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  1. Please help , Ive had a Halifax card since late 2004. In early 2007 the account number was changed ( I imagine I may have lost my card and been sent a new one ) or am I being naïve ? Over the next several years my credit limit kept on increasing without me requesting it. It was raised 11 times from the original £2750 till in spring 2014 it stood at £13950 Towards the end of that year Halifax told me that my interest rate was to be hiked up but explained that if I didn't agree to this I was entitled to close the account and pay it off as was previously the case. At this time I was struggling financially and the card was maxed out, so, as the minimum payment was already proving to be a burden I chose to close the account. Since then and up to today Ive never missed a payment and have paid a total of £8000 but have accrued £5450 in interest. So Im still £11400 in debt to them. Last month they kindly reminded me that "just paying minimum payments " is likely to be expensive for me but worryingly they quoted a new FCA DIRECTIVE which says I am in "Persistent debt". I came across your wonderful site and read up and decided to request a copy of my agreement. my request was made using the most recent account number ie from 2007 and what was sent doesn't seem to be an agreement..please help rather worryingly ten minutes after posting my question I got a call on my mobile from 07889902214 and a taped message telling me about a govt scheme to write off debt! Ive NEVER EVER had such a call in the past EVER so something fishys going on!
  2. Hi there, first post time and I'm hoping someone with way more knowledge than me might be able to help. I've a Lloyds loan from 2008 that was sold to Cabot they say I still owe £12k on I was making payments towards until April'17 I contacted Cabot for my CCA, waited 40 days then stopped payment, now just a few days ago they have sent me a reconstituted version which they say complies along with various copies of payments made to Lloyds and Cabot themselves. I've attached the CCA they sent me. All signitures and addresses are correct and the debt in no longer showing on my credit file, but I've no idea about the rest of it Can someone who knows about these reconstituted CCA's please take a look and let me know your thoughts as whether this is valid please and what migh optiosn might be? Last part of attachments Sorry, I've compiled them into one pdf an attached here. CCA-Recon.pdf
  3. i didnt even know this place existed till today and i came here for another reason a hour later of reading, i am hoping ppl can give me some advice .. i owe a debit which has been bought by lowell now they have been calling of and off for weeks but i have ignored the phone and i had had several letters, wanting payment the amount i owe is £3679 its a littlewoods credit card debt that i fell behind on and finally defaulted through no income. now the thing is it doesnt say littlewoods on the lowell letters it says barclaycard who do own littlewoods card.. but i was told numerous times by barclaycard that they was two diff companies and also by mercers debt agency who was originally dealing with the debt on behalf of littlewoods, that it wasnt a barclaycard and barclays was just the parent company .. i dont kniow what to do about this as at present i claim contribution JSA and in a 20 days time wont even have that so my personal income will be nil.. the littlewoods debt is mine not my wifes and as such she wont be paying it. i was making token payments now and then to mercers they said it wasnt a official payment plan as i was paying 5-10 per month but would stop interest etc on the account then they informed me that the 7 month limit had been reached which i didnt know about and as no official payment plan was in place it would be sent back to littlewoods for a formal demand which littlewoods did.. and then sold the debt to lowells i assume like i said been told littlewoods isnt barclaycard but is owned by barclays and lowell say the debt is for barclaycard sorry if that is as confusing as hell its been a nightmare for months just trying to ignore it as is no way i can pay and if i am declared bankrupt i would lose my license to work i have been told (sia license)
  4. Hello, I defaulted on a credit card in 2011. The debt has since been passed on to a DCA who applied for a CCJ. I requested a CCA and was sent a reconstituted CCA, default notice and notice of assignment a day before my court date. The case was adjourned as a result of this. I admitted the debt in court and it has been noted by the judge. Upon reviewing the information sent the last payment on the credit card seems to be November 2010. I have sent an SAR request to try and confirm this. The CCJ claim was made in August 2016. If the last payment was November 2010 is this debt now statute barred or does the CCJ claim being filed in August put it on hold? Even if it is statute barred does the fact I've admitted the debt in court make me liable? Thanks in advance to anyone who can help.
  5. Brief summary/history Other half's card. Commenced 1998, defaulted 2006 with interest frozen from that date. Default card balance was £6,500 - progressively paid/reduced to just under £5,000. PPI claim made October 2012 - initially refused but upheld by the FOS on adjudication. March 2014 NatWest credited £4,664 to the card, leaving a balance of £323. By my own (spreadsheet) calculations the payment should have been some £1450 more than they paid. Their payment was arrived at as follows: Refund of payment made 1998 to 2006 £2334.14 Compound interest based on rates charged £ 712.36 Sub total £3056.50 Gross interest at 8% £2010.43 Less income tax at 20% £ 402.09 Net interest £1608.34 Net offer £4664.84 It is their compound interest figure that I cannot agree with. During the 8 year life of the card, monthly interest rates varied between 1.385% and 1.620%. The average card balance was about £3200. My calculations show the compound interest figure to be about £2077 rather than their figure of £712. This would also increase the 8% gross interest amount due by about £1000. I reckon we want about another £2500 from them (before tax) I have written to them several times asking for a breakdown of their compound interest figure and have been stonewalled each time. They say they cannot provide these (complicated) calculations but that they are in line with the FOS and FCA guidelines. Their last reply even went so far as to 'explain' to me how compound interest works. I can scarcely believe the content of it. Here is the relevant paragraph from their letter: As a basic look at the compound interest aspect, if you compared the monthly balance of the credit card with and without PPI and the difference was £20, then the interest element would be determined from this figure. If the monthly interest rate was 1% and 12% per annum, this would mean that the starting figure for the compound interest is 20p (1% of £20.00) if your card then ran for 5 years, the compound interest on this PPI premium would accumulate as follows, year 1 = 22p, year 2 = 25p, year 3 = 28p, year 4 = 31p, year 5 = 35p. Therefore the total amount difference in balance of £20.00 in this example would be 35p. So, this 'expert' from RBS thinks the compound interest would be 35p. Well, I calculate it to be £16.33. She seems to have worked it out at 1% per annum rather than 1% per month. (I am not a mathematician so if I have got this completely wrong and she is right, please, someone, tell me I am making a numpty of myself). So, ladies and gentlemen of CAG, where do I go next with this shower? Suggestions and comments most welcome, thanks.
  6. Hi, just a quick question. Sent off a cca request to Robinsonway who are acting for santander. They've sent a statement of the account from 2008 and a reconstituted agreement with no signature. Just wanted to check this was valid as seem to remember that they could do this if taken out after 2006 Thanks Lucy
  7. Hello all, I issued CCA request to Barclaycard.They have responded with reconstituted agreement which states as follow: I refer to your request for information dated 12/06/14. The information we must provide to to you under the terms of Section 78 of the Consumer Credit Act 1974 is prescribed by the Act and the Consumer Credit Regulations 1983. Section 78 of the Act provides that where creditor receives a Section 78 request the creditor shall give the debtor a copy of the executed agreement and the statement of account. I enclose a reconstituted copy of your credit agreement and a copy of terms of your credit card as varied in accordance with section 81 of the Act. However the interest rates fees and charges set out in the agreement may differ from those we have discussed with you due to current status of your account. A statement of your account is below: the current credit limit on your account is £3400 the current balance of your account is £2591.19 the next payment of ..will be due on 9/07/14 we know that your account is not in dispute because of any delay in providing your copy documents as Section 78(6) was repealed on the 31/05/2008. It is no longer an offence for creditor to fail to comply with s78(6) for more than one month. You refer to the Consumer Protection from Unfair Trading Regulations 2008, we do not accept that there is basis to assert that we have not fully complied with our obligations in this regard. I am fully satisfied that the sum outstanding by you remain legally due and payable.You should to continue to repay the outstanding balance owed on your account in accordance with the terms of your credit agreement. If you do not we may register a default against you with credit reference agencies, although we will formally notify you before doing so. This completes our obligations under Section 78 of the Act. They also included a few sheets of terms and conditions.There is my name and address on those terms and conditions but no date. Any advise is much appreciated as always. Thank you:smile:
  8. Have a look and let me know what you think. Any help will be appreciated. http://s911.photobucket.com/albums/ac318/zentrix9/MR%20VIRGIN%20MNBA/ I will be sending a SAR request tomorrow to see what I get back
  9. Hi, EOS solutions have been writing to me regarding a debt they say I owe for a Witt catalogue from 2008. From the statements they have sent me the last movement on the account was June 2008 when they sold the debt. I asked for a copy of the CCA and received this back Is this enforceable?
  10. Hi, I have had a response from Lloyds - they have sent me a reconstituded copy of the CCA. It does not contain a signature, although I believe it doesn't have to contain a signature in order for it to be enforceable. It's for credit card and it has my husband's name and address on it but nothing else. No credit limit on it. That was document 1. Document 2 was entitled 'Your Lloyds TSB Credit Card terms and conditions. Applicable from 26th November 2011' The account was defaulted on in 2004. They have given a statement of the account in another, separate letter stating the balance, credit limit,current monthly interest rates, arrears and further payments to be made. They state they have sent us a copy of the Signed document - but it is not signed. My husband owes them £896 - we have previously offered £330 as a F&F settlement which they have refused. I'm not sure if we can do much more - they insist that this is a legally enforceable debt. What next? Any help would be appreciated. Roar.
  11. Hi Everyone, I submitted a CCA request to ARC Europe back in May 2012 and didn't hear back from them until now. They have submitted reconstituted agreements, but the details are wrong (address on one document but not the other). How do I best respond without giving them the opportunity to simply copy and paste the right address and resubmit? Also, am I right in thinking the agreement should state the credit limit i was given at the time? Because this is generic and contains nothing apart from my name, an address and an [x] for where my signature would be. Any advice or pointers to other threads gratefully received. Thank you
  12. Hi, I issued a CCA request to a Motormile acting on behalf of a PDL company. They responded with a reconstituted agreement with the following differences: The agreement number does not match Numerous terms and conditions do not match For example, the reconstituted agreement allows for fees and charges to be added to my account that weren't allowed by the original agreement [*]The original agreement did not have the creditor's signature, the reconstituted one does My name, address, APR, and credit limit are all the same as the original agreement. Where do I stand with this? Can I send an 'Account in Dispute' letter and then use my strengthened position to negotiate a F&F?
  13. hi, Please, I would like to know exactly what i should have received as a reconstituted CCA request from lowell portfolio. The situation i have is: 18/03/13, I sent a CCA request to lowell for a barclaycard account. 14/05/13, I receive a reply to my request and states, after liaising with barclaycard in an effort to obtain this document we have been advised that this is no longer available due to the length of time since the account was opened. Also it states they are closing my account and not make any further contact with me concerning payment against this account unless the copy of the agreement is received at some point in the future from barclaycard. 17/05/13, I receive a letter from lowell saying, We are in receipt of your recent request for a copy of your agreement.Your O/C has provided us with the attached reconstituted copy of the credit agreement you entered into with them, which they confirm you would have signed prior to the granting of credit to you. Under section 77/78 of the CCA 1974, we are not obliged to send you an exact copy of your signed agreement. We have now fully satisfied our obligations required following your request under the CCA1974 Blah Blah Blah, We would also confirm the following information as required by the above act. balance payable against your account £1484.19 current state of your account: defaulted. What i have received with this letter as what they say is a recon copy of the agreement: An a4 with my name and an address (address is my fathers address, i have never lived there) a box with written inside YOUR RIGHT TO CANCEL, once signed .you'll have short time to cancel and so on etc. Barclaycard agreement A copy for your records sheet (in the top right corner a little cancellation form to fill out). a sheet about;Barclaycard conditions of Use, a copy for your records. Barclaycard terms n Conditions sheet. A supporting letter from barclaycard dated 18/04/13 (see attached scan)[ATTACH]44074[/ATTACH] Please could you advise on this matter, is there things missing that should be in this recon agreement, it just seem right to me but i havent got a clue thats why im asking for help. kind regards mark.
  14. Hi, we are struggling to pay various debts at the moment, we have approached most asking for reduced payments, interest freeze, etc. However, CCA'd Next and they have openly admitted (in writing) that they cannot locate a signed credit agreement, please see http://freepdfhosting.com/626c0a8d51.pdf for full masked response from them. They also sent me some sort of account summary, which shows "Total Sales TD"of over £8000 which i assume is total of goods purchased, and "Cash Since Start" of £8700, which i think means i have paid them more than the value of the goods purchased ( have been making minimum payments for almost 10 years), but not the approx 30% interest they like to charge, which leaves the outstanding balance of approx £900 I'm unclear as to whether, in the absence of a true signed CCA, I am liable for the amount outstanding, given that i don't believe i ever signed a written credit agreement when i first bought goods from them some 10 years ago, and i have paid them more than the total value of any goods. Can anyone advise my best course of action in response to this letter please ? They have also obviously contradicted themselves by stating that the true copy must include "original name and address of the parties" which it does not (are they simply allowed to reconstitute another CCA which does ? or are they limited to 1 attempt to reconstitute it ???)
  15. Please can anyone advise me as Barclays have not agreements to send me just a copy of T&C nothing else and the letter below. Dear Mr XXXXXXX Reference: Sec 78 of the CCA 1974. Firstly, please accept my apologies for delay in response and for the inconvenience this may have caused. I write further to your letter and the enclosed £1.00 requesting a copy of your executed credit agreement for the above account. Please find the following documents enclosed: A copy of your original Barclaycard agreement at the time you opened you account. As your account is now in a recovery programme, further information relating to the current state of your account can be obtained directly from your Debt Management Agency. The information we must provide to you under Sec 78 is prescribed by the CCA 1974 and by the Consumer credit (cancellation Notices and copies of documents) Regulations 1983. This completes our obligation to you under Sec 78 of the CCA 1974. Your sincerely Court Orders and disclosures Legal and Regulatory Compliance Department
  16. Hi all, I'm new here, hello to everybody and I hope you can help me out. I received a letter from Fredrickson International in early December 2011 regarding their client Arrow Global requesting full repayment of a debt of £****. (Just under £3000). This dates back from when I was a student , my world fell apart for several reasons, I could not afford to pay my student debts and so a quite bad spiral began. I replied with a template letter, contents below. Re:−*Account/Reference Number **************** Your ref:- ARR/******** This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.* I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply. If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.* Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. With reference to the above agreement, I/we would be grateful if you would send me/us a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.* I/we understand that under the*Consumer Credit Act 1974 [sections 77-79],*I am/we are entitled to receive a copy of any credit agreement and a statement of account on request.* I/we enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974. Note that these funds are not to be used for any other purpose. I/we understand a copy of any credit agreement along with a statement of account should be supplied within*12 working days. I/we 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. I/We look forward to hearing from you. Yours faithfully I received a reply from ARROW GLOBAL dated 22/12/2011 We thank you for your communication regarding this account. We have referred the matter to our client and will revert to you as soon as we are in receipt of instructions. In the meantime, we confirm that we have placed the account on hold. Yours sincerely Fredrickson International Ltd. I then received a letter from ARROW GLOBAL dated 28/12/2011 saying "We thank you for your letter dated 10/12/2011 addressed to our external agency Fredrickson International, which has been forwarded to us for our attention as assignees of the above account, which we received on 28/12/2011 and acknowledge your request for documentation pursuant to the Consumer Credit Act 1974. We do not accept that we are the creditor as envisaged by the above statute. However, we are willing to assist in abtaining that which has been requested. We will now process your request for documentation from the creditor and will revert in due course. We confirm that all collection activity will be suspended pending provision of the documents. We return the payment of £1.00. Your sincerely, Arrow Global." I still have the original postal order they returned. I then heard nothing until today, 23/10/2012, 10 months later when I received another letter from Arrow Global, "Dear Mr ******, DEBT OWED TO Arrow Global Guernsey Limited Assigned by RBS (Account number ****************) In response to a request for a statement under section 78 of the Consume Credit Act 1974, we enclose: 1. Agreement 2. Terms and Conditions 3. Statements The Office of Fair Trading deems reconstituted agreements acceptable for situations where an original copy is unobtainable. OFT guidance on requesting information about credit agreements can be found under Credit Agreements at http:/oft.gov.uk. In December 2009, the High Court ruled that a true copy of an agreement does not need to be a photo copy or an exact copy of the original. A creditor is allowed to provide a reconstituted agreement, as long as that version is accurate and contains all the original information contained in the agreement, apart from a few exceptions that the law allows, which includes the signature, signature box and date of signature. We confirm: a. the account is in default; b. The total sum outstanding is £****.**; and c. The amounts which will become payable comprise interest and costs, depending on what enforcement action is taken against you; Please now provide your proposal for repayment of you debt.; Failure to do so will result in the continuation of collection activity, which in your case may include litigation. Telephone the number below to make arrangements to pay your debt. *** ******** Yours sincerely, Arrow Global." Now I am confused, they said they were not the debtors and now they say they are. They have taken a very long time to come up with the reconstituted documents, is this correct and can they go to court with this and succeed? Are they allowed to put this account on hold like this? I thought there was a time limit for their replies ie. the 12 days? Please can someone give me a little guidance here? Thanks very much, Traintester
  17. Hi am currently trying to help someone with a CCA request. We have received a letter back that says "I have enclosed with this letter a copy of the reconstituted version of your executed agreement and a signed statement of your account. By providing you with the documents attached to this letter, we have satisfied our obligation to provide a copy of the executed agreement under section 78. There is no requirement under the CCA to provide you with a copy of the original signed agreement, b ut notwithstanding that fact, please find enclosed a copy of the front page of the original agreement proving your signature. The prescribed terms of the agreement would have been validly incorporated into the agreement on the reverse of the enclosed sheet or a seperate attached sheet." Is this right?
  18. The OH sent a SAR to M&S. Their reply said the accounts (1 x Personal Reserve and 1 x Budgetcard) were closed a long time ago (2000) and they no longer had any records. The OH sent a reply arguing that they still had my records (from an account opened in 1986 and closed in 2000). Demanded that they send the necessary information. Eventually M&S sent some information printed from their computer system (including name, address, marital status, home and work telephone numbers, occupation, bank account number and sort code). They also sent a reconstituted agreement and application for the Personal Reserve account (but not the Budgetcard). The form contained the OH name, address and date of birth. Everything else was left blank (despite having the necessary information on their computer systems). As part of the agreement and its terms/conditions, it refers to the complaints procedure. To complain about PPI the agreement refers the debtor (my OH) to the GISC. To complain about any other aspect of the Personal Reserve my OH should refer to the Financial Ombudsman. I know that Carey v HSBC allows for reconstituted documents. However, the accounts were opened in the mid 1990s and closed in 2000. The GISC and the FOS did not have responsibility/come into being until 2001. Any advice as to how to respond to M&S given they say that the OH agreed to something in the mid 1990s that did not exist until 6 or 7 years later...?
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