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    • https://www.gov.uk/government/organisations/legal-aid-agency/about/complaints-procedure   What do i do if anything  ????   Oh and BTW i almost forgot , forgetting lots lately, thats why i went to the docs. I have just this week been diagnosed with Brain Calcification , whoopee on top of all this. Side effects are unbelievable, check it out. Seems ive had it for a number of years , it explains lots of problems ive had.  
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    • Ive opened new bank account etc now so sorting out to get our money etc paid in there . Im then going to cut off contacts with old bank and other debts and apply for DRO . But do i add paypal to the list for DRO or forget about paypal like you said in other messages ? I just want to make sure because i dont want to apply for DRO and then later on paypal comes back to bite me and then i wish is added it . Sorry to be a pain guys but I just want to make sure and to date ive not had any letter or anything from paypal just couple of emails
    • This is more than helpful. Thank you so much. I will get the cca done tomorrow and post the reply from them for what to do next. Thank you all again. 
    • 12+2 working days.   a dca can't hurt you credit file any more anyway.   only the original creditor can issue and register a default, on or before the sale of the debt.   what the dca put in the calendar section is immaterial as only you and them can see it it does not extend the 6yrs period whereby the debt shows on your file and after which the 6th defaulted date's birthday causes the whole file to removed regardless to paid or not, paying or not......makes no odds. it still goes, but might still be owed mind, depending upon the contents of the CCA return.   dx  
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spike79

Trying to get my head around it all...

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Hi, bear with me, I'm trying to figure all this out and may get a few things wrong so I'm looking to be corrected and told what I'm right about, here goes...

 

I'm doing the whole reclaiming of bank charges and awaiting the test case result, blah blah blah, that's fine, it's all this CCA stuff that's spinning my head...

 

I have a loan with Welcome (boohiss, I know) there is only arrears of 1 month on it at the moment, I have a defaulted account with Capital One, date of default was in 2004, and I have a credit card with Vanquis, two months in arrears (I know what you're thinking all these reputable companies, yes my past is chequered, but I'm trying to put it behind me) to be quite honest I'm fed up with the lot of them I've dealt with debts that I felt obliged to pay because the companies were at the very least reasonable with me but these three thieving b!!!!!!s I have had enough of, so I've been studying this forum and I think I'm right in what I'm going to do...

 

I intend to send them all a CCA request, if I've understood right if they cannot provide the requested documents in full then I can cease making payments to them and basically tell them to take a long walk of a short pier. Correct?

 

In this case they would be unable to lawfully default me or attempt to get a ccj. Correct?

 

If they did attempt to enforce the agreement without these documents I can take court action, and in lieu of them producing these documents the court would rule in my favour. Correct?

 

I think my understanding is correct and I've picked up the process to follow just need some confirmation.

 

Thanks in advance as always...

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no cca means not enforceable throught the courts

 

if they were to issue court proceedings then this would be your defense

 

it will trash your credit files as these are difficult to clear with no caa as the debt still exists

 

 

now welcome there is alot wrong with some of the agreements as well so thats another thing can be checked when you receive your response

 

good luck and just give cag a shout

 

Ida x


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Thanks Ida, you seem to be here at every turn lol...

 

I was reading on one of the other posts that by not being able to produce ccas companies were told to remove default notices etc from credit files as they had no legal basis then to continue to ask for money from you...

 

I understand that in a moral sense the debt still exists, but as far as I'm concerned what goes around comes around with these three, so without the cca as far as I can tell the debt "legally" doesn't exist as they have no grounds to enforce it...

 

That's the understanding I've took from the posts I read anyways...

 

Hope it's nicer in Fife than it is here...

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Hope it's nicer in Fife than it is here...

 

not really, been chasing an 8 foot trampoline around the garden :mad:

 

getting a default removed due to no cca is a very tricky situation

 

if you have seen threads that someone has managed to do this if you can post the link as i haven't read any.

 

 

ida x


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Anthrax alert at debt collectors caused by box of doughnuts

 

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Thanks for the advice folks, this is the latest and what I think I can do about it...

 

Welcome have not responded in any way and I issued an Account in dispute letter and stopped making payments. They are still pursueing me though by phone and letter from the local office. So I intend to send a letter to the local office telling them to bog off (in polite terms of course) as I have put the Account in dispute with their head office who haven't even bothered to respond to me. As they are the stage of commiting an offence also I intend on writing to the FSA to make them aware of this.

 

Vanquis responded by send me a copy of the terms and conditions, I duly responded by sending an Account in dispute letter as I took it from other threads this doesn't constitute what I asked for in the CCA letter. They responded and said they would look into it and then all at once I got a letter from them and 1st credit acting for them stating that they already sent me the required documents (referring to the Terms and Conditons) and that they have no signed document to produce as I applied for the card online. Am I right in saying that this is really their problem and that without a signed agreement it is still unenforceable and I can send the letter to the FSA to advise also? Is there a loophole they sneak through on this one for online applications?

 

I'm really grateful for any advice and this forum has been a godsend as I try to rebuild my life and credit rating. I'm hoping that I 'm right about all this and I can force them to remove the details from my credit file and then be in a position of power to negotiate settlement.

 

Thanks in advance, hope all are well...

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I applied for the card online.
It all depends when you applied online as The Consumer Credit Act 1974 (Electronic Communications) Order 2004 came into force in December 2004 any online agreements entered into prior to this date still need a signed executed credit agreement.

Electronic signatures weren't considered valid until this date, however agreements after this date only require a 'tick-box' to be deemed enforceable.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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17 Port & Maritime Regiment RCT

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It was after 2004 but the terms and conditions they sent me were just generic terms and conditions, there was no mention of my details anywhere and no "ticking this box as a digital signature" part. To be honest I think I might be onto plums with the credit card as they have at the very least complied with my requests and also as the debt was taken after Jan 07 it would be difficult to argue s127. So, I think will just pay it off and close the account as I've already cut up the card.

 

The welcome people on the other hand haven't even bothered to reply and whilst the debt was taken after Jan 07 and I couldn't argue s127 I think I'm in a strong position to withhold payment as I don't think they have a signed agreement, which would explain why they haven't replied, but also if they try to issue court proceedings or if I issue court proceedings when they refuse to remove info from the credit reference agency I think I am in a strong position to argue that they can't legally bind me to their terms and conditions and interest rates and I could negotiate with them how and what to pay back. I just don't want to find I've missed something that would weaken my position.

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