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    • Hi all   Firstly, thanks for all the helpful threads on here. Whilst there's a lot to read and get through, it's both helpful and reassuring to see so much great advice and support to others in similar situations.   I've received a letter and a Claim Form from Moriarty for an ADCB CC debt. I'm presently in a DMP for existing UK debts and (probably like many others) I truly don't know the best way forward, as time is clearly of the essence - but I don't feel I've 'up to speed' yet on all the other threads, advice, lingo etc. to respond accordingly.   I'm looking at drafting the PAP and getting it of tomorrow, but just want to get into the other threads to see if it's the right thing (and get more info on similar cases).   Please feel free to comment with any advice - all gratefully received of course. Thanks again for anyone that's posted in other threads and great to see so many kind and generous respondents helping others.
    • nothing you can do can product against the very rare judge lottery syndrome.
    • not sure why you added the blue line I've highlighted? that's no in the we gave you.   as for your question... PRAC's roboclaim computer knows when the account was taken out, after all it raised the claim and checked everything carefully first before issuing the request via northants bulk courts equally inept roboclaim computer... 
    • I've been researching in preparation of compiling my particularised defence/WS.    I'm none too happy that some judges still seem to be siding with DCAs and seemingly brushing aside anything that we have assumed to be "necessary" for DCAs to have a winning case.    Reading a recent "summary" from another poster (another thread with case similar to mine - very old, illegible application form, no default notice, reliance on their own software to prove it was ever sent) and the judgment made in favour of the DCA and even suggesting that there was no "agreement with the DCA, they simply owned the debt, not the agreement"  Makes me very nervous.    Especially if cases like this will be judged on "probability" - the probability that if I signed the original application form, then I must have taken out the credit card and racked up the alleged debt as shown in statements enclosed in their WS (and dated some ten years later).   Is it ok to post some "evidence" I've found from elsewhere?    This is in line with my fears that regardless of how hard one tries to rebut the "lack of evidence" produced by DCAs for chasing these very old "alleged" debts, it does appear to come down to the luck of what judge you get on the day and how much they can be swayed by the DCA solicitor.    A quick Google search produced the following - from one case - this related to a credit agreement - which resulted in someone being made bankrupt - that person appealed the bankruptcy order on the grounds of defective credit agreement and default notice and this was the appeal judge's decision:   The necessary formalities for the entry into the regulated consumer credit agreement (which related to the debt in issue) were not complied with; The default notice served in respect of that credit agreement was defective.   The First Ground The Appellant argued that she did not receive the terms and conditions when she entered into the credit agreement and, accordingly, section 61 of the Consumer Credit Act 1974 (“CCA”) had not been complied with and the agreement could not be enforced. The agreement had been entered in 1995 and, whilst it had provided a microfiche copy of the front page of the application, the Respondent had been unable to provide a copy of the terms.   Despite the terms not being produced, the District Judge had found that, in the circumstances, it was very likely that such terms existed and would have been provided to the Appellant when she entered into the Agreement. Mr Justice Mann held that this was a finding that the District Judge was entitled to make.   Further, Mr Justice Mann found that it was implicit from the District Judge’s findings that she considered that the terms and conditions not only existed but had been subscribed to by the Appellant’s signature and, consequently, the requirements of section 61 CCA were fulfilled. Mr Justice Mann held that this was also a justifiable finding which should not be interfered with on appeal.   The Second Ground The Appellant also argued that the default notice upon which the Respondent relied did not comply with the Consumer Credit (Enforcement, Default and Termination Notice) Regulations 1989 because it stated the full balance of the account rather than the total of the missed payments. The Respondent argued that, as a result of the missed payments, it was contractually entitled to the entire balance subject to the service of the appropriate notice, a requirement which was fulfilled by the default notice itself and, consequently, the sum required to remedy the breach was the entire amount.   Mr Justice Mann agreed with the Respondent and the District Judge, holding that: “If by the time the default notice is served circumstances have arisen which entitle the lender to recover not merely sums which might be regarded as arrears, by which I assume is meant accumulated minimum payments, but also the whole of the sum, then they are entitled to claim that sum, and the sum to require to remedy the breach for non-payment of that sum is the payment of the whole sum due. The bank is not confined, at that stage, to claiming merely the amount of arrears if it has an accrued contractual right to have the whole of the sum.”   Do judgments like these not mean that a lot of what you guys do on here (and for which I and many others are VERY grateful) somewhat redundant. What is happening to judges just accepting "well, the terms must have been there if you signed it" -    Feeling quite nervous now.
    • we know it wasn't done to avoid enforcement we understand completely. but that doesn't take from away the fact that it happened   you can't appeal the pcn's on the basis that 'it was not his vehicle to levy upon'. the law clearly states otherwise.          
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geordieman

Lowells - No CCA Provided

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Hi

 

I have Lowells chasing me for a debt that they recently bought from a catalogue company (last payment early this year). As soon as I received their "we have bought your debt" letter, I sent a CCA off them and have just received this reply (The 12+2 days expires tomorrow - 6 Sept)

 

Is this an acceptable reply

 

Thank you for contacting us about your credit agreement. We have asked your original lender for a copy.

 

We will do our very best to send you the information you asked for within 12 working days, but this does depend on when you original lender can send it. We will let you know if we do not hear from them in time

 

We are here to help (lol)

 

Is it 12 working days or simply 12 days in total?


Current Debt : Approx £LOTS :-( ........................................................................Estimated Debt Free : Nov 2014 :-D

 

Barclaycard (wife) £1,080.43 Refunded

Barclaycard (me) SAR in progress

Shop Direct (x3 accounts) SAR completed. Claiming £3389.37 charges and £3,500 PPI

MBNA ..........SAR in progress. Charges & PPI from 1996 - present!

 

Your next ----> Lloyds Mastercard x2 - OPUS - Coop Visa - Monument Visa - RBS Visa - Cap One Visa x2 - Redcats x2

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It is actually 14 days from the date they signed for it I believe. The 12+2 allows for weekends.

 

Get your account in dispute letter ready to fire at them on the 14th day :razz:


:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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It is actually 14 days from the date they signed for it I believe. The 12+2 allows for weekends.

 

Get your account in dispute letter ready to fire at them on the 14th day :razz:

 

14 days is up tomorrow 6th Sept then


Current Debt : Approx £LOTS :-( ........................................................................Estimated Debt Free : Nov 2014 :-D

 

Barclaycard (wife) £1,080.43 Refunded

Barclaycard (me) SAR in progress

Shop Direct (x3 accounts) SAR completed. Claiming £3389.37 charges and £3,500 PPI

MBNA ..........SAR in progress. Charges & PPI from 1996 - present!

 

Your next ----> Lloyds Mastercard x2 - OPUS - Coop Visa - Monument Visa - RBS Visa - Cap One Visa x2 - Redcats x2

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The 14 days period dont apply anymore. sometime it can take up to 60days.

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The 14 days period dont apply anymore. sometime it can take up to 60days.

 

Really? That seems to go against everything that is advised here.


Current Debt : Approx £LOTS :-( ........................................................................Estimated Debt Free : Nov 2014 :-D

 

Barclaycard (wife) £1,080.43 Refunded

Barclaycard (me) SAR in progress

Shop Direct (x3 accounts) SAR completed. Claiming £3389.37 charges and £3,500 PPI

MBNA ..........SAR in progress. Charges & PPI from 1996 - present!

 

Your next ----> Lloyds Mastercard x2 - OPUS - Coop Visa - Monument Visa - RBS Visa - Cap One Visa x2 - Redcats x2

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i got my cca after 75 days.

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But after 12 working day they are in default of your request, they can take as long as they want but if they don't send it to you before the request goes into default you can withhold payment. Even the CSA agree on that, so it must be right.

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Yes Geordie, if the postman hasn't got your CCA for you tomorrow, send them the account in dispute letter. Make sure you get proof of postage - I always send recorded but so long as you get proof I don't suppose it matters.


:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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Hi ...Im just about to send them the dispute letter. Is it worth my time adding a paragraph telling them that I will be paying them an amount that I can afford each month direct into their bank etc etc. (it is my debt after all)


Current Debt : Approx £LOTS :-( ........................................................................Estimated Debt Free : Nov 2014 :-D

 

Barclaycard (wife) £1,080.43 Refunded

Barclaycard (me) SAR in progress

Shop Direct (x3 accounts) SAR completed. Claiming £3389.37 charges and £3,500 PPI

MBNA ..........SAR in progress. Charges & PPI from 1996 - present!

 

Your next ----> Lloyds Mastercard x2 - OPUS - Coop Visa - Monument Visa - RBS Visa - Cap One Visa x2 - Redcats x2

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No don't put that paragraph on, it is a separate matter.

 

When you say you will be paying them into their bank account, how will you be paying them? Not Direct Debit I hope.

 

It is advisable to get their bank details and set up a standing order. The reason being that with a Direct Debit, they have control over amounts and pay dates etc, with a Standing Order, you are in control of what goes and when!

 

Again, send your letter either recorded, or make sure you get proof of postage, and DO NOT SIGN IT, always print your name!


:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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Cheers Huggys

 

I will leave out the paragraph.

 

I will be paying them via simple money transfer (I have their bank details from their letters) from my bank ..manually each month. Do I need to send them a letter explaining that I will be making these payments this way or simply start paying at my at a rate I can afford?


Current Debt : Approx £LOTS :-( ........................................................................Estimated Debt Free : Nov 2014 :-D

 

Barclaycard (wife) £1,080.43 Refunded

Barclaycard (me) SAR in progress

Shop Direct (x3 accounts) SAR completed. Claiming £3389.37 charges and £3,500 PPI

MBNA ..........SAR in progress. Charges & PPI from 1996 - present!

 

Your next ----> Lloyds Mastercard x2 - OPUS - Coop Visa - Monument Visa - RBS Visa - Cap One Visa x2 - Redcats x2

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Personally, I would just give them what you can when you can afford it. If you offer them a payment they are guaranteed to refuse it. Make sure when you make your payments that you put your DCA Ref or Acc number in the space provided so that your payments don't go astray.


:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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Hi just a quick update and advice.

 

Ive had a few replies from LL’s most them saying that they are trying to get the credit agreement from the original creditor and as soon as they get it, they will be in touch for the full payment.

I have sent them the ‘dispute’ letter telling them they have defaulted and I received this recent letter:

 

We have noted your comments and can advise you that, under the terms set out by the consumer credit act, a creditor has an initial 12 days to provide the documentation requested. After this time limit has passed your account is placed on hold and no collection activities will take place until such time as the requested documentation has been provided. You will, however, continue to get updates from us with regards to your request

.

So the way that reads is, they will wait until they get the agreement from the OC and when they have they will then resume collections. Can they do this legally?


Current Debt : Approx £LOTS :-( ........................................................................Estimated Debt Free : Nov 2014 :-D

 

Barclaycard (wife) £1,080.43 Refunded

Barclaycard (me) SAR in progress

Shop Direct (x3 accounts) SAR completed. Claiming £3389.37 charges and £3,500 PPI

MBNA ..........SAR in progress. Charges & PPI from 1996 - present!

 

Your next ----> Lloyds Mastercard x2 - OPUS - Coop Visa - Monument Visa - RBS Visa - Cap One Visa x2 - Redcats x2

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Yes, they have to put the account on hold until they can legally prove that they are entitled to collect.

 

It is now up to you what you do with regards payment.

 

What will probably happen now is if the OC cannot provide your CCA to Lowells, Lowelles will pass the account back and the OC will pass it on to another DCA.

 

Keep all your letters and if it does get passed onto another DCA just send them a copy of your account in dispute letter along with a copy of that letter from Lowells.

 

Basically, until the catalogue company can come up with the goods there is nothing any DCA can do and you are free to pay whatever you want whenever you want without them chasing you for more.


:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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Cheers Huggy.

 

I've actually started paying them just after I sent them the dispute letter as I don't dispute the debt, just the amount. Plus I wanted to pay what I could afford not what they wanted.

 

Can they hand back the debt to the OC? They have actually bought this off them and Ive had a assignment letter?


Current Debt : Approx £LOTS :-( ........................................................................Estimated Debt Free : Nov 2014 :-D

 

Barclaycard (wife) £1,080.43 Refunded

Barclaycard (me) SAR in progress

Shop Direct (x3 accounts) SAR completed. Claiming £3389.37 charges and £3,500 PPI

MBNA ..........SAR in progress. Charges & PPI from 1996 - present!

 

Your next ----> Lloyds Mastercard x2 - OPUS - Coop Visa - Monument Visa - RBS Visa - Cap One Visa x2 - Redcats x2

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You say you are disputing the amount. Is this charges they have added for late payment fees and letters sent etc?

 

If they have been lumping charges on, have you claimed them back yet with interest?


:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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If they have bought it, they will probably fob it off to another DCA soon :lol:


:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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Yeah the amount disputed is a hike in charges etc. SAR'ing the original creditor is on my 'list to do'

 

I read on the forums recently that LL's petitioned someone for bankruptcy ....its that what worries me if Im honest


Current Debt : Approx £LOTS :-( ........................................................................Estimated Debt Free : Nov 2014 :-D

 

Barclaycard (wife) £1,080.43 Refunded

Barclaycard (me) SAR in progress

Shop Direct (x3 accounts) SAR completed. Claiming £3389.37 charges and £3,500 PPI

MBNA ..........SAR in progress. Charges & PPI from 1996 - present!

 

Your next ----> Lloyds Mastercard x2 - OPUS - Coop Visa - Monument Visa - RBS Visa - Cap One Visa x2 - Redcats x2

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How much do they claim that you owe them?

What was your original credit limit?

They can't make you bankrupt without going to court and if you are paying what you can afford the court will probably laugh them straight back out of the door.

Get that SAR sent off as soon as you can.

With it being a catalogue, can you not log in to your account online and either print off or screen print your statements? If you can then you don't need to waste £10 on the SAR.


:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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How much do they claim that you owe them? £2.2k

What was your original credit limit? I have no idea !

They can't make you bankrupt without going to court and if you are paying what you can afford the court will probably laugh them straight back out of the door.

Get that SAR sent off as soon as you can.

With it being a catalogue, can you not log in to your account online and either print off or screen print your statements? If you can then you don't need to waste £10 on the SAR.

 

Sadly I can’t log back onto the catalogue account, it just says contact customer support etc. The balance of this back in January was about £1.9k so in that time I’ve been ping-ponging letters back and forth it’s gone up £300 purely in charges. I am going to SAR the original creditor, but this won’t reduce the balance on LL’s because they bought it, so I guess I will pay what they bought and try to reclaim the charges from the OC.


Current Debt : Approx £LOTS :-( ........................................................................Estimated Debt Free : Nov 2014 :-D

 

Barclaycard (wife) £1,080.43 Refunded

Barclaycard (me) SAR in progress

Shop Direct (x3 accounts) SAR completed. Claiming £3389.37 charges and £3,500 PPI

MBNA ..........SAR in progress. Charges & PPI from 1996 - present!

 

Your next ----> Lloyds Mastercard x2 - OPUS - Coop Visa - Monument Visa - RBS Visa - Cap One Visa x2 - Redcats x2

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Have a look at this http://www.consumerwiki.co.uk/index.php/Interest_Tutorial

somewhere near the bottom is a spreadsheet where you input your charges and the interest rate at the time of the charge.

 

If I were you, I would reclaim the charges from the OC and then, if you feel you should, offer the DCA a full and final out of your payment. DO NOT FORGET, if a DCA buys a debt, they pay peanuts for it, I believe (although I may be wrong and somebody please correct me if I am) that they pay about 15p per £1 owing which is why they send out the letters offering massive reductions if you ignore their first attempts at bully boy tactics.


:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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Just a quick update. Since sending LL's with a CCA request and having recieved several letters back saying they are trying to obatian it from the original creditor, I recieved this off Mr Postie:

 

What does it mean?

 

Dear Geordie Man

 

We refer to your request for a copy of the original credit agreement for this account.

 

After being in touch with XXXXXX to obtain this document we have been advised that it is no longer available due to the length of time since the account was opened.

 

At this time we have closed our file and will not make any further contact with you concerning payment against the account unless the copy of the agreement is recieved at some point in the future from XXXXXX

 

Yours.....

 

Balance is about £2k

 

Does it mean that they are going to sell the debt back to XXXXX or sell it on to who ever buys it?

Edited by geordieman

Current Debt : Approx £LOTS :-( ........................................................................Estimated Debt Free : Nov 2014 :-D

 

Barclaycard (wife) £1,080.43 Refunded

Barclaycard (me) SAR in progress

Shop Direct (x3 accounts) SAR completed. Claiming £3389.37 charges and £3,500 PPI

MBNA ..........SAR in progress. Charges & PPI from 1996 - present!

 

Your next ----> Lloyds Mastercard x2 - OPUS - Coop Visa - Monument Visa - RBS Visa - Cap One Visa x2 - Redcats x2

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Anyone?


Current Debt : Approx £LOTS :-( ........................................................................Estimated Debt Free : Nov 2014 :-D

 

Barclaycard (wife) £1,080.43 Refunded

Barclaycard (me) SAR in progress

Shop Direct (x3 accounts) SAR completed. Claiming £3389.37 charges and £3,500 PPI

MBNA ..........SAR in progress. Charges & PPI from 1996 - present!

 

Your next ----> Lloyds Mastercard x2 - OPUS - Coop Visa - Monument Visa - RBS Visa - Cap One Visa x2 - Redcats x2

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It means they cannot provide you with your cca so there is nothing more for you to do. If they ever do come up with your cca in the future then you can make them an offer. Well done! you can forget about this for now. :wink:

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