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  1. 1st Credit were assigned a debt from AA Finance and I got papers from Northampton recently. My defence against this claim is as follows: 1. This account was defaulted on 13/10/2009 but I have no evidence of a: a. notice of default sums letter b. default notice letter c. failure to comply with a default notice letter. 2. My initial request in early 2010 for a copy of the signed credit agreement was unsuccessful. 3. To date I have been approached by the following about this alleged debt: a. Apex Credit Management – January 2010 b. IQOR Recovery Services – letter dated 22nd March 2010 offering a “substantial reduction”. c. Geoffrey Parker Bourne – letter dated 1st April 2010 d. Robinson Way – letter dated 11th August 2010 offering a repayment plan. e. Geoffrey Parker Bourne – letter dated 10th January 2011 f. Nelson Guest and Partners – letter dated 20th January 2012 g. Westcot Credit Services – letter dated 31st January 2012 h. Westcot Credit Services – letter dated 3rd February 2012 stating that all collection activities would be suspended while my queries about ownership of the alleged debt are being investigated. i. Blair Oliver Scott – letter dated 3rd March 2012. Each of these companies has chased payment - each time I have asked for proof of ownership of the debt and each time I have received nothing. Before the claimant is able to enforce this alleged debt, it is important for the following matters to be addressed: - Evidence that they own the debt (and an explanation of why their claim is more substantial than the other companies list above). - Evidence of a valid and signed credit agreement. - Evidence of a valid notice of default sums, default notice and failure to comply with default notice. Until such a time as the Claimant is able to address these matters, they are not entitled to pursue this matter. I got a response from 1st Credit on 20th August and enclosed was a notice of assignment (seems OK), a "true copy" of a credit agreement and a "template" default notice. The issues I could see are: 1. The credit agreement shows me as the party listed but shows my current address - at the time of the "agreement" (2007) I lived at a previous address. 2. The credit agreement has no signatures by me or them, no reference numbers and says that it is governed by Scottish Law (Bank of Scotland). 3. The default notice has all personal details blotted out and omits name, reference number, amounts, dates and there is no notice of default sums or failure to comply letters. They are threatening summary judgement if I don't pay up within 14 days, so any suggestions on how I should respond? Thanks, D
  2. Hi I ordered some sofas from buy as you view. When it came to them being delivered I arranged it for a day when I was off work as I had to - the agreement due it being in my name. They never turned up! They turned up the next day surprising the missus. They brought the sofas into the house and asked where I was as I needed to sign the credit agreement, the missus told them I was at work (which I can prove I was) and explained that they were supposed to arrive the day before as arranged. Instead of rearranging the bayv guy told the missus to sign the agreement, so she went sign her name. The guy stopped her and said 'No sign your partners name, as long as it looks as though he has signed it that's good enough!' So she naively did. There was three blokes in the room so I suppose she felt a bit wary when it happened the way it did! Surely this is wrong?
  3. I hope this is the right place to post this, if not please move to the appropriate place. I had a succesful PPI claim from a well known bank, however, after the claim was paid out, the bank then changed my loan account number without informing me. To cut a long story short, i phoned the bank to find out why the account number had changed. They informed me that this was due to having to remove the PPI. Ok no biggie i thought, however, i phoned the bank to get a copy of the Credit agreement for the loan i took out back in 2005. I was informed they had 2 credit agreements on file, one for the previous account number and one for the new one. I asked them to send me a copy of both agreements. A few days later i received a copy of the agreement for the original loan account number, at the top right of the agreement it states the loan account number. They also sent me a letter that said a new agreement wasn't necessary as the remainder of the loan had been transfered to the new loan account and had updated details of amount outstanding and APR. The big question is does the new account they set up need a new credit agreement, as the original credit agreement has the old loan account number on the front page? I will be sending an SAR request for all document pertaining to the loan.
  4. This is an unusual situation .... Two years ago HSBC took my brother to court for a credit card. At the time, we had a family problem and the bank's solicitors (DG) agreed to hold the claim for 3 months. However, he still had to submit a defence which I helped draft, asking for a copy of the agreement and default notice referred to in the POC and how the amount claimed is arrived at. The bank did not respond to the defence. Previously they had said there was no agreement (well before the court claim) when default charges were disputed. Now they have come back with a response to the defence, some 20 months later and apparently the claim was stayed for 3 months. DG say they cannot locate an agreement (same as before then) and no copy of the default notice because it was system produced at the time of default. They also say the default charges are fair as per OFT report of 2006 and the test case of 2009 (which was about personal current accounts so what are they on about). They've sent a 'credit card request form' with the customer's name and address. The rest of it is not filled in. And some terms and conditions from 2002. They've offered to reduce the claim by a few hundred and say settlement can be agreed by a Tomlin order. I've to find out from the court what is happening with the claim. Should they not have struck it out many months ago? It now seems an abuse of process. The claimant cannot produce the documents they relied on in their POC and have come back 20 months later. Any help would be appreciated. Thanks.
  5. I'm in Scotland, I suppose I should get that part out of the way. I had a BoS credit card (opened the account in 2001), which had a balance of £ 8,246. I was no longer able to pay the monthly bill (due to loss of my job because of long-term ill-health) and, stupidly, stuck my head in the sand. (I should also point out that over and above this credit card I had been, and continue to be, a Bank Of Scotland customer, with both a saving account (that's a joke lol) and a current account. The default date was June 2007, and a decree was granted at the local Sheriff Court on 8th January 2008, and the Decree was extracted on 23rd January 2008. Again I ignored that, along with the subsequent 'Charge For Payment Of Money' (left at my address by Sheriff Officers on 2nd July 2008). In the past couple of years I've been VERY slowly trying to sort out my credit file and have made some progress (some other credit agreements have dropped off my credit file and others have been time-barred and removed). This BoS debt is the only biggie I have left hanging over me but I'm not sure how to proceed. Should I just hold tight until after the 6 year anniversary of my default date (which is now only 8 months away) and it drops off my credit report? Or will that not happen because of the legal stuff connected to this old credit card debt? Another slight concern is that, since that time, after my marriage broke up and I had subsequently moved house to live on my own (hence being able to work on my credit file without external interference lol), I was able to open my own individual cardcash account. This was the only bank account available to me at the time because of my poor credit history, but after a year of maintaining the account in good order, I was offered a full current account. I still have both these accounts and have had no problems with them and have even had the occasional overdraft facility in the past. So......are BoS likely to make a move on my current account because of this old credit card debt? I guess the gist of this verrrry long, rambling story is....will the credit agreement details be removed from my credit file after the 6 year mark (regardless of the legal stuff) and can BoS make any claim on my existing accounts once this credit agreement drops off my credit file? Phew!
  6. Hello, I am new here, and this is the second time that I am writing this...because yes I did accidentally delete all my writing when trying to copy it . So, here is my story. - The Past - I took out an unsecured loan for £2000 with Welcome Finance in April 2008, with PPI. Worst mistake of my life. The contract said that I owed £3640 with payments of £164 per month for 37 months. In October 2008, I went to Welcome Finances office and asked to have the PPI cancelled. They gave me a new credit agreement contract to sign, I signed it. I now realise that the new contract stated exactly the same amount to be paid back (£3640), and over the same time frame as the first (37 months). Thus, it seems that they did mot deduct my initial 5 payments of £164 from the loan, an maybe they did not deduct the PPI? In June 2008, my second payment was a day late. I called them to let them know that I would be paying it the following day (I had no other arrears). On the day that my payment was due, after I had called them, two debt collectors came to my house. Unfortunately, I was out but my housemate answered the door . They gave him a letter that said that I owed Welcome Finance £3640. I now realise that Welcome broke two laws on this occasion: (1) they did not have an invitation or court order to come to my house and; (2) they broke the Data Protection act because the letter that they gave to my housemate was not in an envelope. I did not complain or do anything about this at the time, because I turned into a little mouse trying to avoid further harassment and embarrassment:violin:. Furthermore, I am a scientist not a lawyer or accountant - and evidently, I would not be very good at the latter two. Since October 2008, I have made monthly payments of £64 and when I could afford it £100. My payments have always been on time, and I have no arrears. - The Present - Now I am after Welcome Finance ! I am about to start a postgraduate course and I can barely afford tuition let alone unnecessary and extortionate payments to the corrupt ***holes at Welcome Finance. So, I recently asked for a statement from Welcome Finance. The statement that they sent me only shows payments from October 2008 - not the original account opening date with PPI from April 2008. I calculated that including the original 5 months payments, I have now paid £4000 to Welcome Finance, yes this was for a £2000 loan. And they say that I still owe £1200! What I have done so far: (1) Sent a recorded letter requesting both credit agreements to be sent in 12 days (with £1 postal order for each). (2) Sent a recorded letter stating that if they send anyone to my house again, I will call the police and take Welcome Finance to court. (3) Sent a recorded SAR. (4) Requested that a PPI refund form be sent to me. When I originally called to request a PPI refund form, they said that I could not get one until my account was paid off! I now realise that this was B***S***. So I called and quoted the FSC...then they listened and said that they would send a form. I have only just sent these letters, so am waiting for a reply. - The Future - I would like to: Claim back as much money as I can from Welcome Finance. Get them 100% out of my life ASAP. Dance with glee when I receive a cheque from Welcome Finance, and put that money where it belongs, with my university. Help other to do the same. I would be grateful for any comments or advice that you have on this matter. In particular, I have the following questions: (1) why did my original and second credit agreements say that I owed £3640, when my loan was for £2000; and why did the second contract not show any reduction taking my first 5 payments into account. Is there anything I can do about any wrong doings here. (2) Can I take any retrospective action against Welcome Finance for sending debt collectors to my house illegally and breaking the Data Protection Act, this was in 2008. (3) My credit agreement says that my loan should be paid over 37 months. But I have been paying for 42 months, and they say that I have 13 months left. Is this allowed? (4) Why and how can I be paying back £5500 on a £2000 loan! (5) How much PPI do you think I could get back? (6) Is there anything else that I can do them for. Thank you for reading my story. I look forward to your replies.
  7. Hi Guys, I have been having trouble with littlewoods for quite some time I have sent numerous letter requesting my CCA and keep getting blank ones back, the whole reason I wanted my details was because I had late charges that I wanted to request were refunded although as I did not get the information that I requested I could not do so. To cut a long story short I sent them this letter: Re: my request under the Consumer Credit Act 1974 Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974. The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter. My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’. I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law. You had until _______ to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any intereston the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency. To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this. The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies. If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me. I look forward to your reply. To which I received no reply I also checked my credit file today and the default is still marked on my file! Please help Thanks in advance xxx
  8. Hi everyone, this is my first post so please be gentle I am in the process of filing an amended defence regarding unenforceable CCA 1974 agreement and require advice on the matter. The story so far is that I originally filed an embarrassed defence due to DG Solicitors not supplying documents that related to HSBC claim for £12,000 on a Gold Card. HSBC did not take any further action and the case was stayed. They then recently applied for the stay to be lifted and judgement entered for them as, in their opinion, I had no chance of winning. I appeared at court yesterday and contested their application on the grounds that I have not received a default notice and requested it be struck out. The district judge on reading my witness statement denied summary judgement and re allocated the case to fast track. I now have to file another defence to their claim and was wondering on what basis I should defend post Carey v HSBC. I was originally going to claim that the CCA does not contain the prescribed terms but am now unsure (there is no mention of APR on CCA). DG Solicitors have admitted that they cannot supply a copy of the default notice as they do not keep records of electronic documents. Their agent at court seems to think that she can rely on a reconstituted copy (she showed me a blank template) Advice greatly appreciated
  9. I had an MBNA account from around 2002. In June 2009, I sent a letter along with £1 requesting that they send me a signed copy of the Credit Agreement. MBNA did not send the Credit Agreement, nor any other documentation so, in mid-August 2009, I sent them a letter informing MBNA that the alleged debt was now unenforceable. They continued to request payments and charged interest to the account until, in January 2010, they sold the account to Hillesden Securities Ltd (DLC). DLC began to make phone calls requesting payment. I told them that I had requeted the information (and sent copies of my correspondence with MBNA) in accordance with Section 78, and to my surprise, they admitted that the alleged debt was unenforceable! They made a phone call and sent a letter, about once a month until today, when I received a letter stating that if I did not make an immediate payment, the would pass the account on to a solicitor who would issue legal proceedings (CCJ). I immediately called DLC to discuss the matter with them and was told that they sent me the documentation in August 2010! I never received it and think that they're either lying, or have made false documents. Surely, if the documents existed, MBNA would have sent them, or DLC would have sent them in January 2010 when I brought the matter to their attention. My understanding of Section 78 is that the debt is unenforceable if the documents are not returned within 12 days. Even if mine are returned, it will be more than 1 1/2 years after they were requested! I still have copies of the correspondence with MBNA and DLC and don't think they will be able to get a result in court, but I just need some advice please. Any advice will be very welcome.
  10. Hi, My Aunt took out a wfs loan and secured it against her property, she then retired from workinglife and came upon some difficulties repaying the loan amount. She then entered into an arrangement to pay £50 a week over the phone, this didn't cover the default nor did it cover what was actually required to pay the normal installment. So she continued to rack up charges and arrears. I did an SAR and they kindly sent a pack of stuff through, here are the bits that jump off the page so to speak: Insurance Suitability Document: Already has Insurance in place for Homecare24, PAP and Lifecare24, so PPI was circled NO. Yet in her statement of account that was sent, there is a PPI refund to the acc for the sum of £982.07 PPI roll up adjustment of £471.35 CCA: Total amount of credit £15000 over a term of 60 months, monthly payment of £422.51 with a variable APR of 23.5% Underneath section is the charge for credit section: Total charge for credit £10350.50 Acceptance Fee £235.00 Monthly Indemnity Fee £0.00 Interest charge £10115.50 Rate of interest £24.6% On her statement it has missed direct debit fees of £105.00 It also has a debit listed as BR SUSPENSE TRANSFER, with 96 individual transactions coming out on a single day, some for £50.00 and some for £105.00 CAPITALISATION changes from one wek to the next, sometimes as high as £240.47 or as low as £20.00 At the end of her statement it has the following entries: 25/10/2010 SETT O/C REVERSAL SASNOTONK DEBIT £235.00 25/10/2010 CAPITALISATION SASNOTONK DEBIT £51.01 25/10/2010 PPI ROLL UP ADJUSTMENT CREDIT £471.35 25/10/2010 PAYOFF - CANCELATION CREDIT £14528.65 BALANCE 0.00 Now I'm no expert but am i correct in believing that she now owes them nothing and the account can be closed? As I write this she has just called to say that a letter arrived explaing that if she wanted to settle her account the final redemption figure is: Total Amount Outstanding £12391.98 Rebate of fees and charges (66.04) Default Interest £30.57 Interest to settlement £377.08 Settlement figure to pay £12733.59 Can anyone help me help her... thanks in advance. Eoghan.
  11. Hello everyone, I'm a newbie here - and I think I may have made a dreadful mistake today... I'm sorry if the following sounds really flaky - we've not slept for a few days (newborn baby) and I think I've learnt a valuable lesson about shopping when sleep-deprived and not on the ball! I bought a bed in FV today, originally having just gone in to look at the model (they are very good salespeople, aren't they?). As part of the deal, I was told I had to buy 2 items to get the 15% discount. I bought a mattress protector but was a bit surprised to see that it was £119. I thought that might be what they cost and thought I could look up prices to check when I got home (I thought - perhaps erroneously - that I could take it back if it was overpriced). We ordered a bed this afternoon (Saturday) and took the 0% credit option. But as we've recently had account problems (phishing) there is a stop on our credit - and told FV this before we ordered (the bed is made to order). They said it would be fine - they'd take our deposit and if the stop was on, we could get it lifted and then they'd go ahead with the order. We signed the agreement, they haven't yet and it will only go through when the stop is lifted. I came home an googled mattress protectors and saw just how overpriced our was and to make matters worse the bed is overpriced by £££ too. Obviously, we wouldn't want to pay over the odds for the bed. Can we cancel the bed tomorrow (Sunday) and get our deposit back, as the agreement hasn't been activated - or does our signing it activate it? (We'd take the mattress protector back as well) Obviously if the bed had been made and the order was underway, we'd just mark it down to bad luck but can we cancel if we do it asap? I'm really sorry if this sounds like a really stupid thing to have done. But I'd be very grateful for any advice you could give me. And apologies if this post rambles a bit. Thank you v much Mme Cholet
  12. OK, here's the issue... A loan is taken out. After a number of months the person who took the loan out is unable to service the loan and stops paying the the monthly installments (jul 2005) Some months later a debt management company is instructed (by the person who took out the loan) to manage the debt, a small amount is agreed upon between the the two parties and the interest is set at 0.1% APR Approximately a year later (sept 2006) the debt management company is dropped and the money is paid directly to the loan company, approximately a year after that the loan is passed from the loan company to a debt recovery company (oct 2007). Now it is at this point (oct 2007) that the debt is registered on a credit report as a default. My question is when should the default have been issued, should it have been after 3 months of non-payment or is it when the debt management company stepped in (when interest was set at 0.1%) or is it when ever the loan company feels like issuing it, which is what it appears to be. Many thanks to any0one who can help here.
  13. Hi all, Yesterday I signed a Hire Purchase Agreement for a car with Black Horse, through a car dealership. The agreed monthly payment is £190/month, in 48months. I got a phone call today from the car dealers saying that there had been a mistake by Black Horse and that I have to go back to them to sign a new agreement with a monthly payment of £211/month. My question: is the agreement I've signed legally binding or can they now make me change the conditions? I'm sure that if I had made a mistake they wouldn't change the agreement for me once signed, at least not without a cost, so do I have to go back and resign something that is already agreed only to end worse-off? Thanks for your help
  14. Hey guys, As some of you know I have been having problems with shop direct for some time, I have sent them a CCA which they replied with by telling my how many payments have been made on the account and a blank agreement. I then sent another request and they sent the same thing so I decided to sent another letter which looked like this ACCOUNT IN DISPUTE Date: 3/11/2010 Dear Sir/Madam Thankyou for your letter of 21/09/10, 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 two separate occasions. On 02/09/10 Imade a second formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. You have failed to comply with my request, and as such the account entered default on 16/10/2010. 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 you/your client enters into a default situation. This limit has expired. As you are no doubt aware section 78(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. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows – 2.8 (i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued' (k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt' Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counter claim 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 21 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 21 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 I later received a letter back stating: We will not be pursuing the above account for the outstanding balance. However, as the debt remains unsatisfied, this will be noted on our internal file for future reference.This information will also form part of your records at the Credit Reference Agencies where we share information. This information will remain on your credit reference file for 6 yeards and may affect your future ability to obtain credit with other companies. To avoid this detriment to you credit file, please contact us to make a payment. Now this has angered me as it is quite clear they dont have the agreement and in my last letter it was stated that they should not put any marks on my Credit report yet they insist on doing so. I am not sure what to do next as I dont want my credit file to be damaged please help me. Please please pplease help me can i not stop them from marking my file even though they dont have a signed agreement Thanks in advance xxx
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