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Cap1 & CCA return


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Hi I am new to this post,

 

Very long one at that:eek:.

 

Just need some advise. I have gone with a company (didn't know there was help to do it yourself as some of you have) and supplied 2 credit cards in regards to non compliant with CCA.

 

It is nearly 3 months since this process has started. I am at the stage where the credit card companies have defaulted me and are on the next stage of harassment, possible bailiffs even though the cards are in dispute.

 

I have a letter to be sent in regards to stopping the harassment by some law (drawn up by this company). The thing is the credit card companies have sent no required information since this started and after the procedures which have been mentioned in this post have been and past, various letters sent for copies of agreement etc.

 

Can the credit card people call in the bailiffs even though it is in dispute???

Can they default you, again even though it is dispute?????

What is the procedure if they don't come up with any evidence of an agreement, do they take me to court or do I take them to get the agreement made void??????

 

Your advice will be welcomed

 

I hate to say this, as it's not what you want to hear right now, but I'm not surprised.

 

I can't talk for the company you've used, nor do I want to know which one it is, but most of these companies take you up the garden path and them leave you there, alone to carry the can.

 

The advice that I would give, though, is that you've done well to find CAG - welcome to the gang! You should start, before creating your own thread, by reading some of the basics to get an understanding of what you're embarking on. You'll find some useful links in my signature, for a start.

 

Once you've done that, have a read through some of the success stories - there are lots of them - I'm sure you'll find a sub-forum relating to the company you're having issues with, or you can just post in the general debt/legalities forums.

 

Once you're ready, after reading the background and process, then looking at some success stories, would it be advisable to start your own thread. Again, links my sig will tell you how to. Once that's done, you'll be able to get specific advice on your specific case.

 

Best of luck!

 

Edit: Ok, so my signature isn't showing, (why is that, Site Admin?) so here's a link to my profile with all those links I mentioned;

 

http://www.consumeractiongroup.co.uk/forum/member.php?u=153951

 

Edit 2: Forget that, Site Admin, the sig is showing now! :o)

Always happy to help where I can!

:lol:

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It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Thanks for the replies.

 

Will start reading through first, see what's what.

 

In regards to the company I am with, I feel they have done well so far, I have been in constant contact with them, I have copies of all letters sent, all of which have not sent a signed agreement, as there is not one in place.

 

Have copies of the 14 then 21 days notice letters they have sent out and that its in dispute. I send all correspondences from the credit cards to them.

 

I have just signed a letter in regards to telephone harassment and the legislation connected to it for them to send to the credit card companies.

 

But to be honest they must be on this site, as it seems you can get all the advice possible on this great site.

 

Have paid the money, so I feel I will keep with them for now, but will read up and get some knowledge myself just in case they do a bunk and i have to carry on. As I say it has been nearly 3 months and they are still around.

 

They are going to send out a letter for me just in case bailiffs do come round, something to give them and call the police if required.

 

What is scary, is they say don't worry it will all be sorted, easy said than done:( when defaults and threats are still being sent.

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In regards to the company I am with, I feel they have done well so far, I have been in constant contact with them, I have copies of all letters sent, all of which have not sent a signed agreement, as there is not one in place.

 

Have copies of the 14 then 21 days notice letters they have sent out and that its in dispute. I send all correspondences from the credit cards to them.

 

I have just signed a letter in regards to telephone harassment and the legislation connected to it for them to send to the credit card companies.

 

Did they not advise you not to sign anything that wil be sent to the OC? It is not unknown for OCs to cut & paste & lo & behold, they've 'found' a signed credit agreement. :mad: You should print or use dig. signature in all corresp.

 

But to be honest they must be on this site, as it seems you can get all the advice possible on this great site.

 

They won't be on this site - all advice here is given free by other members

They are going to send out a letter for me just in case bailiffs do come round, something to give them and call the police if required.

 

What is scary, is they say don't worry it will all be sorted, easy said than done:( when defaults and threats are still being sent.

 

Don't worry about the threats & defaults whu. The threats are just that - they cannot send baliffs round without having first obtained a CCJ in court & I am assuming that you haven't got that far? They will probably default you - it comes with the territory of not making payments & often regardless of whether the account is in dispute or not.

 

Do as already suggested - start a seperate thread for each creditor in the appropriate forum & you'll get the help & advice you require.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hi

 

Sorry to intrude on the site but could with some help.

 

Royal Bank of Scotland CC - failed to send signed cca they sent a application form, then promptly sent the debt to intrium justitia who have bombarded me with phone calls. I found templates to stop the calls which they have and also sent a letter to both RBS and Intrium to state that application form does not conform to cca request. Sent those back week ago just waiting for there response.

If they cant provide the cca can i use this to get the default they registered on my credit file - i am more than willing to take this to court because of they way they have treated me and the problems it has caused me and my family.

 

Any help will be greatly appreciated.

Julie

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I am seeing more and more people saying that they have got default notices and didnt received anything by post... im puzzled how they know they have got one, is it something the court would send out notification of or is it that they have checked their credit files?

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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It's on your credit files, muffintop. The courts don't send out default notices, it's down to the creditors which prob. explains why so many people don't receive them. ;)

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hi Mejules

 

First of all you will probably have a reply back from both companies stressing that they have complied, so don't hold your breath on a great result there (sorry:().

 

Your second point about the defaults - technically it is possible to get them removed if there is no agreement or if it is a dodgy one, but it is apparently a tough one to succeed at, regardless of the fact it possibly should not be there in the first place.

 

You could really do with starting a thread of your own, or if you have and you're not getting much help, then try posting a link on here.

 

The trouble is this is such a massive thread that by the morning your post will be on the last page and will be missed - if you have your own thread people can answer you without it getting mixed up with other queries, and they'll automatically subscribe when they post, so you should get ongoing help.

 

Lexis:)

Time flies like an arrow...

Fruit flies like a banana.

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Hi Lexis

 

How do I start my own thread to get the help?

 

The RBS card is in my husbands name - we sold our 1st property in 2004 we paid this card off in full and cancelled the card. it wasnt until we went to remortgage in June 08 that we discovered they had defaulted the account with a balance owing of approx 3000. We have SAR them but all they sent was a charges schedule not any statements etc. We found out just recently the couple who brought our property got it reposessed and aparently had nurmerous debts in several different names. We believe that RBS must have sent something to our old property and the couple who brought it used it. Thats why we SAR'd them hoping it would give us some information as to the activity etc.

This default is causing us lots a financial problems and we just want to know the best way to go about getting it removed, we know it involves alot of work but the debt isn't ours and we want rid.

Can i send RBS court papers if so where can i find the correct one?

 

Many Thanx for any help it is greatly appreciated.

Julie

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It's possible that as your account was terminated in 2004 RBS do not have any further info. to give you mejules. But it does sound as though you suspect fraudulent activity/identitiy theft on this account.

 

Have you contacted RBS? I think all the banks have a specialist dept. that deals with matters like this. You should certainly report it & also inform the police not they will prob. do much, they'll say it's the concern of RBS but they should give you a report & also the info you need to contact the appropriate bodies re. identity theft.

 

If you have not already done so, I would suggest you also contact the CRAs for full credit reports to see if anything else suspicious is on your files

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hi mejules

 

To start your own thread, go to the RBS forum - http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/ then click on the blue moz-screenshot.jpg'new thread' icon on the top left of the page.

 

Surely they should still have details relating to the account, as 2004 is well within the 6 years limit. They have to keep details for 6 years after an account is closed don't they?

 

In any case, if you cancelled the card then that's it, kaput, account's gone. I don't see how they could have opened up another in your name without your knowledge, as they'd need your agreement to make it valid. This'll obviously be why they're not sending you an agreement - it's either blank or has someone else's signature on it!

 

As foolishgirl has suggested, have you contacted RBS? It may be worth just asking for details of where things like statements were sent to, or even where the card was sent.

 

Anyone in the know, could mejules just state that she does not acknowledge this debt and work anything out that way? If there is no knowledge of the account at all, it seems almost as though going through the motions of saying the CCA isn't enforceable is a defensive move, when really she could do with some form of attack to knock them down with.

Time flies like an arrow...

Fruit flies like a banana.

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Hi Lexis

 

How do I start my own thread to get the help?

 

The RBS card is in my husbands name - we sold our 1st property in 2004 we paid this card off in full and cancelled the card. it wasnt until we went to remortgage in June 08 that we discovered they had defaulted the account with a balance owing of approx 3000. We have Subject Access Request them but all they sent was a charges schedule not any statements etc. We found out just recently the couple who brought our property got it reposessed and aparently had nurmerous debts in several different names. We believe that RBS must have sent something to our old property and the couple who brought it used it. Thats why we Subject Access Request'd them hoping it would give us some information as to the activity etc.

This default is causing us lots a financial problems and we just want to know the best way to go about getting it removed, we know it involves alot of work but the debt isn't ours and we want rid.

Can i send RBS court papers if so where can i find the correct one?

 

Many Thanx for any help it is greatly appreciated.

Julie

 

From my professional point of view, the Police should be contacted this is a theft, and should be investigated by them as a crime which would need to be detected one way or the other.

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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Surely they should still have details relating to the account, as 2004 is well within the 6 years limit. They have to keep details for 6 years after an account is closed don't they?

 

They should do but don't always

 

In any case, if you cancelled the card then that's it, kaput, account's gone. I don't see how they could have opened up another in your name without your knowledge, as they'd need your agreement to make it valid. This'll obviously be why they're not sending you an agreement - it's either blank or has someone else's signature on it!

 

This is where it is really odd. If they are saying you still owe money on this account, it has not been closed so they should have the statements AND the CCA.

 

Anyone in the know, could mejules just state that she does not acknowledge this debt and work anything out that way?

 

Yes, she could claim this & make them produce a CCA to back up any contention that she did owe them money.

 

IMO do think it needs reporting as possible fraud - it's obviously nothing to do with you mejules, it's RBS' problem.

Edited by foolishgirl
typo

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hi

 

thanx for all your responses, i will later open my own thread. Can i put a link from this thread to it?

 

On the police said thats the route we first took - they said its not something they would get into and I need to go to the RBS, which is what i did but there are much use as a chocolate fire guard. Said yes the outstanding balance was paid off but they have no records of the card being cancelled nor can they supply me with details as to when a new card was issued. They have sent statements and the card started to be used again 3 months after it was paid off - my argument is though the only address they have is the property I sold.

I've also gone to the places of the more recent purchases on the statements and asked if they could provide any details ie signed visa slips etc but because of the time scale was basically told not a hope!

 

RBS havent chased since my reply about the cca but i know its coming - i feel the best route would be to take it to court force the idiots to prove that we owe the money. I have the bank statement containing the amount paid to them when we paid it off so hoping that'll help along with the none supply of cca etc.

 

Thanx again for all your advice it is greatly appreciated as i feel until now i have been knocking my head against a brick wall.

 

julie

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Glad you've started your own thread mejules but you need to link it with a copy & paste like this:

 

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/178936-mejules-against-rbs.html

 

Now everyone can find it :)

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Foolishgirl

 

After sending the letter you kindly provided me with they are still chasing and I have just received another statement dated after the final letter and they have charged interest and late fees.

 

What are my next steps?

 

Also E-sigs where there is no Y or N? How do I stand on that issue?

 

thanks

 

Scrapper:cool:

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Scrapper vs Tesco's FOS upheld complaint. Possible court action to get default removed

 

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I have been sent an agreement which was applied for online for another card, but nowhere on the form doe's it have where I signed online i.e. E-Signature. Theres nothing there at all. In fact it doesn't even have a section for this. This being the case I wondering whether it would be worth challenging them over it

 

Scrapper :cool:

"I just want to make people silky-smooth!"

 

Scrapper vs MBNA Partial Settlement Success. Saved £13,000 :lol:

Scrapper vs Barclays Bank Plc PPI Reclaim Success £5,500 :lol:

Scrapper vs Barclaycard Partial Settlement Success. Saved £6,000 :lol:

 

Scrapper vs Tesco's FOS upheld complaint. Possible court action to get default removed

 

Scrapper vs Egg (Barclaycard) Awaiting FOS

 

Scrapper vs Barclays Bank Plc Offered made & Refused. This means war :-x

Scrapper vs Barclaycard (Cabot) Waiting 4 years for CCA. Cabot advised irresolvable :lol:

 

Scrapper vs Intelligent Finance. Success

 

Scrapper vs Picture (Webb Resolutions) Success

 

 

Beginner's guide

 

Advice & opinions given by Scrapper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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Hi

I have a small claim hearing in a few months and am getting peed of with no information from th Claimant.

I wrote to the Judge the other day explaining this and he has sent an order to the Claimant to serve me with credit agreement, DN etc within 14 days.

 

What happens if they do not supply the information and what do I do.

 

Cheers

 

HAK

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Hi

I have a small claim hearing in a few months and am getting peed of with no information from th Claimant.

I wrote to the Judge the other day explaining this and he has sent an order to the Claimant to serve me with credit agreement, DN etc within 14 days.

 

What happens if they do not supply the information and what do I do.

 

Cheers

 

HAK

Make a formal application to have their case struck out on a N244 .that would be my way of dealing with it

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Cheers Paul

Was thinking that but was trying to save the £75.00

 

Depending on the court (and the judge of course) they will sometimes accept an email sent to the court requesting that the claim be struck out, as the claimant has not responded to the order to supply information. This is what I did with all of mine (four claims issued against us) and the court did strike them out on this basis, so I didn't actually pay any fees. I did telephone the court beforehand and confirmed that they had not received any reponse from the claimant, and asked if it woudl be ok to request the claim by struck out by email (letter to the judge attached) which they agreed was ok. Pt, of course, is correct and the N244 is the official route to go down, but it's worth a try as you may avoid paying the fee.

 

Magda

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