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    • Thanks dx. No, there's no reference number in the writ itself.    Who are the pursuers:   Erudio Student Loans Limited, a company incorporated under the Companies Acts and having its registered office at c/o Wilmington Trust SP Services (London) Limited. Third Floor. 1 King's Arms Yard, London EC2R 7AF   Who Are the Solicitors:   Shoosmiths LLP   What is the writ for –   Preceding the Condescendence and Pleas In Law sections provided in post 1, there's the following text: The pursuers crave the Court to grant decree against the defender for payment to the pursuers of the sum of AMOUNT together with expenses   what date was this served on you:- 17th July   what date is within the COURT STAMP: 19th JUNE (not July as entered in post 1)   What Is the claim for: Student Loan   Is the debt showing on your credit reference files - I don't know but can find out   When did you enter into the original agreement before or after 2007? -  Before 2007;  first loan has a 1998 account number   Were you aware the account had been sold/assigned – did you receive a Notice of Assignment? Yes I believe so   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes   When was your last payment:-  I believe I made at least one payment in late 2015 after having been late in submitting deferment forms that year   Why did you cease payments:- I only made payments to cover a couple of months' payments which were due because of my deferment had been submitted late. I stopped once those payments had been covered   Was there a dispute with the original creditor that remains unresolved?  No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  No    
    • I emigrated to australia permanently about a year and a half ago, but still have an overdraft of 2500 pounds with a bank in the UK. I am struggling to pay it off, and am being charged 1.75 a day for the overdraft. I have not informed the bank that I have moved to Australia.   Im wondering what is the best course of action. I do not intend to return to the UK and have no assets or family over there. I rang up a call centre for the bank and informed them of my situation and they suggested i ring the branch and speak to them. I intend to pay the debt off, but am not in a position to do so right now, and was hoping the bank might put a hold on the charges, whilst I can get the finances to pay them off.   alternatively, what would happen if I did not pay this debt off
    • is the property jointly owned and the all the CO's/debts are in your sole name?  
    • Oh dear I didn't know that about Word - thanks for the tip. I would be grateful for any other comments re the text. Thanks for getting me to this point. I now have a huge amount of info to plough thru to prepare for the next stage. Is there any guidance as to what happens next and how long that takes, or will that be made clear once the basic defence has been submitted? I haven't been able to find a clear explanation of the procedure anywhere.   
    • I have been tearing my hair out searching for information on the web. Finally (!!!) I came across this huge and exceptionally promising looking site. I learnt a while ago that some Agreements for credit cards under the CCA 1974 are unenforceable.   To cut a long story short, as they say, I am attempting to draw out funds from the equity in our property in order to secure natural treatments for my dear beloved wife. (The NHS have genuinely done all that they could, but their funds being limited, there isn't any hope that they can do any more). There are a myriad of Natural (proven) cures for my beloved wife.   Alas,  I discovered that there are three credit card charges on my property, going back many years. These cards were all started in the 1980's and early 1990's, and were all under the CCA 1974.   I offer my sincere apologies that I have not read through enough of the threads on this site, to be able to find the answer which  I am seeking. I am desperate to get things moving in order to get the funds for the treatment. I fear I might already have confused folk here.   So here goes:   Is there a quick-ish way to get the charges removed from my property, which were placed there after Court hearings at which I was 'advised' to just agree, as I was unable to repay, many years ago.   I read on another website that a form AP1 should be sent to the Land Registry, detailing that the Agreement is unenforceable so the charges should be removed. That sounded too simplistic so I moved on.   Naturally, I will be enormously grateful for any suggestions or guidance on this matter. I accept that I may have rambled on a bit, but folks, I   am frantically attempting to find a solution to remove the charges so that I can quickly utilise those funds to get treatment for my dear wife. Perhaps the answer is already here somewhere. If so, I would be grateful for anyone pointing me in that direction.   Thank you.
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Revenant

Signature demands -- fight back possible ! ?

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My wife sent off a request for a SAR on one of her debts recently.

The company in question sent back a form for her to fill in to help identify her before releasing documents.

Now she has never signed any agreement with them, the account used to be with Argos,which then changed to Argos Additions, and recently to Very.co.uk.

The original account was set up as far back as 1999 with Argos.

So the company she is being asked to sign documents for as proof, have no recorded previous signatures from her.

Surely the fact that all of the demands and monthly statements which are sent to this address from them must be enough along with a return of the form they want her to sign along with a witness signature and contact details of said witness would be enough,even if she did not sign but merely printed to acknowledge who she is would be sufficient.

 

It could be that someone else at the addres is requesting the details of the account without permission - so a signature is just arse covering basically.

 

People on this forum and in general like to make a big deal out of DPA breaches so it is no surprise that all large companies/organisations get itchy about releasing info.

 

I used to work for a Council and we used to get DPA requests from other Councils and even then the official line was to release as little info as possible in case there was a DPA breach.

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It could be that someone else at the addres is requesting the details of the account without permission - unlikely. but yes they are entitled to ask for further info to establish id so long as the request is reasonable.

 

People on this forum and in general like to make a big deal out of DPA breaches and why not. tis the law. with 'their' resources they should be able to comply.

 

........and even then the official line was to release as little info as possible in case there was a DPA breach. then they are breach of the dpa if they dont send ALL data (as defined) when requested

 

:)


IMO

:-):rant:

 

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re your last point - not necessarily - I wont bother going into all the detail - but they usually asked for relevant info - we decided what was relevant. Often I was happy to release everyting we had but others were not.

 

The data in question was not that of the Councils but of a third parties and was usually being released in relation to crime investigation (which is why it was being given in the first place).

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ok. re council to council (not quite an individual dsar). but, re an individuals request per council for ALL data (as defined) then all data should be disclosed, unless there is (ICO) justification (or otherwise) for non release.


IMO

:-):rant:

 

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We refused to sign any document,and reminded them that in asking for personal info.. if they were not sure who the person was in the 1st place,it must be a breach of the DPA....

Letter received back from Very yesterday 10th December, they are putting together the information requested and will forward it on in due course........no further request for siganture or additional information...

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There you go then.. it pays to dig your heels in sometimes. :)


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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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If DCA's want a signature so much for requests ,then, like someone said they can use yr signature for their own means ??? What if you forged your own signature and then they used it on fake documents etc. Can you then sue them for fraud lol

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If DCA's want a signature so much for requests ,then, like someone said they can use yr signature for their own means ??? What if you forged your own signature and then they used it on fake documents etc. Can you then sue them for fraud lol

 

I imagine the regulatory authorities would take a very dim view if this was to happen!


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I have a returned CCA from Crapquest wanting my signature...what response should I send to them...I need a hint of what to put in the response.

CJT52

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there is no requirement on a cca request to sign it

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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see post 1 here

 

i'd start your own thread too

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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There is no requirement for a signature on a CCA request - however if the company is being unreasonable in demanding one.. you can either purchase signguard from CAG or simply make a grid of "X" as below - convert it to a lighter colour font and sign over the top.

 

XXXXXXXXX

XXXXXXXX

XXXXXXXXXX


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi All

 

After sending my second letter back to CapQuest as you suggested I recieved a letter today from them saying:

 

"Please be advised that the above account is in the process of being returned to Capital One..." plus they also enclosed the £1 postal order...a victory I think. They obviously did not have any legal basis for my debt. So I want to thank this website and forum as at one point I was very low with thier phone calls and nasty letters. Sso at least I can now deal with Captial One, as I think 1) I can stop the interest to my debt and 2) get my charges back? I have been paying Capital One £50 per month for the last three months. Any more suggestions for me?

 

Once again, many thanks for your help so far as I feel happy to see off this DCA.

 

CJT52

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Make sure you report crapquest to the regulatory authorities. They will just do the same to other people if you dont.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 2578 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you
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