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Found 344 results

  1. 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
  2. Dear All, My neighbour plans to do a side extension which is only 90cm away from my side wall. I wrote to them in Nov. 2018, however they did not reply to me. Today I noticed they had started to take down some solid fences to prepare for the building work. What should I do now for their ignorance? Should I start to take formal process and take them to court? The are not easily approachable (this is why I write to them instead of speaking to them in person). (the letter is attached) Any advice would be appreciated! Thank you. ----------- Dear xxx We hope you are well. The County Council has informed us that you have planning permission granted to extend your property. I have been advised to check if The Party Wall Act is applicable to your building work. I have no objection of your building work whatsoever, of course. However, I believe that we may need to have a party wall agreement in place according to The Party Wall Act 1996 Section 6 (3 / 6m). Please bear with me if this is already under your consideration. It’d be great if you could let me know the following at your earliest convenience: When would you like to start your building work The depth of the foundation of your extension When you could provide a party wall notice We are happy to discuss appointing an independent party wall surveyor to make sure everything is fine. Surveyor Mr xxx has been recommended to us: .... .... For your information, I have enclosed a copy of the relevant section of the Act. I look forward to hearing from you soon. With best wishes
  3. Firstly a bit of background. I have a secured loan with blemain finance (we all make mistakes:-x) It was taken out in may 2007 and is for £10K also it is cca regulated. They have added over £4K in charges in just 2 years, I have requested the charges back and after lots of letters i have they're final bog of letter. so i am now debating whether to take then to court for unfair credit agreement or go to the fos, i have phoned the fos and they have taken details and sent me out the forms to carry on with my complaint,but as yet i have not sent them back.so i have all options open to me and some advice in which way to go would be appreciated. Also i have a suspended possession order after they went for repossession, now the thing is i think when they took me to court they first sent out a default notice, but i think that it is non compliant and would like a second opinion,and some advice on how to deal with a suspended position order that they got on the back of a dodgy default notice. my issues with the default notice are a]That they didn't give me 14 clear days to rectify. b] No specific date to remedy (they say 14 days from date of letter) c]The paragraph saying that if you dint understand this then seek advice from CAB is missing the following is word for word what it says on the default notice and the only date on the notice is at the top of the page. 1] To remedy the breach you must pay the total arrears of £xxx within days of the date of this letter. 2] If the action required by this notice is taken before the 14 days, no further action will be taken in respect of the breach. 3] if you don't take the action required by this notice before this date then the further action set out below may be taken against you. 4] FURTHER ACTION: on or after the date shown above we shall apply to the court for an order for possession and sale of the mortgaged property. so any advice on how to proceed with this would be greatly appreciated and thanks for looking. welshperson (from bridgend:-))
  4. Hi all, I have submitted a GDPR request to Cabot for an old credit card debt which I was paying of as part of a DMP I had until a couple of years ago (and stopped paying as I did ask for the CCA and cabot did not comply). Cabot provided all the information they “had”. They provided (as part of the GDPR the CCA ) however there is no mention or any confirmation that the debt was passed on to them or any correspondence made by them that they now owned my debt (i.e from the previous company, initially Egg, then “according to the notes I could find from Cabot “ idem but absolutely no mention of any communication of either purchasing the debt or correspondence made to me notifying that they were the “rightful” owner” … .not sure if the above makes sense .. I was under the impression that a Debt management company had to prove that they actually owned the “debt” and had to ensure the debtor was notified IF the debt was sold or no? Also it seems that several letters which I have received were not attached to the “GDPR” documentation (thought again they had to provide a copy of any correspondence sent?)
  5. Hi, Im trying to unravel my late father's very complicated finances, as I'm his executor. I found a letter from Hoist Finance dated from last year stating they own the account, with an outstanding balance of £2131.92. When I phoned to say he'd died they told me it would be passed to 'Philips and Cohen' - this was mid-January and I've heard nothing (luckily). Having read these forums I then wrote to MBNA requesting all his account data but they replied stating the 'GDPR only applies to personal data relating to a living individual'. is this true?There's also a letter relating to another MBNA debt from Link Financial, so they have sold the two on. I need to know how old these are etc. Letters scanned and attached. The reason I'm confused is I've also written to Santander (using the same template letter) and have received all the loan info so they obviously have different rules! - I'm not willing to settle anything unless I know how old these debts are and what they relate to. We couldn't find any paperwork at my Father's house. Any advice as what to do next - I did send certified copy of probate certificate with my requests. Many thanks for reading! scan0041.pdf scan0040.pdf
  6. Happy New Year to all! I have contacted HSBC using their online contact form about PPI that i took out with an old Marbles credit card. They have replied giving a credit card number and the start date, the also confirm PPI was paid. Reading other posts I see its best to start with a SAR request, can anyone advise the current address for making SAR requests or is it the standard complaints address : HSBC UK Bank plc, Complaints Department, POBox 5207, Coventry, CV3 8FB ​Thanks in advance
  7. .. 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.
  8. 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
  9. 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.
  10. Is the new GDPR SAR template suitable for a medical records request from a GP without any specific alterations? Thanks.
  11. GDPR, In 2018 I sent a request for CCA/Prove it letter to Idem they never replied or sent the info back. However they kept sending letters/calling to contact them etc, duly ignored as the CCA request was not fulfilled. About 10 weeks ago they sent a letter stating that as they could not get hold of me they decided to pass ALL my details to a company called “callresolve”. After 5 weeks I received a letter from callresolve stating that my details were passed on to them by Idem and that they will send someone over. About 2 weeks ago a lovely (sarcasm!) gent arrived at the house, all with a long black coat (not making this one up I swear) and a lovely badge from “Callresolve” anyhow, as he did not look like your average postman, I asked what he wanted. He said before he could tell me he had to “confirm” my details… I said “ah ok that would be good” and he started “if I could confirm the address” (yes that was right on the front door), I looked at the house number and pointed out at the street sign outside…. He said it was process, then (and this is where it gets quite interesting) he asked for my Date of Birth (to which I replied , I had one and I was happy with it). Anyway at that point I also added that he could “Jog on” and to ensure his coat would not get stuck on the porch. The question is, as Idem ignored any “prove it letter” or even CCA and without my authorization they passed on my private details to a third party. Are they in breach of GDPR guidance. As I thought under the new regulation ALL information can only be passed to third parties with someone’s explicit agreement (I never gave that agreement to Idem. I also got rather annoyed and called Idem, told them that I was still awaiting for the CCA and prove of debt (i.e deed) they said they were not obliged (rightly so I believe, ) to send me the deed of assignment however I asked them if they could confirm and send the confirmation of when they told me of their “Ownership” of the debt, they stated as it was sent in 2009 they did not have a copy (?) Could someone confirm what information I could ask for and if anything else I should be weary of? Idem seem to have got hold of a phone number which I seldom use, and also an email address which I used to set up a DMP years ago (but was still going on last year but NOT for Idem)….are they under obligation to let me know how they got hold of my data and who provided to them? Is there a template for GDPR ? and also what is the process to lodge a complain and to whom? The ICO (from what I can read, would limit itself to “remind” Idem to comply with requirements) Hope the above makes sense!
  12. 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
  13. Hi we recently asked our landlord for recognition of our tenants association. We received the below late reply, after formally requesting recognition. Would this be grounds to send them a SAR as they say they have evidence on file? Also what would the best way to go about this, we have years of email trails so they shouldn't need to ID us. Thanks in anticipation Desamax Dear M ********, Upon receipt of your email dated **.**.18 I discussed the matter with our solicitors who confirmed that with the evidence we hold on file neither yourself or M****** are fit to be part of this proposed association. This is irrespective of our own views on the matter generally. I will pass on your email dated 13th instant to our solicitors for their perusal.
  14. Evening, I requested a SAR from Co-op, I had a loan from them several years ago. I gave my name, address from when I made the application and the reference number from the loan. They have replied to me saying they are unable to verify my signature(s) after checking my records. They have asked my to provide photographic ID in order to investigate the matter further. Is this normal? Has anyone experienced this with Co-op? I've requested SAR from other places with no issues. Many thanks
  15. 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
  16. 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
  17. My dear Dad who served in WWII and worked all his life developed vascular dementia after suffering a stroke and eventually ended up in a care home. We applied for NHS Continuing Care and was passed from pillar to post as is the case for many. The only asset he had was the ex-council house which I helped him to buy [he had lived there for over 40 years at the time] with my mother. We bought the house as joint tenants in 1985. On my mother's death in 1991 we failed to inform the Land Registry of her death [not clued up at all about these things] so the house was then jointly owned by myself and my Dad. My Dad went into a care home in 2006. The local authority [LA] rejected the claim for NHS Continuing Care and took all my Dad's pension leaving him with a few pounds each week. As I was the joint owner of the property with my Father the LA kept sending me bills for the shortfall in his weekly care home fees. Upon my Dad's death in 2007 the LA continued to chase me for the shortfall in the care home fees amounting to thousands of pounds despite my stating I was pursuing a claim for NHS Continuing care. Earlier and unbeknown to me the LA had put a charging order on the house [sending 3 letters - one to my deceased mother, one to my father who was in the care home and one to me [living 200 miles away] we didn't pick up the letters until after the deadline for objecting had passed as we were obviously up and down the motorway visiting my father in the care home. Since then I have completed various questionnaires and sent loads of emails to no avail and no resolution of this issue. The demands for payment from the Finance Dept. stopped in 2014. I've not heard anything since. My questions are: 1. Does the charging order made by the LA against the property have an expiry date? I have seen something about 12 years? 2. If the Finance Dept. has stopped chasing me for payment - where do I stand now? Is the debt written off after x number of years? I maintain my father was fully entitled to NHS Continuing Care and I will continue to fight this - he died in 2007 - I haven't heard anything further from my last appeal I think in 2014 - it is very wearing. Meanwhile I can't sell the house [the charge on the house means the LA will get their hands on the money to which I vehemently object] and am letting the property out to tenants which is a whole new world of pain. I also foolishly paid someone to act as my advocate and of course he took the money and did - feel very let down that he could take advantage of people when they are at such a low ebb. I know I'm not the only person to fall prey to this person. Any advice gratefully received. Thank you.
  18. 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.
  19. I've been asked by a neighbour to see if I can find any contact details for a mortgate broker called Key Consultants, who I'm told provided advice and / or an intruduction prior to her obtaining a secured loan and PPI from a company called National Home Loans. She's been advised she may be able to claim PPI compensation, however the mortgage company has rejected her initial approach and stated that a 3rd party provided advice upon which her application was based. I've serched for 'Key Consultants' online and on the companies house website, and come up with a large number of possibles, but nothing conclusive. Can anyone point me in the right direction ? Many thanks in advance.
  20. For anyone that might be interested a simple online process to obtain data they hold on you . https://www.gov.uk/guidance/request-your-personal-information-from-the-department-for-work-and-pensions
  21. Hi, I sent out a CCA request to DLC, who were collecting for an old Egg debt; I have been paying £1 token payments to them every since the account defaulted over 6 years ago, and due to having moved house a couple of times since, have completely lost track of what has happened with this as the standing orders were set up to come out automatically. Last week I received a response to my request from DLC stating "we returned the account to Egg in July 2010, who have since ceased to trade. We assume that your account has been acquired by a third party company and we suggest you contact them". I have no idea who to contact about this now! Any advise as to what I should do next? If Egg have ceased to trade, then where has my £1 a month been going?!! Many thanks AM
  22. Hi Caggers! I have a friend who is at the end of her tether with Scottish Power. She has a Gas Key for prepayment, however, has not used gas for approximately 6-9 years, possibly longer. This was due to the boiler breaking down and this was the only usage of gas, therefore she only uses electric immersion for the water heating. SP sent an invoice for money owing and after she quizzed them due to none usage they told her it was for X amount of standing charges for the gas meter. The agent for SP told her to ignore the bill due to none usage of gas and therefore she accepted that until she received another demand. Once the next agent told her a different story she requested the gas meter to be removed from her house. This request was made approximately 6+ years ago and was never actioned, until April 2018.Now of course they are demanding the standing charges for the last 6+ years at approximately £465. After numerous calls chasing up the removal and she was always told they were going to send somebody to do the removal. After many years of waiting they now sent her a bill for the entire periods of standing charges, which she disputes as she requested the removal, common sense eh? Now due to the hassle factor she has agreed to pay weekly when she tops up with her Electric Key to stop the hassle, but they do not appear to register these payments against her account as they have now issued a DC to chase her for the 'debt'. Now she contacts SP to inform them she has already made 3 payments to the account which they confirmed, but since then they know nothing of these payments and the DC keeps hassling her. Firstly, can she fight SP to actually cancel this debt in the first place as her request for removal was ignored? Secondly, how can we get this monster of a company to realise her payments already made need to be linked to her 'gas account' although she never buys gas? Any help would be greatly appreciated. regards stuscfc
  23. Good afternoon everyone, I sent off a CCA Request to Santander regarding a Debenhams store card, and got the following back. Does this mean they do not have an original copy on file. The card was originally run by GE Money and sold on to Max Recovery after I took out an IVA in 2012, or should I have written to GE Money or Max Recovery. Any help appreciated. img004.pdf img002.pdf img003.pdf
  24. Hi.. Sent a SAR request last week to Lowell for a Vanquis CC debt and Halifax loan . Got a letter back today to say they have received and sending all paperwork from when they purchased the debts but if I require anything before that i need to SAR the OC. Surely as the supposed owner of the debt they should contact the OC or have all original paperwork such as statements etc sent to them once purchased ..or do I indeed have to contact OC ? Wanted to check before I send a curt reply letter back to Lowell
  25. Hi there, Yesterday I received a letter from Lowell & 118 (together in one envelope) that Lowell are now the new owners of a 12 month unsecured loan I stopped paying in November 2015. During this period I also defaulted on 4 loans with 4 different payday companies however by now I have taken care of all but this one. I fully intend to take care of the last of my mess which rules out the PROVE IT route but there are a few stumbling blocks before I can do so. After checking my credit report I notice a second default has been placed on my account. How do I go about getting this removed? After also checking my credit file I notice that the original default placed on my account by 118 was not placed until 28 months after the account went delinquent despite ICO guidlines which state that 'accounts should be defaulted 3-6 months from last payment date'. How do I go about getting the original default accurately recorded to early 2016? (Giving me a clean slate in early 2022) I would like to thank you ever so much for taking the time to read through this thread and any input will be greatly appreciated.
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