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Found 40 results

  1. Good evening all, I've done a bit of research trying to close accounts which led me to requesting CCA's to Cabot. I sent two for two different accounts which they took off Halifax (1 x CC & 1 x Current Acc Overdraft). I posted the following to them: Dear Sir/Madam Account No: With reference to the above agreement, I require you to supply the following documentation before I will correspond with you further on this matter. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974. 2. A full statement of account. 3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists. 4. A copy of any other documents referred to in the agreement. I understand that under the Consumer Credit Act 1974 (sections 77-79) , I am entitled to receive a copy of any credit agreement and a statement of account when I request it. I enclose a payment of £1 which is the fee payable under the Consumer Credit Act 1974. I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days. I understand that, under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account. A speedy response would be appreciated to resolve the matter amicably. I look forward to hearing from you soon. Yours faithfully THE LETTERS WERE RECEIVED ON 17TH/18TH JULY AND TODAY I RECEIVED THE FOLLOWING LETTERS: Thank you for your CCA request etc etc... We currently do not have this information on file. However I have requested the relevant details, which include a copy of the credit agreement, statement of account and relevant terms and conditions from the original lender. You have requested a copy of the Deed of Assignment. Please be advised that the DOA is a confidential document between Cabot and the original lender. It does not contain any personal details relating to you or your account and is not available for disclosure. We sent you a Notice of Assignment for your account to your address, which is sufficient to confirm our ownership of this account. Only the courts can request this... Blah blah blah. A couple of things here... I asked for a true copy, they are referring to simply a copy. If they do obtain a copy, is this enforceable? Also is it acceptable what they are saying about disclosing the DOA to me? I don't ever recall being sent a Notice of Assignment, if I did, is this sufficient to confirm ownership and enforceable? I have been currently paying towards what they are claiming, on a monthly basis via DMP. The next payment is due in a couple of days. Should I continue paying or is it advisable to stop until they wholly action my request? Thanks in advance and any help/advice/feedback is much appreciated! I'm looking to get a mortgage by the end of the year so I can get my son into the school I/he wants. Many thanks.
  2. Update on General data Protection Regulations due to hit in may 2018 There is a overt permission of Data Subject to consent to processing of data, so a CRA processing John Doe's data without him knowing could fall foul. Likewise a DCA. Full implications are not yet known http://www.idgconnect.com/blog-abstract/26688/what-gdpr http://www.idgconnect.com/blog-abstract/24273/gdpr-probably-won-decimate-businesses-leave-burned Discuss?
  3. Now considering the implications of the new GDPR this response from a well known recruiting agency could hardly be called compliant could it ? surely the default position would be to delete the CV if unsuccessful. If your application is unsuccessful, we will keep your personal data for up to 6 months from the date we notify you of our decision. (Note, we may keep your personal data for longer than 6 months if you have asked us to consider you for future vacancies – see ‘Will we keep your application on file?’ below). There may, however, be circumstances in which it is appropriate for us to keep particular items of your personal data for longer. We will base these decisions on relevant circumstances, taking into account the following criteria: · the amount, nature, and sensitivity of the personal data
  4. Hi All, A petition to regulate Credit Reference Agencies to make them take responsibiity for the rubbish data they hold, please sign and pass around https://petition.parliament.uk/petitions/212110/sponsors/new?token=uVL8zQ8UufpmcsmeBQ
  5. Hi, I am after a little advice, or pointing in the right direction. One of my children has a debt from Lloyds TSB (A loan taken out many years ago). Whilst she was talking about money she mentioned she has two DCA's but only one debt. She said she's been paying it for years, but it never really seems to go down. She has dropped the paperwork off for me to look at, and they are both debts for Lloyds. Different amounts, but she only had one loan. Is there a way to find out if it is the same debt or somehow different ones. One company is Lowell Portfolio, and the other is Wescot. Thanks in advance 5bellies
  6. Hi, For over 10 years I am on DMP. I started with the company who was charging me a lot for just collecting my DDR and distributing them to my creditors. I have over £ 50k in debt and pay £240 pcm. As me and my husband are retired that money is very needy. I was thinking of stopping DDR and try to sort out the debt. Could anyone give me an advice where to start? If I stop DDR can the debtors put a default on my accounts? after receiving numerous phone call a day I got myself into DMP with stepchange; recently I have discovered consumer action group and I decided it is time for me to act . My plan expires in 2037 and I have already paid them more then they bough my debt for, my question is do I need to cancel direct debit first or I can send them a debt validation letter? did anyone have similar problem?
  7. I noticed on my credit report some information that I disputed. I got a letter from the agency saying they had removed the entry while investigations took place. They later re-instated the entry, but not for 3-4 weeks. Is this normal practice? If it is, what is to stop people disputing all their credit file, and during the removed period, getting credit before re-instating of the entry takes place?
  8. Please would any member be able to assist with the following issue that I am having with Clydesdale Finance who have changed a default date with Experian Credit Expert which has greatly affected my Credit file. The issue is: I had had a debt that should have expired 04.01.16 after 6 years, I was eagerly awaiting this to enable myself to move forward with my own financial plans. I recently checked with Experian Credit expert to make sure that my score was still at 999 and that the expected bad debts would disappear from my personal report. I was amazed to see that my credit report score had drastically dropped to 734 barely over the poor mark. I duly contacted Experian to find out what has happened. Experian contacted Clydesdale on my behalf to be informed that I personally would have to contact them to discuss the matter. This proved to be impossibility as I could not find any information as to the contact numbers I would need to contact this company nor could Experian provide me with a contact number saying that they will only accept written contact. On the advise of Experian I duly wrote to them on the 22.02.16 asking them for an explanation as to how and why they have changed my personal financial data with Experian. I provided screen shots of the original default dates that were applicable which was 04/01/2010 which should have expired off my personal credit file from this date. To date I have not even had the courtesy of an contact/acknowledgement of my letter which was signed for and duly received. My questions are: 1) Can a Finance company operate this way legally? 2) What should I now do to move this forward 3) Can I take legal proceeding
  9. When I look at the "Debt Subforums" the top listed thread indicates that the last post on that thread was 13th September at 12.25 debtors chasing my BF]. if I then click on that thread there are 5 threads that came after that one. All of the 5 listed do not state the number of views or replies and the dates of the last post on all of them is at least 1 day earlier than the actual ones. This can cause problems both for the original posters,possible posters and the team who may not realise that extra unrecorded posts have been added. I appreciate that there are so many posts each day thus making the control of each subforum accurate.
  10. The following attachment contains guidelines on filing defaults with credit reference agencies. It was published in 2007. guidance_on_defaults.pdf These guidelines have now been superseded by a new set which apparently have been drafted by the credit reference agencies themselves but with approval and apparently "close involvement" of the information Commissioner. high_level_prinicples_document_final.pdf You can spot the difference because the original 2007 version is on information Commissioner headed notepaper and the information Commissioner claims responsibility for it. The more recent 2014 revised version contains merely a "foreword" by the Information Commissioner. Of particular interest is the clear difference in approach to disputed accounts. The 2007 guidance gives very clear directions as the steps to be followed when deciding whether or not to refer a disputed account to the credit reference agency file. The 2014 guidance appears to be completely silent on this matter. Although this important issue has clearly been deliberately excluded from the more recent guidance, you should remember that first of all – this is only guidance. Secondly, the original 2007 guidelines make it clear that the entering of a disputed account on to a credit reference agency file risks breaching the legal requirement of – accuracy. Although the subject of disputed files has been omitted from recent guidance, "accuracy" is still a lawful requirement for all entries placed onto credit files. This means that the steps which the 2007 document advises should be taken, are still relevant and we feel that where there is an account which is subject of a valid dispute – as per the 2007 guidance, that this should not be referred to the CRA's. We appreciate that this places some organisations in great difficulty because it must take a great deal of time and judgement to make the right decisions. However, we are also fully aware that many organisations are really quite cavalier about the status of disputed accounts and will even use the credit reference agency as a stick to beat troublesome customers with. If you feel that you have a marker which has been unlawfully placed on your credit file because you have a valid dispute – such as a mobile phone provider failing to carry out their side of the bargain, then you should read the two guidance documents above – and keep the 2007 version very much in mind. Just because the 2007 version has been revised, it does not mean that it has no validity.
  11. In 2011 I opened an Argos card account and have never missed a payment or paid late. With that in mind, last year due to personal circumstances I have defaulted on a financial arrangement with a different organisation. Upon checking my credit file regularly I have seen that Argos are reporting that my account with them is showing; The account status is currently under review due to a query. Argos have been reporting this same status since May 2015 - long before anything else went into arrears. Are they allowed to do this and if not, what course of action can I take against them? I have tried calling them to ask the question but they were evasive and told me to write to them
  12. Hi All, I am trying to get any information possible on the removal of Settled Accounts that were in good standing from the main credit agencies. I used a well known payday loan company back in 2013 and rolled over the loan a few times and always paid early and in full. Never late and no negative info at all. However fast forward 3 years , I am trying to secure a mortgage and have been refused due to having 6 entries from a specific payday loan lender. Even though they are all settled and paid and closed they underwriters see that as there were 6 entries, that I am a risk !! I have a good credit score and this is the only negative. This is causing me to have to look through other "brokered" lenders who all want to charge fees and I am looking at a higher interest rate also. It crazy that I borrowed and paid back on time and still penalised for it. Can any one give me any advise on how I can persuade the payday lender to remove the settled accounts from my files?? As its causing me financial issues if I have to pay a higher interest rate because of them. Any help appreciated. Thanks
  13. I'm new here so not sure if I'm posting this in the right place. I need some advice please regarding two old debts. One is a CCA debt, a loan originally taken out with Sainsbury's Bank well over ten years ago now. We defaulted on this loan around 2008 I think. Sainsbury's started court proceedings and wanted an order for sale of our house to which I responded that we had other creditors so it was unfair to them. I got advice from a credit counselling service and she said to offer token payments to all creditors. A few years back we received a letter from Arrow Global saying the Sainsbury's debt had been assigned to them and for us to send payments to Restons Solicitors we have been paying them token payments, although we have received nothing more since from either Restons or Arrow Global. Surely they are breaching the CCA by not providing six monthly statements? The other debt is an old overdraft with Lloyds Bank - the token payments are going to Robinson Way but I don't know if Lloyds still own the debt and whether it is just being collected by Robinson Way. Because it's not a CCA I don't know if there's anything I can do to check whether they are authorised to be taking our money. We historically had two credit cards too which we defaulted on in 2008 but these I should imagine are statute barred by now. The reason I am querying the Sainsbury's and Lloyds debts now is that I recently checked with all three of the credit reference agencies and none of them show these two debts. Experian have told me that even though debts do not show on credit reports does not mean they are not owed. I would like to get advice though as to whether I am paying money unnecessarily. I don't trust debt collection agencies to act reasonably and fairly as we have had a lot of harassment in the past. Any advice you can offer would be greatly appreciated.
  14. A cagger has asked me to start a thread in respect of complaints against Credit Reference Agencies. The Link below is to an American article. http://www.housingwire.com/articles/34870-cfpb-complaints-against-credit-reporting-agencies-rise-sharply It would appear that complaints there against CRAs has risen considerably. Two of the 3 most complained about agencies are Experian and Equifax. I seem to recall that we have had several complaints about CRAs on CAG - one that comes to mind is where an Agency provided credit information to someone they shouldn't have. (I will try and find the thread and link it) The Court of Appeal has ruled that the CRAs are not obliged to ensure absolute data accuracy !!
  15. Illegal EM technology use by collection agencies ======================================== USE OF ELECTROMAGNETIC RADIATION TO SPY and HARASS (Cant post links yet but will soon ... See websites/links for details on the possible technology being used) ============================================ Websites and links: - Use infrared and microwave image mapping and spectral reconstruction to invade privacy ... entire home mapped and monitored - Monitoring is 24/7 and includes all family - EM brain monitoring device which stores brain activity patterns and uses them to selectively manipulate (see links at bottom) - Most likely remote EEG >> has subvocalization recognition capabilities (mind reading) - Mobile - can be used from a car - Software with the antenna system which is used to select from a list of options of torture/intimidation tactics - Use EM radiation to induce unpleasant sensations and pain (see links for the full list) - Induce emotional states - Torture pets/animals in neighborhood - Flipping MOSFET on adaptor power supplies and damaging wires connects - Aggressive drive-by and cutting up in traffic - Power cuts/fluctuations - EM microwave burns - EM manipulating of heartbeats/dreams/limb dexterity etc - Jamming Internet and cell phone calls - EM suppressing brain activity - EM enhancing waves at time of stimulus to accelerate memorization (or enhance association) - Operating during sleep cycles to manipulate subject's memories - Manipulating motor behavior - Illegal hacking of electronic devices - Bug and stalk/spy on online activity - Read all emails/texts - Spy on other electronic devices / power cords =============================================
  16. I have a question for you legal eagles, but first an outline. Recently there was a case of a DCA trying to collect CC debt of £3000 escalated to £8000 by interest. There never was an agreement, only an application which has never been found or presented in any form A DCA tried to obtain this debt by threatening court action. The chap replied do your worst. Court action started. The DCA then sent him some interest summaries and a Credit card agreement between him and a company he had never heard of. This agreement was undated and unsigned. They threatened to send these to court unless he agreed to pay up. He wrote back and asked who this company was, and where was the assignment. They sent him an assignment signed by the - what they thought was the original creditor but on the DCA’s headed notepaper. A complete fabrication. He did and said no more. He barred the phone calls from the DCA’s solicitor. He went to the court to contest the case, but the DCA had withdrawn and there was no case. My question is: Has this DCA committed an offence in trying to obtain money fraudulently under the 2006 fraud act section 2 (fraud by false representation), Which goes on to say: (1)A person is in breach of this section if he— (a)dishonestly makes a false representation, and (b)intends, by making the representation— (i)to make a gain for himself or another, or (ii)to cause loss to another or to expose another to a risk of loss. (2)A representation is false if— (a)it is untrue or misleading, and (b)the person making it knows that it is, or might be, untrue or misleading. (3)“Representation” means any representation as to fact or law, including a representation as to the state of mind of— (a)the person making the representation, or (b)any other person. (4)A representation may be express or implied. (5)For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention). Problem: The DCA had come to obtain information about an existing unenforceable debt. It had no agreement, application form or any documents to show how the debt was incurred. It started to pursue this chap for the debt. It is quite obvious that the agreement was a false representation as was the assignment. If this chap had not been on the ball he may have just paid up, but he smelled a rat. Now this would appear to be a tactic used by this DCA to frighten people to pay a debt which is unenforceable, but used deceit to make gains or tried to obtain money knowing that it had made false representation. This DCA tried to con this chap into paying, they must use other similar tactics with other people, but are they committing an offece? What do you think?
  17. Hi everyone, On 01 April 2015 I paid Cabot in full for an old credit card debt. The debt still remains unchanged on my credit file. I sent Cabot 11 emails asking when the CRA's will be updated. All 11 emails have been ignored. I disputed the debt with Experian and Equifax. Cabot informed Equifax that the debt was settled in full on 18th April 2015 when in fact it was 01 April 2015, and said it will be updated in May. I eventually called Cabot previously Marlin, and the advisor states they update the CRA's on 25th of each month. [removed] My credit file remains unchanged and I have no idea what to do. How can they continue to report inaccurate information! And to add insult to injury, they have sent me a customer satisfaction survey!! How can I get Cabot formerly Marlin to update my credit file? Thanks Eagle
  18. Hi All, i was after some advice. I have an outstanding debt with NPOWER, and since the 8th March 2015, have had 3 different letters off 3 different debt collection agencies over this same debt. One of them has even called at my house. Is this legal, can 3 firms chase the debt at once? I am not sure which one I should be paying because in a 3 week period, 3 companies have chased me over this debt. The companies are:- 1)Wescot 2)Fidelite Credit Management 3)Moorcrofts Thanks for any help.
  19. Why does Noddle insist on using a Credit Card for identification purposes but will not permit you to use a prepaid credit card ? My reason for using one of these for online purchase is that there is only so much financial damage that a thief could do if I were to lose it or they obtained the details. IMHO, I do not see why Noddle would want credit card details anyway as it is supposedly free ? My question is - if someone doesn't have a regular credit card, are they being discriminated against ?
  20. I finally faced up to my huge debt problem and went through the CCCS to try and get life back on track. A repayment plan was made Everything's been great so far, apart from the Halifax who only let you have 6 months before they default you and send to DCA. So, I have now have defaults (through the Halifax) which I would love to get removed from my credit file. Having sent signed CCA requests to each of the credit card companies, so far, they've sent agreements just printed out (no signature) or application forms. They say that they don't have to send true copies with signatures on at all as per the act. My question is, as they don't seem to be able to provide signed ccas, how do I get rid of them? Did i just stop paying them? I don't want to take the easy way out, but life (as I'm sure you all know!) has been so stressful with these people and if something's been done wrong, it should be put right! Any help would be much appreciated and sorry if this has been done incorrectly but I can't start a new thread
  21. Hi All, I have various debts that are being handled by agencies. I have a limited company that I stupidly set up a bank account for with Natwest. I say stupidly because they held my personal account too. I had an instance of fraud on my company website and had to refund a customer £160. This came at a precarious time in terms of cash flow. As a result the account was thrown into debt. Natwest decided to close both my personal and my business accounts at the same time because of it. I also owe worldpay who were my gateway service providers for my website. I have a personal debt with Very due to defaulting on the buy now pay later scheme as I found myself unemployed. As it stands I have had many letters from many CCA's. It appears that the debt is being moved around a lot. Natwest and Worldpay are both being held by Moorcroft. Very is with NDR. I did get a call this morning from someone saying they are "Allied International" and then asking me to supply details for data protection. As I had no idea who they were I refused to give them any information. The woman said she couldn't tell me anything without my information. In the end she hung up. I understand now that they are AIC. I'm not sure which debt they now hold. I would really like advice on how to get started with sorting this whole mess out. Thanks in advance for your help.
  22. Looking for a letter to send to the credit agencies to dispute a default on my file.
  23. Can someone please advise, out of the 3 main agencies, which one is the most reliable. So far, hubby has received responses from Experian and Call Credit. Experian appears to be the most up to date - with Call Credit showing stuff that should have been long removed ? Just waiting on Equifax.
  24. Some may want to take a look at this www.lendingmetrics.com Had some dealings with the company today.
  25. Okay - I'll try and keep this simple to avoid boring people. In 2011 I returned home from a tour of Afghanistan. I was greeted with some letters from O2. I called up the customer service team explaining I didn't have a clue what was going on. I was promised that this would be looked into, and they would get back to me. They never did. I assumed it was over and done with. From that date letters from a load of debt collection agencies came to my mothers address (I lived on an Army camp). I assumed this was spam and never followed it up. Then in 2013 I got a letter from issuing a county court summons. I went online and spoke to O2. They said they were still looking into it. Promised me it was nothing to worry about... And said they would get back to me. Again this never happened, but this time I kept screen shots of the online conversation. When I passed this information on to the debt collection agency they discontinued the claim. Again I thought it was over. Recently me and my partner have applied for a mortgage. All 25% saved. Got rejected... Checked my credit file and found there were 3 defaults from debt collection agencies (namely Lowell, and Cabot financial). I call them and they say that it was with regards to O2 debts. I explain the situation they I never had an O2 phone. I have been with Vodafone for years... Then I called up O2. I spoke to someone from the "fraud department". Possibly the rudest lady I have ever spoken to. Luckily I used my iPhone to record this. She stated it looked like someone I know had opened the accounts. .. Said this was not the type of fraud they were interested in. I offered her a crime reference number, she said she was not interested. I asked what I could do, and was told I should just pay they money even if it was not mine. I have now emailed the CEO of O2. I've also emailed there complaints department. The debt companies say they can't remove the defaults unless O2 agree. From a quick google, is seems like county court action is the only option. I can't not buy a house for another 3 years (before it will drop off). I can't get a mortgage with this information. Any advice?
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