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    • Documents arrived today dated 27th March.  This is a cc taken out a long time ago (2008) and they don't seem to have been able to provide a copy of a CCA agreement, just reams of print outs of lines of texts from old bank statements, default notices etc.   
    • Documents finally arrived today from PRA group.  New day have sent me lots of paperwork, copies of default letters and statements, print out of what looks like a CCA that would have been completed on online, IP address as signature.  This debt is not too old, so possible this is the true copy of agreement ?  Not sure what my defence would be beyond irresponsible lending. 
    • pers i wouldn't.. all you need to know is in the posts of that thread....that being section 127(3) of the CCA refers. if under a CCA return, the 'creditor' claims its a recon, it must not contain any details like a sig, tickbox, or typed name (whether you signed physically or by online tickbox) 1. those are not necessary in a recon, so why inc them? (faked??) 2, it cant thus be a recon!!, it must be a copy of the 'original' from the original creditor, not from a debt buyers filing cabinet. they shouldn't not be 'mixing' some original docs from the OC with crap from their filing cabinet, claiming its ALL a recon! because some of it is faked. just remember there are far more docs like NOA and a DN that are as equally important to a court claim of 'this debt is enforceable'. never rely solely upon the dodgy agreement argument.
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davidc3 - charges upon charges leave me with no money :(


davidc3
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Hi i real do hope you get them this company has made my life a misery i see no end to the debts that they have burden me with i have very little or no money left in my house as it has all gone up in charges after charges my best wishes to you and your family i wish i new how to do the same fingered crossed

 

my situation is:

 

I have two loans with blemain finance both taken out in may and august of 2006

one loan for £5000 and

one for £6500

both loans are secured on my property and appear to be unregulated by the consumer credit act 1974

 

i have not made any payments on these loans for the last 7 month as i just sort of gave up as the charges and interest are heading in the direction of £10.000.

as well as the my ill health as a direct result of these cowboys i now need to sort my head out and fight these people all the way

 

i am at an early stage in this

 

i have prepared a letter asking for a statements on both account from may 2006 till present i will send this first class recorded on monday

hopfully this should get the ball rolling anyone with any advice i would be very grateful many thanks everyone heads up

Dave:-)

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Hi David

What if I told you I know how to get back your unfair charges with no financial risk and no going to court?

Now when you take control of this you will feel a lot better and think why didn’t I do this earlier, and how come every body isn’t doing this.

The only thing that this will take is some of your time, and the price of some recorded delivery letters.

Now I am willing to tell you how, but what you have to do is research what I tell you and understand what you are doing, nothing annoys me more than people following advice on forums, and not knowing what they are doing.

Now I see this is your first post on here so I am going to give you advice on the assumption that you know nothing about the rules and regulations relating to your agreement, different rules and regulations apply to your loan in regards to how much you borrowed and the date you borrowed it so can you answer the following questions Then I will know what rules apply and how to proceed.

1 The amount you borrowed ?

2 The date of your loan (only month and year not exact date) ?

3 Dose it say the words this agreement is regulated by the consumer credit act 1974 on your loan agreement ?

4 Have blemain ever taken you to court ?

Now as I said this is risk and cost free (you are not going to go to court) but it will cost you a bit of time and effort.

What I post underneath you should read and understand, then ask any questions you may have, and then answer my questions posted above.

 

Now read this

 

 

http://www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm

 

 

and this

http://www.financial-ombudsman.org.uk/publications/technical_notes/QG6.pdf

 

wp3

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David, you might also want to have a read of the BCOBs articles - highlighted in green - in my signature.

 

Meanwhile I am going to move your post to a thread of its own and you can perhaps tell us a bit more if you want our help and advice. :)

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

1: How can BCOBS protect you from your Banks unfair treatment

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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It's always good to see new posters getting a blink of light after being in a long dark tunnel - take sme back to when i first found CAG - and new hope and encouragement. I have hit WP3's star - it's well deserved.

 

BD

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Won’t hurt to try one of these

Section 77/78 Request

As prescribed under Section 77/78 of the Consumer Credit Act 1974

To

Name of Lender: BLEMAIN FINANCE LTD

Address of Lender: Bracken House

Charles street

Manchester

Postcode: M1 7BD

We;

Name:

Address

Postcode:

Date

Account/Loan Number:

We instruct you the creditor to supply a copy of the above Credit Agreement (if any), including any document referred to therein and statement of account under the legislation contained within Section 77 and 78 of the Consumer Credit Act 1974. I enclose the statutory fee of £1.00 as required per this request.

NAME (Account Holder 1): D.O.B.:

SIGNATURE: ………………………………………… DATE:

NAME (Account Holder 2): D.O.B.

SIGNATURE: ………………………………………… DATE:

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do these debts show on your cra file?

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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wellif they dont show

 

then odds on they're statute barred?

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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is the missing word last?

 

then no they wouldn't be sri

read it wrong.

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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i have tidied the structure of this thead to make it easier to read.

 

have you sent off an SAR yet

 

that will be your 1st move

unless you already have all the statements.

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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