Been a Mug!!! Need Urgent Debt Help

[blossomgreen]

Okidoke I will do that. Thanks for the letter too. I will send it tomorrow. I will start a separate thread with Mint although there is no signature just a box with a tick in. I will put Tesco's on here. Thanx again.

[underdog13]

Hi Blossomgreen,

 

I CCA'd Tesco, Natwest, Mint and Barclaycard, too.

 

I got an application form from Tesco (no prescribed terms) and nothing from Natwest and Mint; the opposite way round to you! I wasn't sure if Natwest didn't have one or was just too lazy to access the microfiche, but from your results, I'm beginning to think they don't have mine.

 

Don't want to hi jack your thread, just wanted to let you know that Tesco is sending out whatever paperwork they have got (however unenforceable it is), so hopefully they have lost yours.

 

I did read on another thread that someone got their Tesco CC balance written off when they couldn't produce an agreement - might be worth a try.

 

Best of luck to you:)

 

I didn't get any response fom Barclaycard either. A friend of mine just got a blank agreement and T&Cs - seems that's standard for them at the moment....

[Goldlady]

Tesco sent me a printout of what my agreement would have looked like!

 

I think Natwest/RBS have set up a specfic department for CCA requests. Which probably explains why the same person has responded to all three. I sent a CCA request for a friend to Intrum Justicia re a NWB account and was given a special dept at the Natwest to write to.

[blossomgreen]

Well I will do my best to upload letters asap to get your opinions. Yes I checked the letters from Tesco nat west & mint ana all are same letters from same named worker. However each one has different results. I cant believe the diversity of them all.

 

They all seem like mickey mouse outfits to me. They deserve to get stung for being such imbeciles when they cant even sort out sending the correct OA's and they all came from the same person too. The caseworker who was pp'd btw must think its crazy too!

 

Ill update the outcome from Barclaycard when I hear. Seems like the battle is just beginning lol

[blossomgreen]

Does anyone have any views on just having boxes ticked on CCA's too? No signature. Must have been done online. The form says I am bound to agreement by ticking box. But surely anyone could have applied in my name???

[underdog13]

Was your mint account taken out online prior to 31st December 2004? Due to changes in the regs, ticks are acceptable as a signature after this date.

[Goldlady]

OH had a ppi on a card where the tick in the PPI box was in a different pen to the rest of the agreement, although he had actually signed the PPI part - done in a well known DIY store;). We have argued that he did not agree to the PPI and that he signed where he was told and that the tick was added later.

 

They took us to court for the o/s balance and then backed off. We would never have agreed to PPI - we have both been self employed for 15 years so no point whatsoever.

[blossomgreen]

the mint card was taken out on line 18months ago so looks like that is a valid one then. Had a default letter from them this morning. need to look at the ppi stuff more closely. will update as soon as. Thanx again folks

[underdog13]

Sorry to be the bearer of bad news, BG. Hope the PPI issue is of some help to you:)

[blossomgreen]

NO problem underdog. Im just glad that someone is giving me the right info so i know how to proceed

[mashmallow]

Hi,

 

I was just reading this thread and do feel so sorry for you but this person Rory is a tower of strenght we can get out of financial distress we have to be strong as long as we are truthful, then we have no worries. They can't have what you ain't got. I am with the CCCS and they often say that I should go Bankrupt but I will not, my debtors will get what I can give and no more. I have a house but fortunately or not fortunately is not on my name so they can't touch that.

 

Kepp your chin up and take one thing at a time

[blossomgreen]

Hi there all

 

My chin is still up thanx moxtly to all on this thread. Update as follows

 

No CCA back from Barclays therefore I have sent THE letter...I acknowledge no debt to you etc etc. (it aint stopped em calling me though- this resumed about 2 days after my telephone interview with CCCs)

 

I am going to take this path for a DMP as it seems obvious choice and tbh when i told them that I was challenging 3 credit cards they said that I was doing the right thing.

 

I have to admit I have copied all my CCA requests and have been religiously through the CCA agreement link about enforcability and unenforcability etc and Be Jesus it is gettong complicated cos of the disparity of the STUff sent to me. I will upload asap for the knowledgable Caggers to look at and advise me but scanner is being a pain.

 

Can I ask in the meantime.....hopefully my thread hasnt been lost in the massive world that is CAGDOM. I have received default notices on 2 cards who have not sent me the right info. What do I do?

 

Also how do I stop CCCS paying my debitors that I have listed who havent provided the CCA on time? Do we ignore them. I am pretty sure Bcard and Tesco and now even Nat west(who sent an app form) have not got the right info.....it amounts to £13500. Mint sent me the right details and I am haooy to enter into a proper DMP with them but anyone who has made boobies well I wanna contect it to the hilt.

[blossomgreen]

Soz about spelling! new lap top...! work bought me! Not on credit!!! but its fab and gotta get used to it

[creditcardmug]

Dont worry about your thread getting lost, every time you or anyone posts it goes to the top, and appears in the user c/p of anyone who is subscribed to it.

Just carry on with the dmp with cccs at least for a couple of mths, before you ask for any of them to be dropped

 

You need to post up the Default Notices, for us to check they are valid (cover up anything which could identify you)

[blossomgreen]

Hi

 

Have finally sorted out scanner and just uploaded my Nat West CCA request info onto photobucket. Please take a look and let me know what your advice is. I will follow this with my Tesco CCA request documents (unless I am advised to start another thread)

 

Please note that the letter on the top is from Mint but is the exact same copy that I received from Nat West. Also they sent me a replacement card recently and Called me Miss Lane (which is not my name) on the accompanying letter which came with the agreement details quoting the 1974 Act etc

 

Please look at the 7 documents below that I received. Please start from the bottom nat west up to natwest6.

 

Thanks again in advance.

 

http://i577.photobucket.com/albums/ss212/BlossomGreen/natwest6.jpg

http://i577.photobucket.com/albums/ss212/BlossomGreen/natwest5.jpg

http://i577.photobucket.com/albums/ss212/BlossomGreen/natwest4.jpg

http://i577.photobucket.com/albums/ss212/BlossomGreen/natwest3.jpg

http://i577.photobucket.com/albums/ss212/BlossomGreen/natwest2.jpg

http://i577.photobucket.com/albums/ss212/BlossomGreen/natwest1.jpg

http://i577.photobucket.com/albums/ss212/BlossomGreen/natwest.jpg

[blossomgreen]

Please note the signature was only on the application form.

[blossomgreen]

http://i577.photobucket.com/albums/ss212/BlossomGreen/natwest6.jpg

http://i577.photobucket.com/albums/ss212/BlossomGreen/natwest1.jpg

http://i577.photobucket.com/albums/ss212/BlossomGreen/natwest5.jpg

 

 

These are bigger I think

[Goldlady]

Well from a quick glance I can say that the application form contains no prescribed terms and is therefore not an enforceable consumer credit agreement - it is an application form. The copy of what may be the other side of the application form with the mailer bit attached does have information about credit limits and interest rates. I can't see if it mentions default charges anywhere, but if it does are they shown as £12. The other set of t&cs whilst I can't see a date on it (usually at the bottom) shows default charges at £12 which was definitely not the case in 2002 when you signed the application form.

 

The credit card mailer does not have enough information on it. There is a section of the CCA 1974 where each time a card is replaced a new agreement needs to be issued (I seem to remember reading somewhere) but that is not an agreement either IMO.

 

It depends on how these documents are linked, if at all. Challengeable I think at the very least.

[blossomgreen]

Thanks Gold lady

 

I went through the thread the other night about enforcable vs unenforceable agreements and despite being a novice I felt that it deffo was unenforceable but then as I looked further I began questioniong myself. Of course they seem to me not to have given me the relevant info that I requested and as a result I am sure that due to time they will not be able to produce a signed agreement in court if it got that far. So I am prepared to fight it all the way with the relevant guidance from caggers.

 

Also what letter would I send now as they ahve failed to give me what i asked for????? any help would be great.

[Goldlady]

This is an old one I have stored, but not sure if there is a more up to date version.

 

 

 

 

 

 

 

 

Dear Sir/Madam

 

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

May I draw you attention to my letter of XX/xx/xx in which I clearly out lined my position concerning this matter. I enclose a copy for your perusal and ease of reference.

 

**CREDITOR** has failed in my lawful request under the Consumer Credit Act 1974 section 78(1) and subsequent Statutory Instruments.

I formally advise you that since **CREDITOR** has failed to comply with the terms of the Consumer Credit Act that as from **DATE** they are in legal default on this alleged agreement. This default means that the alleged agreement from this date is totally unenforceable. **CREDITOR** may not apply any charges, cannot issue defaults, cannot sell or assign the alleged debt or cannot invoke any clause within the alleged agreement.

 

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.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

As **CREDITOR** 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.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

The mere fact that they have passed this account to you while it is in dispute and default is also in breach of the Data Protection Act 1998.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

[blossomgreen]

Thanks Goldlady......

[happyandy]

what credit cards of yours were unforceable i have lloyds platinium 1999 taken out egg 2000 mbna 2002

[blipvert]

in reply to your question, how do i stop the CCCS paying 'creditors' who are unable to supply an enforceable CCA I believe the answer is as follows:

(any old lags please correct me if I'm wrong...)

 

When it is set up, you can access your DMP online, you are able to change any 'balance' to any of the 'creditors' within it. Thus the one's you don't want to pay, you just set their balance to zero. But bear in mind, 'creditors' have access to this data and they are also able to update it.

[blossomgreen]

Hi Just got off the phone from CCCS. They have advised me that the 3 creditors that I dont want to pay as they have not provided me with cca will still have to be included in the DMP. They said that as a charity they do not condone me not paying the debt as I have had the money and merely because the debt is unenforcable then that doesnt mean i dont owe them the money. She also said that as I have been paying the debt so far then I have acknowledged the debt.

 

I asked her about what mozzat said that we can access the DMP online and put it to 0 etc and they said that if that happens it generates a report which will make the CCCS contact the debtor and asky why this was done.

 

The upshot is - if I want a DMP with the CCCS then I have to include the creditors that have not sent me a copy of the CCA.

 

Im flumoxed now as to what to do. Shall I do it myself (pro rata payments etc) or just bite the bullet and pay the CCCS. Any guidance would be appreciated folks.

[cerberusalert]

Although CCCS is a registered charity it is in actual fact funded by the finance industry themselves, so obviously they are paying themselves from the monies you send them, so they will not take kindly to people who are unwilling to pay their creditors no matter how legally unenforceable an agreement may be.