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Found 584 results

  1. Hi, I had an agreement with MBNA where they would hold all interest, as long as I paid the debt off within 10 years. The amount owing was divided up in 120 months (10 years). However, in the mean time, they have decided to sell the debt, at the same time as our financial situation has changed. The monthly payments are now less. They write to inform me that I am in arrears. The DCA have said the following, is this right does anyone know?? The payment was set by MBNA, based upon, I assume a previous Income and Expenditure form at the point of being 'charged off' which means no further interest is applied to your account but it does mean that this is your 'normal monthly payment'. This can not be amended now as it was sold on this way. It is also less than the 5% normally applied to credit card accounts. And so, we are happy to accept your offer of payment but as it is does not meet your contractual payment the arrears will continue to accrue. We have a legal obligation to reflect accurate data to the Credit Reference Agencies, which also includes arrangements, missed payments and arrears and so your data entry at the credit reference agency will be updated with this information.
  2. I recently made a section 78 CCA request to Cabot who I have been paying a debt off to for 2 years. There was another 12 months left until I realised I could make a CCA request to them. I received a reply today saying that they could not get the info from the original lender, and the account is unenforceable. What data position does this place them in? Can they still request from me or use my data in any way? What about the default under their name on my credit file?
  3. .. I sent off a CCA request six months ago which has not been provided, the account is in dispute, i have been receiving 'arrears' letters since. My question is, would it help to send back the latest arrears letter with a "No contract. Return to sender" label, or sit on my hands? Thanks Pencil.
  4. Hi all, I recently CCAed all my creditors in order to try and sort out my finances finally. I have been paying £1 token payments to each, having defaulted on all over 6 years ago. I have moved house a few times since and have lost track of what has happened to them all. having sent a CCA request to Robinson Way, who I originally dealt with for a Halifax debt, I received a strange reply, returning my £1 PO, and saying that "the account is closed on our files, please contact our principal". This was written on a very unprofessional piece of paper that looked more like a memo than a letter! Has anyone got any advise as to how I should proceed with this? The 12+2 days are definitely over. As Robinson Way were dealing with this, is it still their responsibility to respond to my CCA request? Thanks AM
  5. Hi All, Was on here some time ago (7 odd years) and received some incredible help. Sadly 2 years ago i fell into some issues and couldnt work at the time. Thus accumulating some debts. One of them is a credit card with Halifax , approx £5500, that had been passed to Moorcroft. I have sent them a 'prove it' style letter They have replied to me with 1 page which is a personal details page and 1 page which is the signed CCA, from Halifax (photocopies) I am happy to settle this debt but want to know peoples advice, opinions and the best way about it. i do remember a fair bit and have been reading up. Seen the settlement letters, but also conscious the debt seems no longer with Halifax or is do Moorcroft just act on the clients behalf as opposed to buying the debt? I aslso have 4 others than are with Capquest, but rather than making this post complicated, i'll post a new thread. Thanking you all in advance again
  6. Hi Guys, Was contacted by erudio last year about the change of ownership. i didnt want to sign the deferment letter. Came on here read up and decided to request my CCA for the loans back in October. No response only threatening letters. i sent a second response and no reply. They eventually wrote to me in december saying they will look into my request. I heard nothing until today - they have actually sent me a copy of all my CCA's, signed. Wondering what are my options here? They did not comply to the 14 days from my request. The date of the loans are 97, 98, 99 and 2000 HOWEVER - of all the CCA's, there is a few things: - only 1999 and 2000 are signed the others are blank - 1998 only has the DD section igned - only 1999 is signed by an offcial from student loans They are photo copies though. but the others do look comlpetely blank Thanking you in advance
  7. Hi, after CCA'ing my creditors as per advice here in an earlier thread back in October one of my main DCA's (Wescot has responded - took them a while!) They are saying they have sent me my original agreement as requested and have now passed the debt back to Lowell who they were collecting on behalf of? is the CCA a valid copy? The original creditor was HSPF (home shopping personal finance) Not sure if i should get back in touch with Lowell and start arranging payments again or not Any help appreciated as always, i have uploaded copy of what Wescot have sent me.. next steps for me? file_1_pdf.pdf
  8. Hi all Hope everyone is well. Had this back recently - after months on inactivity on all accounts. For a Lloyd’s credit card This is the one and only sheet sent back from Idem. Looks like an application form to me ? Any help much appreciated. Thanks for looking and Bon weekend ! Here is correct picture Lloyd’s scan 2.pdf
  9. Hi, I am wondering if anyone can confirm whether the attached CCA request from Barclays is enforceable. I took the card out in 2011 and along with an MBNA card i stopped payments in Feb 2018 with a balance of £9104 on the BC. I contacted Step change and entered into a DMP paying £344pm to cover both cards. In Aug i sent the CCA request to Barclays and they returned the document, i thought it was legit because it had my name and address on so filed it away and did not send one to MBNA. A month after the CCA request i was informed that my debt had been sold on to PRA which i thought odd because i was almost paying the minimum amount. I have been reducing the amount i pay through budget reviews and am down to £170pm between both cards. new year and decided to get a grip, i have requested a CCA from PRA and MBNA, PRA have replied saying that they are trying to retrieve the documents, i am presuming that they will be the same as the ones that BC sent me and have put my account on hold. So, if they supply the same docs is it enforceable and what info is missing from the document. I have searched for what info should be provided but have drawn a blank. Apologies for the first couple of pages not being in order. Any help greatly appreciated. S25C-919012107300.pdf
  10. Hi all, I started a previous thread to share my general issues, but am posting in this section for specific advise relating to First Direct. Previous forum address here if anyone is interested: http://www.consumeractiongroup.co.uk/forum/showthread.php?458839-Low-income-6-year-old-debts-and-worrying-about-the-possibility-of-future-court-action I had an account with an overdraft, credit card and loan with First Direct (all pre Apr 2007). I defaulted on payments for the credit card and loan back in 2009, at which point, they closed my account, merging the credit card and overdraft together as one debt, and the remaining loan as another. Since the default in 2009, I have been making token £1 monthly payments to Metropolitan Collection Services; I have since moved house a few times and hence had no contact with them. Aiming to sort things out once and for all, I joined this site, and under some much appreciated advice, sent out a CCA request to Metropolitan last week. First Direct have responded, sending back my CCA letter (but keeping the postal order???), saying: The letter is not signed (didn't think I needed to) - they want me to provide a specimen signature My current address does not match their records (it wouldn't as I have moved, but my credit file address is up-to-date) - they want me to provide the old address to match their records. From this, I gather that FD still own the debt as Metropolitan did not write to me. As mentioned, my credit file is up to date with all addresses. Does anyone have any advice on how I should proceed? Are they trying to delay and does the time limit of 12+2 days still apply? Or, are they valid in their requests? Any help much appreciated Thanks AM
  11. Good morning all Have been an avid reader of CAG for some time. I currently have an alleged debt with shop direct which is being dealt with by Lowells. The debt is for £2k+ I have read the guides and templates available and sent a CCA request to Lowell's in November. I finally received 2 signed documents. You can see on one document the key financial info is set at £36. The other document Is signed and the account number is the same as the first document. Note that the dates are different so the documents were not signed together. Any help or pointers would be greatly appreciated. Many Thanks
  12. Had the following back from MBNA in response to a CCA request. 2 sets of T&C's, one current, and one supposedly from the time they card was taken out (not sure how I'd actually verify that) A summary statement showing current balance And a "copy executed agreement" Have uploaded the covering letter and the redacted "copy executed agreement". Basically, is this valid? This card was taken out in late 2014, and from what I've read it seems like it probably is a valid an enforceable response to my request, but would like to be sure before taking next step (MBNA bluntly rejected a recent full and final offer of around 60% of balance, claiming they never accept such offers. I should also mention that the debt is still with MBNA and no payments have been made for 3 months now. Current balance is a around £10.5k. Borrowing from family and selling a few things I reckon I could raise £8k tops. It doesn't seem like MBNA would accept this as a full and final, and all the while the interest mounts up.
  13. Hello, I started a DMP with Stepchange about 6 years ago with £150k of credit card and personal loan debt. I have paid about £80k via Stepchange over the years and about £70k remaining balance (including personal loan interest). I have been paying £800 per month split pro rata via stepchange but due to change in circumstances can not pay much at all anymore! Have yet to contact Stepchange but have cancelled the DD with them just now. I need urgent help and advice!! Should I arrange to pay them £1 per month instead for now through stepchange and CCA them all in the meantime? – I have just read about CCAs here. I am terrified of getting CCJs from them all now – All help greatly appreciated! Debts are as follows: • NRAM personal loan pre 2007 – now with Cabot Financial (Marlin) - £12,933 - not on credit report • Bank of Scotland personal loan – post 2007 - now with ‘Wescot Credit Services – Bought Debts’ – £12,395 owing – not on credit report • Santander Personal loan – 2002 - £10,859 – Defaulted 2011 • MBNA Credit Card – 2005 - now with IDEM CAPITAL SECURITIES – £6,919 – Defaulted 2011 • Cahoot loan - £4499 – showing on credit report as settled 2015! – but stepchange still collecting and paying!? • Barclaycard credit card 2008 – now with LINK FINCANCIAL OUTSOURCING - £3337 – showing as up to date positive credit on my credit file! • MBNA Credit card 2008 – now with IDEM CAPITAL SECURITIES - £3233 – defaulted 2012 • Capital one credit card £3205 – not on credit report • MBNA Credit card 2008 – now with PRA GROUP - £2723 – defaulted 2012 • Co-operative bank credit card 2002 – now with LINK FINANCIAL OUTSOURCING - £2571 – defaulted 2012 • Co-operative bank credit card 2001 – now with LINK FINANCIAL OUTSOURCING - £2026 – defaulted 2015 • RBS MINT credit card – now with ‘WESCOT CREDIT SEREVICES – NON BOUGH DEBTS’ - £1624 – not on credit report • Tesco Bank credit card – now with ‘ROBINSON WAY LTD – TESCO’ – £1222 - not on credit report • Barclaycard credit card 2001 – now with ‘LINK FINANCIAL OUTSOURCING’ - £1087 - showing as up to date positive on credit report! • Bank of Scotland – now with FAIRFAX SOLICITORS - £750 – not on credit report • Cahoot credit card £713 – not on credit report • American Express credit card – now with ‘NCO – OTHER’ £387 – not on credit report • EGG Credit Card – now with PRA GROUP (UK) - £193 – not on credit report • Cahoot credit card £100 – not on credit report
  14. Hi im new to the forum I have recently stopped paying my loan, I recall the loan company sending me out my loan agreement and making me hand sign it in late 2016. If I was to do a CCA will they need to show the signed agreement?
  15. CCA Enforceability Thread I'm sure I've seen it stickied somewhere and cant find it for the life of me.
  16. Hi all, I received a letter today from BWLegal in relation to a debt of £704.80 original debt was with The Money Shop, payday loan of just over £100.00. The debt is due to be made SB in March. The letter is threatening to take me to court and place a CCJ on my credit file. I have typed the below letter and would appreciate any feedback you could give. This will be the first letter they have received from me, I have not made any contact with them previously. I have also typed out the content of the letter I received from them today. 16th January 2019 CCA Request removed please do not post our template requests. The Below is a rough outline of the letter received today Dear MR XXXXXX We have been instructed by PRAC Financial Ltd to commence legal action in the form of issuing a claim against you in the county court, without further notice, in respect of the above debt. If payment or response is not received before the 14th February 2019. If you dispute this debt please tell us why so we can help resolve this matter. Estimated Claim Such legal action may result in you being liable for court fees, solicitors costs and statutory interest which are listed below: Principal Debt: £708.74 Estimated Interest: £118.37 Estimated Court Fees: £60.00 Estimated Solicitors cost: £70.00 Enclosures Enclosed with this letter are: Information Sheet Reply Form Income & Expenditure form Particulars of the debt On 20 February 2013 you entered into an agreement with Instant Csh Loans Ltd t/a The Money Shop to provide you with a fixed sum Loan agreement account. You failed to make payment in accordance with the terms of the agreement and it was later terminated and has since been assigned to our client on the 9th December 2016. Notice of this assignment has previously been given to you. Our client is not currently applying any interest, fees or charges to your account. Any help with my CCA Request letter is greatly appreciated, I want to make sure I have the correct sections quoted etc. Thanks in advance regards Veteran6224
  17. Hi I am new to the site and just learning how to navigate the forums. Hoping I am now in the correct place to get some helpful advice. I have 4 very historic debts being managed for the past 6-7 years by CABOT and 1 with PRA. In the past few weeks, I requested a CAA and SARs from both which was a very revealing exercise. Low and behold:!: CABOT replied saying they could not find CAA for 3 historic debts so these are unenforceable but that I should continue with my monthly payments to my DMC. PRA replied very differently saying "current accounts do not require credit agreements and therefore no credit agreements have been set up when opening the account". How can these 2 Debt Companies behave and respond differently:?: I now plan to stop monthly payments to CABOT and would like your advice if there will be consequences! I am currently 70+ in poor health and want to be debt free in 2019:!: I have also sent GP medical and Cardio reports to both companies but did not receive any compassionate response:sad: Many Thanks for any advice and direction given. nacro:help:
  18. Good evening...... I had the pleasure of a member of Resolve Calls team visit my home this evening with regard to an old debt of an unsecured loan taken out with Northern Rock in 2004 - last paid via debt management in 2014. Cabot took up this debt in 2015, I sent them a CCA request in Jan 16 but from memory only received a standard response. I have two questions i could really do with some advice on 1) Should I write to Cabot reminding them of the outstanding CCA request or resend the request? From memory i think they sent a generic response effectively saying they were 'looking for it' . I know i should have kept this info, however the original signed agreement was definitely never provided. 2) Is there a letter or anything I can communicate to prevent these people just turning up at my door? They wrote to me months ago informing me of Resolve Calls involvement but i assumed it was fairly generic. The guy was very polite and non-threatening, I gave him no more info than he could find from the electoral roll, his objective seemed to be to get me to call his office on my doorstep at 7.30pm in the dark. At this point i politely told him that wouldn't be happening so he gave me a card with details on to call. I work away fairly often and do not want these people turning up when my partner and young son are at home alone. Thanks in advance for any advice
  19. Hi, I had a letter off RW last November chasing me for a B/Card CC for £1300 (opened in 2002) last payment to BC in Summer 2017. I requested CCA off RW and they responded 2/1/19 with "couldn't find it and debt now unenforceable, but they would be in touch with regards to setting up a payment plan". Today have received a letter off them with a copy of BC CCA, but not signed by me, looks very much a generic T&C? and wanting details of my Inc & Exp. Can you tell me how I should proceed please.
  20. Hi thanks to a member on here telling me to CCA Barclaycard I am looking for help. What makes it unenforceable I keep looking and some people say they have to produce original paperwork, others say they can send a revised one, being taken out in 1999 does it need to show my signature? Any help would be more than appreciated. X
  21. Hello All I have a Welcome Finance CCA which for one reason or another has been bought by MKRR. I CCA'd them last September, and they have sent me a copy of the front page of the agreement with no T&Cs, but the thing that is puzzling me is the figures stated on the agreement. They are as follows: Total amount of credit = 2945.43 Payment over 65 months APR = 20.80% AIR = 19.6% Total charge for credit = 1805.93 Monthly Payment = 73.07 Made up of Acceptance fee = 75.00 Interest Charge = 1728.93 All well and good, and I am no accountant, but I have work this out on several online loan calculators and got the same amount on each of them, which is different to that on the CCA. They are: Total amount of credit = 2945.43 Payment over 65 months AIR = 19.6% Monthly Payment 73.88 Total Repayable = 4802.43 There is also no total repayable on the credit agreement. My question is, is this CCA enforceable? I was under the impression that the figures given should be correct. Please help Total charge for cretid = 1857.00
  22. Hi I was wondering if anyone can offer some advice. My partner took out a Northern Rock loan at the end of 2005 for £25,000, with agreed payment of around £37400 over 120 months. As an aside it just shows how badly NR were engaged in unethical lending as she was only on £11k a year at the time. She made 39 of those payments totalling just under £12200, and additionally she made around £470 in over payments to a grand total of £12670. After being diagnosed with a long term illness, she lost her job and then found it difficult to repay the loan. She organised token payments beginning April 2009, and paid an additional £50 before the debt was written off at just under £24700 at the end of November the same year. She continued to make token payments until the end of July 2013 at which point she could no longer afford to do so, so she stopped. The debt appears to have been sold on to Cabot in October of the same year (2013) for just under £1400 according to the full transaction statement they have returned, but there is no Notice Of Assignment documentation. She started receiving letters from Cabot in June 2018, and she wrote asking for a copy of her CCA. They have complied within the time limit with a full copy (doesn't appear to be reconstituted), including full transaction statements, and they are threatening CCJ action unless payment for the outstanding balance of the loan is made under agreed terms. Like mentioned however, there was no Notice Of Assignment documentation to say how the debt was transferred to them. My partner is very stressed by all this (especially due to the nature of her illness) as she has a very limited income from part time work (being unable to work full time), and I pay the rent and all bills so my money is stretched also. By the way, no debts appear on her credit file, so we are worried that Cabot can also mess with that now. Anyway, does anyone have advice on next steps to take? My partner is looking into a (Debt Relief Order) DRO as a possible solution. Does anyone have experience with these? Any advice would be greatly appreciated. Thank you.
  23. Hi I've just received a 'Letter Of Claim' from Howard Cohen & Co. Solicitors stating their client as "HPH2 LTD (Ex Tesco Personal Finance PLC)" also referenced in the letter as "Hoist Portfolio Holding 2 Ltd" regarding it's 'intention to issue proceedings in the County Court'. It also says "Despite our client or it's agents, Robinson Way Limited..." I believe my first course of action is to issue a CCA Request to the debt collector / client? The problem is that I cant find a UK address for Hoist Portfolio Holding 2 LTD but have found a Jersey address. The UK arm appears to be Hoist Finance who in turn own Robinson Way. Which of these companies should I write to with the CCA request? It's in relation to an amount of c.£5,500 on a credit card agreement allegedly signed in April 2008 Thanks
  24. 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.
  25. Hi I received some excellent advice from CAG after I had some major employment and debt issues between 2008 and 2011 which resulted in a number of my accounts defaulting, once again I am in need of assistance please. One of the alleged debts I defaulted on was in respect of a BOS Credit Card, under duress I continued paying £1 per month until August 2016 when it was sold to Cabot Financial. The balance claimed is around £4k. Cabot quickly passed the account to Restons who wrote in February 17 threatening legal action to which I issued an unsigned CCA request together with a £1 postal order. Restons rejected the CCA request as it was unsigned, therefore I signed it and resent it with a letter as follows; ___________________________________________________________________________________________________ Further to your letter dated XXXX in response to my second formal request for a copy of the original credit agreement for your reference shown above. I am somewhat surprised at your request considering you have happily sent personal information to my address if you are now uncertain that I am the correct person. For the avoidance of doubt there is no requirement under the Consumer Credit Act 1974 nor the Data Protection Act 1998 for my request to you to be signed. Never the less, I return to you now signed my original letters dated 23 March 2017 and 28 March, together with Postal Order: for £1. This postal order represents the fee payable under the Consumer Credit Act 1974 in respect of my request for a copy of this credit agreement and a full breakdown of the account including any interest or charges applied and must not be used for any other purpose. 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 on request. 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 under these sections of the Act. For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or micro-fiche document from other sources but indeed the original signed document purporting to be signed by myself. Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt and this account will remain in an unenforceable state in line with s.127 (CCA1974). I look forward to receiving the documents requested within the next 12 days. ___________________________________________________________________________________________________ I have also sent an unsigned CCA request to Cabot which has been acknowledged and is in process. I have today received the attached letter from Restons advising legal action is commencing, although they have stated the Postal Order and letter has been returned this was not included in the envelope. I have contacted Royal mail to obtain confirmation the Postal Order has been cashed. I would really appreciate guidance as to how I should respond as Restons appear to have no inclination to provide a copy of the CCA and appear happy to proceed to court on this basis. Many thanks Bozalt IMG_1942JPG.pdf
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