Hello all, I'm new to the forum and would greatly appreciate some advice on my current situation. Long story short I have attempted to VT my HP agreement with Marsh they have refused on the basis they have already terminated the agreement. Here is a timeline of what has happened so far February 2014 - Agreement started through Carcraft/All in One Finance November 2014 - Payment missed 1st December 2014 - Notice of Arrears received December 2014 - Marsh agreed to a repayment plan to bring the account up to date 5th January 2015 - Default Notice received 24th January 2015 - Notice of Termination received 20th May 2015 - Default Notice received Now Marsh claim that they actually terminated the agreement on 24th November 2014 and have provided a copy of this letter however it was sent to the wrong address so I didn't receive it or any default notices which may have been sent prior. The incorrect address was on the original agreement (I didn't notice at the time I signed it) and I only correct this with Marsh at the beginning of December when I called to make my payment arrangement. There are potentially quite a few issues here however I am not at all clued up on these matters so would appreciate if anybody could tell me if I have a case to argue that I should still have the right to VT?

I owe money to several creditors to which i make regular payments to when they have confirmed they owe the debt etc etc and i know who im paying is correct, but im having problems with MBNA/Connaught/1st credit ....The steps i have taken are below and can anyone confirm the next step for me please; ----------------------------------------------------------------------------------------------------------------------------------------------------------------- 03 April 2010 - Sent CCA Request/Do not acknoweldge debt 24 May 2010 - Statutory Demand Issued 25 May 2010 - Sent 2nd request as above 28 May 2010 - Letter received confirming my request for CCA on the 25th May 2010 saying take longer than 12 days 22 June 2010 - Statutory Demand Set Aside Confirmed due to no cca provided 30 June 2010 - Sent template letter saying "Account in Dispute" 05 July 2010 - Letter received confirming my 2nd letter and that they are yet to supply information and saying not valid request as falls under Schedule 2 section 2(a) of this Act, or grounds upon i rely on the notice 20 December 2010 - Documents received from Connaught and requesting payment in 7 days. Faint copy which says “Credit card agreement regulated by consumer credit act 1974” your lender is MBNA bank. Also copies of weekly statements 26th April 2006,20th April 2006,22nd March 2006. Also what looks like internal banking statements headed " A&L CONVSN REG MONEYBAC" showing transactions 04 January 2011 - Hassling for payment as saying paperwork sent 12 January 2011 - As above but saying any payment made will be doubled by them Recent - Mackenzie Hall and J&P solicitors letters demanding payment in full ------------------------------------------------------------------------------------------------------------------------------------------------- Can i have some guidance please in the next step for me, i realise they have took longer than allowed to provide documentation but i have left it longer than 6 months to complain but i just want to set up and agree payments i can afford if they are the right people to pay. Thanks again

Hi all please can anyone give me some advice before i contact them. I got a new boiler from b/g in 2007 and they financed it with w/f i was paying £68 pm but now i pay £80 pm. I have been paying every month but now my hours have been cut at work and i cannot afford the monthly payments and i was going to get in contact with w/f to see if i could reduce my payments to £20 pm but i have read all the horror stories from people who try to deal with them. my question is can i reduce my payments and ask for the interest to be frozen and can w/f add other cost on to my loan like missed payment fees and fees for sending a letter. any help will be most appreciated kind regards michael Just a bit more information for you. I got a statement from from them in November and it had default sum interest on it. i did miss one payment about four years ago but i increased my payment and it is well payed off so i dont understand why i am still paying default interest. i did phone them up and they said i will still be getting interest on the loan as i defaulted on it.my monthly payment was £69 pm i have been paying them £88 pm for the last three years i keep getting phone calls from them asking me to increase my payments so i dont think they will accept a reduce payments even if i cannot afford to pay them the full amount. one more thing when i took out the loan they said my last payment will be on november 2017 now they say it will be march 2018.

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???

Hi i would be grateful for any clarification other caggers can provide. LTSB Gold Service Payment application form circa 1990's. across the top of the application 'Lloyds Bank Gold Service Payment/Photo Card Application Form' underneath Credit agreement regulated by the Consumer Credit Act 1974. this is very confusing as part of the document states under 'Security' 'the overdraft facility made available under this agreement is unsecured and shall not be secured or treated as secured by virtue of any mortgage, charge or other security which i/we may have already given (or may in future give) to you. does this then mean that if there is a dispute that LTSB cannot enforce to change the 'unsecured' to 'secured' via a CCJ ? then further down it states 'to be considered for a Lloyds Bank Gold Service Payment Card you must sign in the box below' this implies to me the A4 form is an application form and not an agreement, however in the signature box it refers to 'this is a Credit Agreement regulated by the CCA' has anyone else come across this? and what is the position. Thank You

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.

Hi There, Been green when it comes to what I can and cant do so just hoping for general impartial advice. My Ex has moved into a new house with her new partner (8 weeks after leaving me and our children in the family home) I currently have the children with me and it's all going through a court so clearly unable to go into the level of details however it's been ordered that our youngest child spends all day with mum 3 days per week. The night before the first day of contact I received a call from her requesting that I pack nappies, wipes, toys & spare clothes for our child. I requested that she too also provides for our children but got the response "I don't get any money for them anymore you do so you need to provide the things that I require for when I have them" This to me doesn't sound right. She currently works during the evenings and her new partner does not work but surely I'm within my rights to ask for her to either pay money to me towards the upbringing of our children or at the very least provide the basics when she has our children over for contact?? I just wanted someone to give me some impartial advice on how to proceed with this. Clearly I've took to here as I'm not in a financial position myself right now to fund a legal adviser.

Hello, is it true that the HMRC can give a statement of employment record if requested? I have found the address of the Record Retrieval Service, but it looks like this is only for compensation claims? Would they give me a record for any other purpose? And would that cover also periods on benefits? The reason I need this record for previous years is because I've lost some of my p45s and now I need to claim permanent residence status for EU citizens.

Hi Everyone I needed all my data connected from all my accounts due to HMRC pointless investigation I sent my SAR request over 60 days ago and heard nothing It was sent recorded delivery and it was signed for with my £10 postal order What is my next action ? I assume i need to send a follow up letter ? Anyone know of a good template and what my chances are Thank you

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, I am after some advise please to help with my defence as to whether I can seek and obtain copies of any transactions relating to my load account with Lloyds prior to the sale to Cabot and if whether the sell price can be admissible in the balance I should be paying to Cabot as opposed to what they've put claim in for. Recently been served with a CCJ for defaulting on installment repayment for an unsecured loan I obtained from Lloyds TSB in 1994. The agreement of sale points to this taking place in Oct of 2012. I need advise also on how and if I qualify for PPI , as this can perhaps be what I can repay the outstanding amount owed. The loan was unsecured.

Is there any point sending in a Freedom of Information Act request to a DCA in order to find out how much my debt was bought for? I would like to know so that I can send in an appropriate Full and Final Settlement Offer. (I'm thinking 2k offer on an 8k debt) Also does either sending in a Freedom of Information Act request or a Full and Final Settlement offer cause the statute barred clock to be reset?

Sorry trying to attach edited copy of response but keep getting an error message that I have exceeded my quota ? Please can someone kindly assist in fixing problem. I have had a reply from Window Company who have cashed my check stating that under the contract reference I quoted, the current info they have is our previous address details and contact numbers. I did mention that we have since moved and provided evidence of both addresses and mentioned if any further evidence required to kindly advise. They also state that the information is stored on their electronic database and is not to be shared with a third party ? Have they failed to respond correctly ? If someone can assist I will load up response. Cheers Baz

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 everyone. I have a comparitively small debt of £350 for gas and electricity supplied by Eon at a property I moved out of a year ago. Eon have got PastDue to "manage" and recover the debt but it has not (as far as I can tell) been assigned to them. I have followed previous Forum advice and told them I will only communicate with them in writing and offered them in writing £10 a month. They have now come back to me asking for confirmation that I owned or occupied the previous property; dates that I entered and vacated the property and confirmation of my date of birth. They say they need this information to comply with the DPA. Now I must confess I'm not a leading expert on the Data Protection Act but I thought the act was there to safeguard personal information that companies held on people NOT as a tool to extract info companies do not have about you. If these people are properly acting for Eon shouldn't Eon be able to confirm dates when we were taking energy from them. They were properly informed when we vacated the property last year. I would welcome any thoughts members have please.

Wondered if someone could help me. Last July I Received a letter from Restons, instructed by arrow global management, for a debt of around £1800. They were asking for full payment, or threatening court action. Following advise on forums, I sent a Cca request to both Arrow and Restons. I received a letter back saying they would request the information from the original creditor and the account would be placed on hold. Today, I have received a letter from Arrow, with a 4 page copy of what I belive to be the original credit agreement and terms and conditions. The letter also states the sum I have paid, which is £0.00, and the value owed. It then Goes on to say that the account is being operated by Restons ons on behalf of arrow, and arrow will deal with this document request only, all other enquires to Restons. Feeling slightly out of my depth here, what do I do now? Is this all the information required for Restons to chase this debt? I don't remember this debt, the credit agreement is dated 2001. It clearly is my debt as its a previous address of mine and my signature.. I got into financial difficulty in 2009, and lost my way totally, so it's clearly from around then that I stopped paying for it. Any help would be much appreciated, thanks in advance.

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.

Can you S.A.R a private medical company for copies of your complete medical records and treatment they have on file in their records ??.

Hi, I sent LOWELL a request for a CCA for an old debt, original account Capital one. back on 7 January 2015 giving them 12+2 days to respond. Received a letter dated 12 January 2015 stating (we are in receipt of your request for a copy of your credit agreement. .. we will advise you further if it will take longer than the prescribed period.). Received a letter dated 22 January 2015 stating ( We have been in touch with Capital One about the copy of your agreement, they have let us know they are trying to retrieve the agreement from their archive) .Received a letter dated 30th January 2015 stating ( We are waiting for your credit agreement). Received a letter dated 24th March 2015 stating (we have ordered statements on your account. As we have requested these from Capital One, it may take some time for them to be returned to us. During this time your account has been placed on hold). Applied for the card November 2007 on-line. Not sure on default date, and can't remember when last payment was probably end 2008. Letter dated 31 July 2014 informs us when the account was assigned to Lowell. Also attached letter dated 8 June 2015 paragraph two (we have confirmed with the original creditor that the outstanding balance is correct)? The statements attached is a little vague. The credit agreement was a rough copy, and difficult to see anything. Many thanks for your time.

Hello all, me again Vanquis passed my account over to lowells some time ago and as is the norm received shedloads of phonecalls etc from them over the last few months. I sent lowells a cca request I think it was the 23 July. I received a letter from lowells saying dated the 13 August 2012 saying they have asked the original lender for a copy of the cca and they will do their best to send the info within 12 working days. I recieved another letter from lowells on the 28th August 2012 saying they have still not received the cca from vanquis and that they are still trying to retrieve it from their archives. I checked the post date on the envelope on the second letter and there isnt one. The cca request i sent them is on my work pc so cant be accurate with my "sent date" My question is how long do I give them before I send them a this account is in dispute letter please? Many thanks Pete

Hi, I've had a ccj recorded against me for an old debt, I would have defended it via the CPR 31.14 route but was away when the court claim arrived and missed the deadlines. Can I go down the route of requesting the account docs and then applying to have the judgement set aside when they dont comply. (Ive already had this account go down this route with another DCA and they dropped it when they couldn't produce the docs.) I've had to apply to get payments reduced to £50 a month but have yet to send the first payment (due in three weeks.) Cheers for any advice.

What is a "Subject access request" please? I am in a prolonged claim with AXA regarding a leakage of water in our kitchen that resulted in having to completely rebuild it. AXA did no inspections of base-units yet claim they were not damaged. We have evidence. I would like AXA to pay for all the replacement cost but they will not. Also, AXA dug up the kitchen floor to aid its drying out. AXA claims that its contractor did not do the work despite my evidence that it was its contractor. Will a "Subject access request" get the information out of the company that I need to progress the claim. We shall end up in Court otherwise in order to complete the claim of £6608. Where will I find the Form or what words shall I use to complete the "Subject access request" if it is worthwhile?

Hi, I'm looking for advice/comments etc please I was made bankrupt 3 years ago and within that bankruptcy was a loan to a building society. Recently a letter dropped through letter box stating that my wife owed the money and that it was going to court in northampton. Immediately applied on their online service to state that she would be disputing the debt and wrote to them with a request for the original documents to be provided, which they seemingly ignored, the next correspondence was a judgement made against her saying that she was liable for the debt. Have applied to the court (hearing this Thursday 14th) for judgement to be set aside. We genuinely cant recall whether it was a joint loan, or just taken out by me, and wife says that if proven that she will arrange to repay, but as we are not sure, we have taken this course of action. What prospects do you think that we have?

Hi all I have recently finished a DMP and I am finally starting toget my finances back on track and I am hoping for some advice on improving my credit rating. My situation is as follows: The defaults registered on my account are due to fall off in August of next yea rand I am starting to put together a deposit for a mortgage. With this in mind I am trying to do whatever I can to improve my credit rating. I have recently been successful (with the help of the FOS) in getting a default retrospectively added to an account that was previously marked with AR markers for the entire period of the DMP and this will now disappear along with the other defaults. After the defaulted accounts disappear, I only have one concern relating to a Lloyds Bank Credit Card. The account was never defaulted, as the payments under the DMP were close to the contractual payments Overtime the payments made through the DMP started to cover the minimum payments and Lloyds started recording the account as being up to date (although charges and interest were frozen after some time). The records on my Credit file read as follows: Realistically, it will be January 2017 before I would be looking to apply for a mortgage and by then the only negative records remaining would be the nine late payment markers in 2011. The current available balance shown for the card is £7850 (although this is not actually available, as the facility has been withdrawn), the outstanding balance is £1432 and I am paying £35 per month (which is in excess of the minimum payment) in order to keep building the positive payment history. My questions are: 1. Will the 9 late payments be enough to scupper a mortgage application, considering their age? 2. Would it be better to request a retrospective default and lose the payment history? 3. Should I reduce the credit limit? 4. Is there anything else I can do to improve my position? Once the other defaults disappear, the only other records remaining on my file will be as follows: - Phone bill split in to two sections - a loan for the purchase of the handset and then the monthly tariff payment – Both are fully up to date and show no negative marks. The monthly tariff payments go back 6 years and the loan for the phone 12months since I last upgraded my phone. - Bank overdraft of £900 – fully up to date and recorded as a zero balance every month with no negative marks going back 6years. Any advice would be most gratefully received!

Hi all. A very good friend of mine has had to resign from his job at the local council department (planning) due to the extreme stress he was put under. He raised this isuue many times with the department running up to his resignation but they did not offer any help at all. My question is if he were to send them an SAR, would this cover internal memos/emails about him? If so, please can someone help tailor one to cover this as I only have a standard SAR letter for bank charges era from years ago. Thank you in advance for any help offered, Buel10