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    • Hello   I agree with dx100uk.   Send them a CCA request which is a request for them to produce the original agreement that gives rise to the debt.  They have a limited amount of time (I think around fifteen days) to send you the document.   Here are the possible follow-ons from that:   1. They don't respond within 15 days and so you are legally entitled to stop paying until they do send a response. 2. They send a letter saying they have gone back to the original creditor to ask for the document and they need more time.  You (legally) stop paying after fifteen days and don't pay them again until they send proof. (This is the most likely first response as they wont have any of your documentation as they bought your debt as part of 1000 others on a spreadsheet on a CD ROM or USB stick). 3. They send you something that looks like a contract or which might be something else that they want you to think is the contract within the time frame.   After either of the above  whatever they send you should be referred back here for an assessment as they will often send you unsigned documents or made up bits of nonsense.  Even if the contract turns out to be the genuine one it still might not be enforceable due to errors made by the creditor at the time of signing.   The only potential downside to the above is that they could try to damage your credit record but probably it is as much damaged as it can be by this debt already so nothing else they can do will make it worse.   Following on from the above you can continue to not pay them.  I would setup an on-line savings account and pay yourself the money instead which has the advantage of creating a resource in case you need to resume payments in the future.   They may send you further letters either inducing you to resume payments by threat or by offering you a deal.  If the document is not valid then the only deal you need to take is the one you unilaterally entered into at T plus 15 days when you agreed with yourself not to pay them another penny.   It is not impossible that they will send you a letter saying the debt is unenforceable (miraculously I have actually seen one!) and asking you to pay anyway which you will of course ignore as you should not be giving any member of this low life industry any encouragement.  
    • I agree and I've no doubt that will happen in the future, but if a court claim is issued and a ccj successfully registered against the debtor then it will never be sb anyway, so are we more likely to see more court claims in the future ?      Can it not work both way though, if the sb date is ultimately aligned to the date of the default notice, essentially giving the creditor 6 years to collect or issue a court claim then regardless of when the debt was last acknowledged / payment made, a debtor could just tell the creditor to eff off after the 6 years is up, figuratively speaking     
    • Received acknowledgement of defence submission from court. VCS now have the option of continuing their claim or not. Watch this space !!!!
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Jamer8

Abbey Credit Card Agreement

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Hello

Can anyone help to make asure I am going in the right direction please?

I have been writing to a credit card company for over one year now due to a change in my circumstances. I have asked them to freeze the interest (as suggested by the NDL) and offered to make small payments in order to clear my balance but i have had no written reply from this company, only continual letters chasing payment and increase interest charges (now 34.9%). I found some information on this site and wrote to them asking for a copy of my original CCA. After three months they sent me a signed copy of the front page of that agreement. Just before the copy arrived I sent a letter telling them of their default and that I would no longer be making payments whilst the agreement was in dispute. The copy of the CCA has not got all of the information on it and therefore I am assuming it is still unenforceable. The credit card company have continued to add interest to my account and have now sent me a letter stating at the top "Potential Commencement of Legal Proceedings". They have asked me to call them and told the my calls will be recorded. Am I still okay to explain that this agreement is still in dispute and does the law really proctect me from their threatening actions?

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simple ans is to ignore them now.

p'haps send the 'account in dispute letter'

but they can do nothing but send threat-o-grams now and they know it.

 

until a valid cca appears the debt is unenforceable.

 

now, how about reclaiming all those charges you must have been levied & also the associated interest!

and have you looked to see if you have PPI being charged

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thankyou for your quick reply. These people have been bullying and unhelpful for quite a while now and I am finding it difficult to come to a resolution. I've tried reasoning but they just want their money now and will not negotitate or settle for anything else.

I have attached a copy of the scanned application form they have sent to me when I requested my CCA. I have removed all of the detail I put in about myself but it was signed. Can you or someone tell me if this is enforceable or not. I think I've downloaded them correctly but let me know if you cannot read them.

Thnaks again!

Info 1.jpg

 

Info 2.jpg

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na sorry

cant read postage stamps

use photobucket or something

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thanks again

Sorry, I don't know how to use photobucket. These people are ringing me tomorrow so they can decide how much I can afford to pay to them (so they say). Is it best that I type in the details from the application form or is there a better way? Is a signed application from a CCA?

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Info1.jpg

Does this work?

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yep thats great

now what abouthe other pages and the terms & conditions for that time.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Info2.jpg

This is the infomation that was on the back of the page above. They have sent no other inforamtion

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not an expert, but to me this does not look to contain the requirements.

 

stay off that phone!!

do everything in writing.

 

now, are they charging you the PPC, look on your statements.

 

as this is so old i bet you have a heap of charges etc you could reclaim and clear the debt?

 

we need to get someone onboard to check that cca.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thanks for the reply. How do I get someone on board to check the CCA?

Also, what is PPC?

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ppc it says it on the paperwork page two

payment protection cover.

are you paying it/

if so get it back!

there dont seem to be the usual crowd around this week.

 

i'll see if i can get this thread moved to the abbey forum

or something to help

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Moved here.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi

Has anypne had time to view my agreement?

Best Regards

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I'm pretty new to all this, but learning fast. What you have is an application form not a bona fide CCA. As they have let you miss payments for some time without setting a DCA onto you, my guess is that they know that they can't enforce the debt. Just tell them the account is in dispute until they produce a proper CCA signed by both parties.

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i have the same agreemant as you and its not enforceable

current claim to abbey £1074 ppi

£976 charges waiting reply

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Thanks for your reply. Do you know which part of the agreement makes it unenforceable?

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if its the same as mine urs wont have the full list of t and c's but it will come down to the court to say tes or no if it gets that far

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Thanks again - has yours got that far or are you waiting for them to reply?

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made sar request and have 900 charges 1075 ppi charges going for claim first

but yep if no joy i will be going to court to

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