident took place and that i never had a chance to answer any court action. thanks

I am posting this on behalf of my husband. He sent a cca request back in January, gave them plenty of time, sent a letter from the library last week about their non-compliance. He received the cheque back today which was dated 24th Jan 2013, and a reply: Thank you for your recent letter dated 30 Jan 2013. I am not able to locate the requested documentation at this time from our files however I can confirm that in accordance with the requirements of the CCA 74, we provided a signed copy of the agreements and full terms and conditions to yourself on account opening and confirm we will rely on these documents. Please make your client aware that if they fail to make payments in line with the agreement, we will arrange for the Bank`s debt recovery procedures to be applied. Please bear in mind that missed payments under the agreement, any arrears or final demands for payment will be recorded on their credit file. from co-op They have had the financial statement, but want more money but that's not possible. Charges and interest still being added....... This was originally a northern rock card. please advise.

Received a few hundred pounds off them today in compensation following my formal complaint regarding their treatment of me and refusal to only contact me in writing. I'll give them their dues though they swiftly responded to my formal complaint and admitted where they went wrong etc.

Does anyone know if a CCA request resets the statue barred clock.

I sent off my CCA request with no reply within the prescribed 12 + 2 working days. I allowed an extra three working days 'just in case' and then sent the follow up reminder/unenforcability letter. Today received a communication saying the client was dispatching the details today to me. Im I correct in the assumption that the alleged debt remains unenforcable until such time as I have received the communication from them and had a chance to review what has been sent. They have also stated that their client requires a monthly payment regardles, even while this process is in motion. I need to get this absolutely right as I have no wish to open up precedents which can be exploited by dubious organisations in the future. Thanks one and all in advance for your input

I sent a SAR request to Thomas cook group Ltd at the end of January along with a £10 postal order, a month later they sent me a 4 page application type letter stating that they needed this info to proceed with my request, roll on another month and I get a letter saying that this needed to be handed over to Thomas cook personal finance Ltd. Got a letter from TCPF Ltd yesterday stating that as the address on file was different to my current address they could not proceed until I had sent 2 copies of banks statements or utility bills with my current address on (despite the 4 pages of information i had to give including my previous address! and the DCA they use knowing my current address) Rang up, changed my address then asked them to confirm that now my address was updated that they could send me the information I had requested. After a half hour song and dance about how they hadn't received it and I would have to send it again I mentioned all my calls are recorded and a copy of the call will be attached to my email to the OFT along with the copy of my postal order and signatures of those who received my letters, low and behold they found it! Now they are telling me that their 40 days start from now not from when I made the request, is this correct or should I contact the OFT and complain? It seems to me like this has all been stalling tactics designed to put people off trying to reclaim PPI? Surely the parent group will have access to and be able to provide all data required for a SAR? Sorry for the long post and thanks in advance! MrMJV

I have heard this morning that Citizens Advice and Citizens Advice Scotland are making a nationwide request for information surrounding the private parking industry. I am aware that some offices in Scotland have been very pro-active on this issue, however there appears to be a lack of consistency. It will be interesting to see how this pans out as I seem to recall they upset Retail Loss Prevention over similar issues not that very long ago.

Hi Mr Carter has got Judgment by Default in 2010 (see attachment). The Judgment relates to a Littlewoods Catologue back in 2005. I want to try and get this Judgment Set-Aside. My argument/defence/grounds to set-aside Judgment is quite simple: 1: I did not receive the Claim form, unable to defend. 2: I do not acknowledge the debt. And given the fact the Claimant's address is in Luxembourg ?! What do you suggest? Leave it go or is there a good chance of a set-aside? How likely is Bryan to defend the set-aside? Thanks bryan.pdf

If you are going to Tribunal regarding ESA like me then you may need to request coppies of certain documents relating to said Tribunal. If this is the case then here is a Freedom of information – request form. Hope its ok for me to post this, if not then I appologise in advance. Peace and Love, unclebungee... Here is the link to the site a acquired this form http://www.dwp.gov.uk/freedom-of-information/#how-do-i

ok theres a little company in my town called expecting baby company number: 06520078 theyve just shut the store and there was alot of complaints about people not getting goods paid for, theyve limited the comments on facebook now but are still taking orders their accounts are overdue, and they have one charge againt them is there any way to find out what this charge is? is it worth mentioning suspisions to the local paper hopefully warn people against throwing money into a dying firm any info would be helpful

Hi ... I received this letter in response to a request for a copy of my original credit agreement from Barclaycard: Reference : Section 78 of the Consumer Credit Act 1974 I refer to your request for the information. The information we kmust provide to you under the terms of section 78 of the consumer credit act 1974 (the "Act") is prescribed by the act and by the consumer credit (Cancellations Notices and Copies of Documents) Regulation 1983. Section 78 of the Act provides that, where a creditor receives a Section 78 request, the creditor shall give the debtor a copy of the executed agreement (and any document referred to in it) and a statement of the account. A copy of the terms of your credit agreement as varied in accordance with section 82(1) of the Act has been (or will shortly be) sent to you under separate cover. A statement of account is below: - credit limit .... - current balance .... - your next payment .... We are currently unable to provide a copy of the credit agreement you entered into. We accept that we are therefore prevented from enforcing our agreement with you while this state of affairs continues. With immediate effect, we have suspended your Barclaycard account. We have taken this action because in our view there is a significantly increased risk that you will cease to make payments to your Barclaycard account. This is a temporary measure which will be kept under review. We have not closed your account. Notwithstanding that we cannot currently enforce the agreement, our rights continue to exist under the agreement. You should therefore continue to pay the debt that has accrued on your account. We can and will continue to take any action short of enforcement, which includes reporting to credit reference agencies without also telling them that the agreement is currently unenforceable, demanding payment from you, issuing a default notice to you and instructing a third party to demand payment or otherwise seek to procure payment, We refer you to the case of Philip McGuffick v The Royal Bank of Scotland [2009] EWHC 2386 in which it5 was held that none of these steps constituted "enforcement" for this purpose. Please note that the decision in Carey vs HSBC [2009] EWHC 3417QB makes it clear that an unfair relationship cannot be said to have arisen between us as a result of the fact that we have not currently complied with section 78 of the Act. Toi the extent that you seek to allege that an unfair relationship has arisen, such allegations will be opposed. This completes our obligations under Section 78 of the Act. Yours sincerely ...............Customer Services Can someone please let me know what I can do with regard to this ? Do I carry on paying if so for how long? How long can they string this out with me paying and them not being able to find the original agreement? Are their threats legal? Are the threats valid reasons to force me to keep paying? Very confused .... I only wanted to start a PPI claim and was advised to ask for a copy of my original agreement to start the ball rolling .... Any help or advise would be much appreciated .... Martin

Long time viewer so thanks to all the contributors here, it's been a great help! I have sent off for the CCA for a Credit card and a Loan with Halifax. They have sent a letter saying "we'll get it to you when we can". I asked for it within 10+2 days. Is the template online the same for pre and post post 2007 debts? Thank you D This is the letter you need to send (edit to suit and send recorded) Account In Dispute Ref: Dear Sir/Madam Thank you for your letter of xx/xx/xx, the contents of which have been noted. You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference. You have failed to comply with my request, and as such the account entered default on **DATE**. The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account. Furthermore You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired. As you are no doubt aware section 77(6) states: If the creditor fails to comply with Subsection (1) (a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law. As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment. Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data. Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies. * You may not demand any payment on the account, nor am I obliged to offer any payment to you. * You may not add further interest or any charges to the account. * You may not pass the account to a third party. * You may not register any information in respect of the account with any credit reference agency. * You may not issue a default notice related to the account. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully

Hi Folks First time here so please be gentle I am assisting my OH who is the respondent in a case brought by Arrow Global Ltd for a debt he didn't know had been assigned to them, originally an MBNA credit card debt. He is in a DMP with StepChange, formerly CCCS and this debt was included in it and according to his StepChange statements, paid off and showing a zero balance. However, this seems not to be the case as his credit report shows a balance £1801 as of January 2013 to Arrow Global Ltd. They say they acquired the debt in August 2010 but no communication (notice of assignment etc) about this was ever received and to all intents OH thought it remained with MBNA and was being paid off. I have helped him with the defence to the claim and filed it online within the prescribed timeframe but we now wish to do an urgent CPR 31.14 request for all the documents listed in the particulars of the claim, none of which have ever been received originally or after doing a CCA 77-79 request on 29th January 2013 which has been ignored. It was sent signed for, recorded delivery. Documents required are notice of assignment, default notice, termination notice and a full statement of account to ascertain what payments have been made and when. OH is also going to take this matter up with StepChange as something has clearly gone wrong with assignment of payments. As we have already submitted a defence but this did not explicitly rely on the fact that legal ownership of the debt has not been proved by way of proof of notice of assignment etc, do we now have to request permission to amend the defence to include this whilst we await the outcome of the CPR 31.14 request ? His defence was he had no knowledge of Arrow owing this debt, he has been paying it via a DMP and has never received any communication that the debt was still owing. Interestingly, Arrow Global were originally using a local but large firm of Solicitors to make their claim, but they are now acting as a litigant in person using their own in house legals. Is this significant do you think ? Why not carry on with the Solicitors appointed if they thought they had a good case ? They have served the appropriate notice N434 though, so that looks in order. Many thanks for your helpful and constructive advice

i made a request under the Freedom Of Information Act on the DWP DATED 22ST DECEMBER After repeated requests for them to comply with my request, i contacted the information commissionaires office. The ICO gave the DWP 10 days to comply with my request which expires this friday. I have now received this from the DWP IN THE FIRST SENTANCE, THE DWP mention correspondence dated 21ST January. That is when i submitted a complaint as to my original requested dated the 22nd december. You requested an internal review of DWP’s handling of FoI request, “Information and details of Universal Jobmatch”, due to delayed response in your correspondence dated 21 st January, 28 th January and 4th February. The review was conducted by an independent official of the Department, of the relevant grade and authority to carry out such requests. The case has been examined afresh, and guidance has been sought from domain experts to ensure all factors were taken fully into account. I acknowledge that in this instance, the Department failed to respond within 20 working days and the DWP apologise for the delay. This is due to a number of factors including the unexpected level of correspondence received by the team. FOI requests are often complex or require input from a number of different areas e.g. policy, commercial, design teams who need to be consulted to ensure that all FOI requests are fully considered before being responded to. All FOI requests are dealt with by individuals in addition to their day to day workloads and in some cases this will lead to delays . Accordingly, I hope to let you have a response by 19 March 2013. If you have any queries about this letter please contact the DWP Central FoI Team quoting the reference number above. Yours sincerely, DWP Central FoI Team This FOI SENT IS POSTED BELOW Dear Department of Work and Pension Please supply information & details on the universal job match program instigated by the DWP in line with this Freedom of Information Act Request 1/ If a job seekers claimant declines access to the job centre advisor to their universal job match account, will they be sanctioned. 2/ is it mandatory or voluntary and part of the job seekers agreement to comply with a request for registration to universal job match by a job centre adviser 3/ Why are claimants not being told that they will be giving a waiver to the DWP to override their Data Protection Rights in signing up for universal job match 4/ The universal job match system uses tracking cookies to monitor claimants behaviour on the universal job match site. Do these tracking cookies allow information to be gathered on other non applicable web sites not related to universal job match. 5/ In signing up for access by DWP personal to the claimants universal job site, is that not in contravention of Article 8 of the European Convention of Human Rights Act "the right to respect for private and family life, home and correspondence (please supply exemptions) via a threat of sanctions for non compliance. 6/ Is not signing up for the universal job match program, and allowing a third party access not in contravention of the Data Protection Act 1998, and EU Law, in that a data subject cannot be forced to sign anything in direct contravention of the said act by way of a sanction for failure to comply with an instruction from a government official. 7/ is it not fact that UK legislation has to be compatable with EU legislation in regards to the Human Rights Act and Directives in respect of Data protection 8/ The company chosen to host the universal job match system is a US company called monster world wide. Will the data collated on the monster world wide hosting site (universal job match) remain in the UK, or transmitted outside the European union, and if so, where will that data be stored. 9/ Will the data gathered on the universal job match site be accessed by third parties, including different departments within the UK and foreign governments yours faithfully it seems the DWP just does not want to answer my questions, comments please and the DWP now expects me to wait a further 4 weeks 22nd december request made, 20 working days to comply new date for a possible compliance 19th march Thats a total of 58 WORKING DAYS

Hi there Not sure if this is the right section to post in but here goes. I've requested a copy of my CCA from lowells as they claim to have bought a previous debt of mine. they have sent a letter in response but, I am unable to post a link as I haven't made enough posts on this forum. It says: we are in receipt of your request for a copy of your credit agreement in accordance with section 78(1) of the consumer credit act 1974. We are requesting a copy of the agreement from the original lender with whom you originally entered into the agreement together with statements. Whilst we endevour to reply with the required information within the prescribed 12 day period under the consumer credit act you will appreciate this is dependent upon receipt of the information from the original creditor. We will advise you further if it will take longer than the prescribed period. When lowell purchases a debt from a client we issue a letter of assignment to the customer which fulfils our legal obligations under the law of property act 1925. This letter was sent to you on the 23rd April 2010 and we enclose a copy for your perusal and retention. We would not normally issue a specific deed of assignment unless the matter had progressed to court action. The copy of the letter that they claim to have previously sent was never received as, the address is my parents. Also the amount on it is the same then as it is now(surely they would have added costs over the course of 2 years??) The first letter I received from them was when I returned to the UK from living abroad. It contained a supposed letter from the original creditor on their headed paper but, as far as I can tell the letterhead is not an original and, it is marked page 1 of 2. Sorry if this is a long winded post but, could somebody out there let me know what the next course of action should be? I am in the process of requesting a copy of my credit file to see if they have added a default of their own as, the debt is nearly 6 years old. Thanks

Hi, I have epilepsy. The type that renders me unconscious and I had an attack and asked work very late to take a day or two off from my holiday bank. This way I could have treatment I need and to get better later this week to get back in. The only other option is to go in and that is rather risky but I can't afford to take time off. Any ideas as they have said it is difficult to make an exception? Thanks