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    • Should I go to see the CAB or something? I just don't think I have the strength or brain capacity to deal with all of this. The mess I have gotten myself into is bad enough and now this on top. My head hurts. What should I do?  It's all very horrible, I feel genuinely scared and stressed because of all this. I don't understand what is going on   I have raised a dispute with Santander to see if they have done something. I have just explained my situation, what is happening and that it all seems to have started when I told Santander I was struggling, had approached StepChange and transferred my direct debits etc to Starling. It was all going well with Starling, I actually really liked it, but now everything has just gone to !!!!!! and I feel sick to my stomach  
    • Hi All,   I was going to post an update after a month had passed since I sent my SN but didn't get around to it, after about two weeks I received a letter from Highview letting me know the opportunity to appeal had been missed, Shame, lol! .... Anyway, on Sat 13th (the 13th! Aaarggghh! 🤣) I received a Claim Form from DCB(L) .... seems they wish to pursue the matter through the courts! These people really are tiresome ....   Details to follow ....   (EDIT: just noticed this is the 13th post as well! .... not that I'm superstitious, lol! 😂)
    • I have just checked Experian too and there is nothing on there about CCJs or any other suspicious or adverse info that would impact me like this, other than my present situation of course.   Bankruptcy, CCJ or IVA This includes court judgments (CCJs), debt relief orders, bankruptcies, individual voluntary arrangements (IVAs) and other public records recorded against you. You have no public records. GAIN (Gone Away Information Network) Lenders use GAIN to tell each other about customers with unpaid debts. If in the past you’ve left unpaid debts when living at a previous address, you may appear on GAIN and so lenders may be less likely to give you credit. You have no GAIN records.
    • I think I might have had a CCJ but it was way longer than 7 years ago and I have been able to apply and get loans, credit cards etc. I have been pretty fine with my finances until now, until this mess I managed to get myself into this year   There is nothing showing on the TransUnion credit report about an old CCJ. Is there another place I can look to see if there was one and if so how long ago?  I have signed up to TransUnion and on there it says (in Search History):   ORGANISATION PURPOSE DATE Transunion Consumer Id Check (Ml)   Identity Check for Credit 15 Apr 2024   Nationwide Building Society (Sr,Tac,Ct,Cval,R) Nationwide Building Society Bav (Cval Ml) Anti-Money Laundering 11 Apr 2024   Monzo Bank (Cosmos, Cr, Sa, Ar, Ct Batch) Monzo Bank Limited 2 (Cosmos Ar) AF 10 Apr 2024   Monzo Bank (Cosmos, Cr, Sa, Ar, Ct Batch) Monzo Bank Limited 2 (Cosmos Cr Bsb) Quotation Search 10 April 2024 I think AF means a financial association with someone or something, but I have just read that that could be something as simple as sharing an address with someone (which I do).    Public Information Details of any Bankruptcies, Insolvencies or Court Judgments that are in your name in relation to settlements of money. Bankruptcies and Insolvencies You do not have any Bankruptcies or Insolvencies on your credit report. Judgments You do not have any Judgments on your credit report. There are no Cifas markers registered against you. You do not have any Notices of Correction on your credit report. Does any of this make sense? I don't mean the information I have provided above, I mean why I am being rejected by every bank I have applied for, except Monzo (so far) Every loan I have ever taken out has been paid and settled on time, I have never missed payments on things. The only things I have outstanding at the moment are the ones I listed at the start of this thread when I completed the budget planner. 
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Link Financial - Restricton on property


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Hi, wondering if anyone can help me, my story is that 8 years ago my wonderful ex husband decided to walk out and leave me with our 2 young children, in doing so he cancelled the mortgage repayments and also stopped giving me any money towards bills, I had to leave my job and go onto benefits I saw a solicitor regarding a divorce and also contacted all my credit companies and offered £1 a month token payment, I received 2 CCJs of which 1 is completely settled and the other my ex husband is paying as laid out in the divorce settlement.

 

Over the last 7 years I have got myself back into part time work, have upped my payments and settled what I thought to be all my creditors, I have met a new partner and we remortgaged to get ex husband off of the property. Beginning of this year I had a letter from Link Financial stating that I owed them just over £1,000 I questioned this as I really thought I had settled nearly all my creditors (had one left which only had a few months remaining at £40 a month). They sent me a statement showing the debt (MBNA) and the payments I had made up until 2003. As me and my partner recieve the higher element of CTC (we have 3 children between us of which 2 are with my ex husband) I work 11 hours a week and my parnter has his own business which is struggling, we also have high mortgage payments as we have a self cert mortgage currently at 9.10% which we are tied into for another 18 months, I was told I could make payments at a minimal £5 a month with a view to increasing it to £50 when my other creditor was paid off end of august. However over the last year our mortgage has gone up and up and we have now had to go to interest only (currently £875.00 per month).

 

I phoned them last week to say that I could not increase to £50 a month at present but would continue to pay them £10 a month until after christmas and would review it then and hopefully the interest rate would have started to come back down again and I could offer them more.

 

Yesterday I received a letter from them saying:

 

We note that you are considering offering your consent to a notice being registered on your property to secure the outstanding balance (996.13) this will prevent me from selling my property without the balance being paid to link financial, I have 14 days (well less than that as letter was dated 16th Oct and royal mail strike has held it up). If I do not agree they will adop legal proceedings to recover the outstanding balance and I will incure extra costs at 8% per annum and then a final charging order issued. They state that:

 

No interest will be applied to the account

No additional costs willbe incurred by myslef

we WILL NOT apply to the court for an Order of Sale nor indeed an Order for Possession of your property.

 

All the above if I agree to the restriction order.

 

I phoned them and it got a bit heated with me being quite nasty (sorry but thats the fiery leo in me) I said that the property was not only in my name and they said that I would need to get my partner to sign too, I also said that what if I was to try and increase my payments they said it was too late now as I had broken the agreement by not increasing it to £50 at the September payment.

 

Now we have signed the form and its sitting on the side ready to send back to them should we do this, I know that we wont be remortgaging or selling for at least 18 months and hopefully I can get it paid off by then, but will this still show on future mortgage applications we make? also I am now really worried that they will make us sell the house even though they have written that they wont, my parents could lend me £450 should I offer this? I dont want to do this though as they make think I can afford to offer more money, still have to make monthly payments yet still go ahead with a restriction on the house.

 

Sorry for it being a long one, thanks for listening.

 

Michelle x

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OK look in template library for a CCA request and send it by recorded delivery with a £1 postal order

NEVER talk to these people on the telephone

 

as to restriction on house have you been taken to court over this debt? if not then they cant do jack

If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

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soz just seen this

we WILL NOT apply to the court for an Order of Sale nor indeed an Order for Possession of your property.

 

it complete load of bull, they cant do this without a court order,

 

SEND the CCA ASAP like 2morrow and send NOTHING else,

 

lol p.s welcome to CAG you ARE in good hands and there are a lot of people that will offer you help :)

If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

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No I havent been to court over this debt, they state if I dont agree to the restriction within 14 days;

 

We will initiate legal proceedings and shall enforce our judgement by way of a final charging order, we would then proceed to register the final charging order in the form of a restriction. For the avoidance of doubt consent from yourself or any proprietor of the property will not be required should we adopt this course of action. We would prefer not to adopt legal proceedings to recover the amount because that course of action will ultimately invovle you in incurring significant additional costs in the form of court fees and interest being applied.

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Get the CCA (Letter N) sent to them asap. This will put the account into dispute and they can not do anything then. After 12 WORKING days (assuming you send it recorded) you can if you wish, stop paying them.. But make sure you get that CCA sent asap!

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ok, you must send the CCA ASAP then if they start legal you can just turn round to court and tell them you requested the cca and they will stay court for a while so we can get you sorted out.

 

do not agree to anything do not sign anything.

 

I would assume that you have had a pile of charges along the road? if so after CCA sorted we will help you claim back these charges so you get the enjoyment of taking them to court :D

If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

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all of us on this site have had problems along the way, we have all found CAG and when ever we get a threat letter through the door all we now do is laugh.

dont panic

dont be scared/affraid

dont pull your hair out

most important NEVER speak to them on the telephone, that will try to intimidate you into paying more, this is point blank harassement, should they phone you just say "put it in writing" and hang up

If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

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Hi Michelle

 

CCA and that will put the account into dispute. I would advise, as Mrmarmite and Mollyr0x to send a postal order (not a cheque as you don't want them having your bank details:eek: ) and don't sign the letter (as you don't want them having a copy of your signature ;) ).

 

This will put the account into dispute, until they can provide you with a true signed copy of the original agreement.

 

Link have been looking for mine for months now and I'm hoping they don't find it!!!

 

Have a read of my thread (I still don't know how to do a link (as in link to the thread and not link financial :D - hopeless I know), but if you search for jaxads, you'll then be able to see my link thread). I'm now just leaving them now to dig themselves into a bigger hole!

 

If they don't comply to your request within 12 working days (plus allow 2 days for postage) any payments to the debt can be stopped. If, after a further 30 days they've still not complied, they they are committing a "summary criminal offence", which basically means they're in deep poop!!!

 

You're definitely in the right place here to start fighting back!!

 

Good luck.

 

Jaxads

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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just to emphasise CCA 12+2+30 =

 

12 WORKING days

2 Postal time (assume it send by 1st class recorded or special delivery

30 CALENDAR days

If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

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This letter (N) will put the account into dispute. Unless they have the CCA they cant do ANYTHING and they know it. They may however send you letters telling you otherwise.

If your ever unsure, post here or just keep us upto date on this thread :)

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The £1 postal order is for the CCA which you do have to pay. You also need to keep paying them until the 12 working days has expired. Then and only then you can stop.

If you send tomorrow, 9th November you can stop payment.

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NO the £1 it the max fee for the CCA you are not making anypayment into the account,

dont send anything else

If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

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at the end of day with reguards to the CCA letter, IF they FAIL to send agreement you can then tell them to go take a long walk off a short pier.

 

they like to threaten people because they think that you dont have a clue to your legal rights.

 

WE DO as said b4 WELCOME to the Consumer Action Group (the people who like to create hell for debt collectors) :D

If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

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Also why only £1 postal order, should I not send them £5 still (or the £10 as I agreed last week), also regarding bank details they already have mine as they have been taking a SO for the last 8/9 months now.

 

The guys are advising send the CCA request to Link, which can be found here;

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html#post162367

 

This request needs to be accompanied by payment of £1 which is the maximum prescribed fee, we advocate using a postal order so that you aren't sending them a copy of your signature. A credit agreement request should also be sent using a minimum of 1st class recorded deliver, or special delivery if the cost isn't a problem. I would use SD for link.

 

Hope that clarifies... :)

 

Regards, Dave.

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30th July 2007

Reference:

I require you to supply the following documentation before I will correspond 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 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 cheque in payment of the statutory fee, Serial Number 001248

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Yours sincerely

If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

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lol i like my version better, it shows that you mean business

If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

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