Newman and Cap1 debt

[hayley]

Hayley, I will be sending them the same sort of letter. They chase me on the phone and are really rude. I told them not to phone and there response 'Well Ive phoned you', when I say I wont talk to them they said 'Why dont your lips work'. The main one is a guy named Ali he phoned me 11 times in just over 6 minutes once !. They are by far the worst I have dealy with. I told them this morning that they are breaking the Data Protection Act as they do not have permission to process my data and they said 'yes we do'. They do have convincing arguments ha ha. Cant wait till they receive this letter.

 

Hi Kayne

I agree they are horrible people to deal with, very rude have you sent the harrasement letter to them? The letter i sent should have got to them today so i am hoping for a response by Friday and will post their response as soon as i have it.

Good luck

Hayley

[Notty]

Hi Haley

 

Someone posted the this on my thread yesterday, thought you might be interested in it. I dont know what to do now, whether to send a letter to Monument about their registration or not?Notty, Newman bought the debt on the understanding that you owed £800.

If it turns out that you only owe around £200, they may take the view that they have been misled and ask Cap One to take the debt back. If they hand

it back, your request will have been a waste of time.

At the time I suggested that, I thought that because Newmans were not

registered with the Information Commissioners Office at their correct address that it may be unlawful for

them to pursue you for the debt and once again sending a cca request would

be a waste of time. On speaking to the Information Commissioners Office today, I now know that though

Newmans have registered at the wrong address, it is insufficient to prevent

them from lawfully processing your data.)

 

 

 

(

[hayley]

Hi Haley

 

Someone posted the this on my thread yesterday, thought you might be interested in it. I dont know what to do now, whether to send a letter to Monument about their registration or not?Notty, Newman bought the debt on the understanding that you owed £800.

If it turns out that you only owe around £200, they may take the view that they have been misled and ask Cap One to take the debt back. If they hand

it back, your request will have been a waste of time.

At the time I suggested that, I thought that because Newmans were not

registered with the Information Commissioners Office at their correct address that it may be unlawful for

them to pursue you for the debt and once again sending a cca request would

be a waste of time. On speaking to the Information Commissioners Office today, I now know that though

Newmans have registered at the wrong address, it is insufficient to prevent

them from lawfully processing your data.)

 

 

 

(

 

Hi Notty

I have already sent the letter so i should hear something by the end of the week, i will let you know what it says probably will be a mouthful of abuse knowing Newmans.

Hayley

[hayley]

Hi All

 

Just to let you know that i have received a response today from Newman Debt Collection Agents here's what they have writen:

 

Further to your recent letter, the contents of which has been noted.

 

We ask that you elaborate further on points in your letter

 

1) You state that we are incorrectly registered with the Information Commisioners Office - please could you provide details of how you have come to this conclusion, and on what basis this claim is founded.

 

2) You state that you will report us for commiting a criminal offence again we require details of the basis of this threat.

 

Moving forwards you are in breach of your contract with Capitol One to repay monies (inc interest) voluntarily spent by yourself. Capitol One c;learly state in their terms and conditions, a copy of which is included with all credit applications, that if an account defaults they can pass the matter to their nominated representative without further reference to you, this they have done.

 

You should note that unless this matter is dealt with promptly and payments commenced IMMEDIATELY, Capitol One will be within their rights to commence Legal Action against you.

 

Anybody have any suggestions what to write back to them, any help would be appreciated.

 

Cheers Hayley

[Sparkie1723]

Hi Haley,

 

Write back and tell them that Section 16 (3)of the Data Protection Act 1998 ,Notifications states quite clearly that The address on the licence applied for and issued to a Limted Company must be that of their registered office.

The address given to the ICO on the Licence issued to Newman & Company Ltd is not their registerd Office and therefore by being incorrectly registered and having failed to notify the ICO of any change in registration particulars within 28 days is an offence under that Act, having

processed data with an incorrect registration licence, Newman & company Ltd are committing offences, further more the OFT guidelines on debt collection by creditors state that the creditor is responsible for the "vetting" of such agents and are responsible also for their actions.

In any court procedure that Newmans recommend to a creditor the offences will be brought to the attention of the courts in those proceedings or something like this.

 

 

Sparkie1723

[hayley]

Hi Haley,

 

Write back and tell them that Section 16 (3)of the Data Protection Act 1998 ,Notifications states quite clearly that The address on the licence applied for and issued to a Limted Company must be that of their registered office.

The address given to the Information Commissioners Office on the Licence issued to Newman & Company Ltd is not their registerd Office and therefore by being incorrectly registered and having failed to notify the Information Commissioners Office of any change in registration particulars within 28 days is an offence under that Act, having

processed data with an incorrect registration licence, Newman & company Ltd are committing offences, further more the OFT guidelines on debt collection by creditors state that the creditor is responsible for the "vetting" of such agents and are responsible also for their actions.

In any court procedure that Newmans recommend to a creditor the offences will be brought to the attention of the courts in those proceedings or something like this.

 

 

Sparkie1723

 

Sparkie1723 you have come to the rescue once again. Many thanks

[gizmo111]

Hayley, when you accepted the £200 repayment of charges did you sign any agreement?

[hayley]

Hayley, when you accepted the £200 repayment of charges did you sign any agreement?

 

Hi

Yes ufortunately i did, at the time i didn't know i could claim it all back when they said that £12 was fair i took their word for it.

Hayley

[zubo]

Haley

 

Pardon my intrusion.

 

It still is not too late.

 

There is a very hot interesting topic in Consumer Credit Agreement thread. Very very long.

In a nutshell: you may request from the creditor and anyone else who has bought the debt a true copy of the agreement - it has to be your signature and dated. If they cannot produce this within the very short timescales they are committing a CRIMINAL offence subject to £2,500 fine and/or prison.

In addition they nor any DCA can enforce the agreement, and they cannot profit from it so you are entitled to consolidation - full refund of all charges incl interest and your interest and withdrawal of any defaults. It is they who are in default.

Whilst the CCA is in progress they cannot act against you.

Look at the thread, there are a couple of letters already built - modify one, incl £1 fee, send it recorded and wait. 30 days later if no response send them the follow up bombshell.

 

good luck

[tifo]

In a nutshell: you may request from the creditor and anyone else who has bought the debt a true copy of the agreement - it has to be your signature and dated. If they cannot produce this within the very short timescales they are committing a CRIMINAL offence subject to £2,500 fine and/or prison.

 

12 working days they are in DEFAULT, then 1 calendar month after that they have committed the CRIMINAL OFFENCE.

 

If they then produce the agreement at a later date, this seems to get forgiven ...

[zubo]

thanks tifo, I keep forgetting the prescribed timescales.

 

The point is that it is an excellent stalling strategy and demonstrates your knowledge of the law.

 

In addition it is amazing how many cases we are seeing here in the forum where there does not appear to be the correct documentation.

[hayley]

Hi all

Just to say a big thank you, Newman have given the debt back to Capitol One. I received a letter today saying that my account was no longer being managed by Newman Debt Collection Agents who were acting on behalf of Capitol One i think Newman must have got scared.

Thanks again

Hayley

[oz4725]

Hi all

Just to say a big thank you, Newman have given the debt back to Capitol One. I received a letter today saying that my account was no longer being managed by Newman Debt Collection Agents who were acting on behalf of Capitol One i think Newman must have got scared.

Thanks again

Hayley

 

Well done on that hayley, but have you done as other posts suggested earlier and sent off the CCA request to see if Cap one have any legal right to be chasing you for the debt. Other than contravening Data Prot Laws why else did newmans get twitchy and send it back. Dont hold back Hayley keep striking away at them.

 

Sparkie, I had a good old chuckle when i saw your post about them being in deep deep trouble. I've read your work before and i just knew what was coming. Dogs Bo**oxs well done mate.

[Cristal]

Hiya - I'm sort of new to this and started a thread re Northern Rock/Wallers vs Me last week - so I hope it's okay to jump threads? But I'm in an awful situation w/Newmans. My original debt was w/Amex for £13,125. Ii missed a few payments and it was really quickly turned over to Newman in December. They've added a £2,362 collection fee!!! And harrassed me over the phone in the most abusive and terrifying way. I paid them £500. Then I found this site!! I sent them a CCA, which unfortunately they've complied with! Newman sent a copy of the orignal agreement (but no statements, as requested) but credited the £1 postal order on my account. Newman also enlcosed a copy of a letter I wrote to Amex in Nov 2006, stating I was experiencing financial difficulties, hoped it was a financial 'blip' and offered £20 per month in the hope that things would stabilise in January. Maybe it was stupid to write the letter but it seemed like a god idea at the time. Anyway, their letter today says I've never queried the debt in any telephone conversations with them, I've informed them of my efforts to raise money to clear the debt (I have tried to get a loan but as one of Newman's henchmen pointed on, my credit is terrible and I'll never get it). They claim I am merely delaying repayment of the debt. To avoid further action, they require a payment of £765 this month and every month hereafter. They have promised to stop calling and have.

 

So, what to do now? Clearly I can't aford £765 a month.

Do they have to provide me with statements to comply with the CCA?

Is there any point in sending a SAR letter? They were horrid and threatening in their calls to me.

Is there any mileage in the fact that they are incorrectly registered at Companies House? Can this be reported to OFT?

If none of the above helps, should I appeal to Amex to intervene?

 

They are disgusting!

[zubo]

Hiya - I'm sort of new to this and started a thread re Northern Rock/Wallers vs Me last week - so I hope it's okay to jump threads? But I'm in an awful situation w/Newmans. My original debt was w/Amex for £13,125. Ii missed a few payments and it was really quickly turned over to Newman in December. They've added a £2,362 collection fee!!! And harrassed me over the phone in the most abusive and terrifying way. I paid them £500. Then I found this site!! I sent them a CCA, which unfortunately they've complied with! Newman sent a copy of the orignal agreement (but no statements, as requested) but credited the £1 postal order on my account. Newman also enlcosed a copy of a letter I wrote to Amex in Nov 2006, stating I was experiencing financial difficulties, hoped it was a financial 'blip' and offered £20 per month in the hope that things would stabilise in January. Maybe it was stupid to write the letter but it seemed like a god idea at the time. Anyway, their letter today says I've never queried the debt in any telephone conversations with them, I've informed them of my efforts to raise money to clear the debt (I have tried to get a loan but as one of Newman's henchmen pointed on, my credit is terrible and I'll never get it). They claim I am merely delaying repayment of the debt. To avoid further action, they require a payment of £765 this month and every month hereafter. They have promised to stop calling and have.

 

So, what to do now? Clearly I can't aford £765 a month.

Do they have to provide me with statements to comply with the CCA?

Is there any point in sending a S.A.R - (Subject Access Request) letter? They were horrid and threatening in their calls to me.

Is there any mileage in the fact that they are incorrectly registered at Companies House? Can this be reported to OFT?

If none of the above helps, should I appeal to Amex to intervene?

 

They are disgusting!

 

Cristal

 

First take a big breath and relax.

 

Next do not speak with these people if they contact you insist on communicating in writing for the purpose of clarity.

 

Third do not even contemplate seeking assistance from Amex - they are a complete waste of space.

 

Fourth write a polite letter to Newman and copy Amex stating that as far as you are concerned the account is in dispute and until such time as you have received your SAR and investigated the account you will not pay a penny more. Send it recorded to both - look for my Amex thread someone has posted Amex contact there.

 

Fifth, and most important part, look on my Amex thread: there is a very precise requirements under the CCA of what they need to supply. Have you received the same as me - they sent me my signed application. I have returned that to them and pointed that out - they MUST send a copy of an executed AGREEMENT not an APPLICATION. I hope that is what you too have received. Even if it IS an agreement the CCA requires for it to be fully executed to comply with some very rigorous requirements. Let us know what you have received.

 

Hope it helps.

[Cristal]

Zubo!! huge thanks for your advice. It is, indeed, a signed application form with a bar code in the upper left hand corner. What does an executed agreement look like? Hopefully, you have yet to see one! I've looked at your Amex thread - they did the same to me. I had a perfect payment history with them and then they cancelled my card out of the blue.

 

So, I will write back to (revolting) Newmans as you suggested. Presumably, in addition to an 'executed' signed agreement they also need to provide me with statements, etc.? I will also send an SAR letter to them.

 

Should I also point out to Experian and Equifax that this account is in dispute?

 

Is it important to cc Amex on these letters?

 

I cannot tell you how FABULOUS your reply has been...will keep you posted. It's amazing that Amex associates itself with slimedevils like Newman. Again, huge thanks for your input.

[Cristal]

PS Just to clarify....i missed a few payments after Amex withdrew my card, not before!

[zubo]

Zubo!! huge thanks for your advice. It is, indeed, a signed application form with a bar code in the upper left hand corner. What does an executed agreement look like? Hopefully, you have yet to see one! I've looked at your Amex thread - they did the same to me. I had a perfect payment history with them and then they cancelled my card out of the blue.

 

So, I will write back to (revolting) Newmans as you suggested. Presumably, in addition to an 'executed' signed agreement they also need to provide me with statements, etc.? I will also send an S.A.R - (Subject Access Request) letter to them.

 

Should I also point out to Experian and Equifax that this account is in dispute?

 

 

Is it important to cc Amex on these letters?

 

I cannot tell you how FABULOUS your reply has been...will keep you posted. It's amazing that Amex associates itself with slimedevils like Newman. Again, huge thanks for your input.

 

My pleasure. I have yet to see an executed agreement. There is a very very long terrific thread which discusses this in detail. It looks very much like there are many Credit Card companies who havent a clue as to their obligations under CCA. CCA imho is likely to have a bigger impact than bank penalties.

Anyway, down to business - I'm running out of time and need to get to work:

The CCA request is exactly that a request under S78? need to check, of the CCA. There are no statements involved at all. You should have sent £1, if they fail to supply in 12 days they are in default, 30 days they are committing a criminal offence.

The SAR - now send £10 - see the template section for letter details. send it recorded. Timescales - they must supply in 40 days.

Copy both Amex and Newmans, chill out, get a bottle of wine, read the long thread. Dont worry about the contionous debate re detail of CCA - a healthy debate sharpens all our minds.

 

There is another thread re Experian etc which is unbelievably excellent, I'll dig it out when I have time....

 

get your letters out!!

[zubo]

Well done on that hayley, but have you done as other posts suggested earlier and sent off the CCA request to see if Cap one have any legal right to be chasing you for the debt. Other than contravening Data Prot Laws why else did newmans get twitchy and send it back. Dont hold back Hayley keep striking away at them.

 

Sparkie, I had a good old chuckle when i saw your post about them being in deep deep trouble. I've read your work before and i just knew what was coming. Dogs Bo**oxs well done mate.

 

Haley

 

I will keep this brief - need to get to work - pm me if you need more!!

 

Well done, the dogs are in the corner, but they will try to bite again. send CCA request to crap1 and checkout a thread of mine re old agreements. I hammered them until they wrote acknowledging writing off £6k of unenforecable debt.

 

Please don't stop now - you can go the extra mile and be debt free!

[Sparkie1723]

Important Info about Newmwn Debt Collectors

 

 

They have now registered correctly with the ICO and got themselves out of that one, so we cant use that against them from now on, Haley got them just in time.

Bad news that one.

 

 

sparkie 1723:(

[Notty]

Hi guys

(Well done Haley)

 

Thats a bug.... Sparkie. I was going to send a letter to them. Tell you the truth I'm a bit confused now what to do for the best. I have issued my NI against the orginal card issuers for the return of charges and removal of the defaults. I have written to the DCA's who are now dealing with the cards and cca'd them 46 days ago. Nothing from either one. My main objective is to get the defaults removed so should I also try and force Newmans and Cabot (Kingshill1 are the ones who placed the default) to remove the defaults and give me any money back I paid them. The trouble is I did agree to pay them something and also recently sent a letter offering them a £1 a month until the court cases were sorted. So on the cca letter it didnt have the bit on the top about not acknowledging the debt. So all in all it is a bit of a confusion. HELP!

[Cristal]

From ZUBO: My pleasure. I have yet to see an executed agreement. There is a very very long terrific thread which discusses this in detail. It looks very much like there are many Credit Card companies who havent a clue as to their obligations under CCA. CCA imho is likely to have a bigger impact than bank penalties.

Anyway, down to business - I'm running out of time and need to get to work:

The CCA request is exactly that a request under S78? need to check, of the CCA. There are no statements involved at all. You should have sent £1, if they fail to supply in 12 days they are in default, 30 days they are committing a criminal offence.

The S.A.R - (Subject Access Request) - now send £10 - see the template section for letter details. send it recorded. Timescales - they must supply in 40 days.

Copy both Amex and Newmans, chill out, get a bottle of wine, read the long thread. Dont worry about the contionous debate re detail of CCA - a healthy debate sharpens all our minds.

 

There is another thread re Experian etc which is unbelievably excellent, I'll dig it out when I have time....

 

get your letters out!!

 

Hi Zubo -

 

Sorry I don't know how to 'quote' and I'm really not sure of the etiquette on threads, etc....the more threads I read, the less I seem to know. I think I've grasped a concept and then it slips away again! I did send (registered post) a stiff letter to Newmans today, pointing out their 'mistake' in sending me my Amex application form and not a signed, executed agreement. I am trying to get my head around CCAs, SARs and DSARS and the chronology of sending these letters and to whom (for the record, I have CCA'd Eversheds, 1st Credit, Direct Legal/Hillesden Securities, Triton, Viking and, my favorite, Newman). Tho I've read a lot about SARs, they seem to be more useful when claiming back illegal charges but I assume they will also act as a delay with debt collection? Sorry to be boring, but for clarity's sake - does the sequence go like this: 1. Send a CCA, wait the 12 working days for reply and hope they don't provide the correct documents they are legally bound to (do I write and tell them they've defaulted?) 2. Once that 12 day period expires, I then send an SAR (w/£10) to the orginal creditor? or the DCA? and wait 40 business days for them to comply. If they fail to.....what happens next is....a variable? Seems like it either goes to court or the debt is written off and your credit file is amended? How incriminating are the letters I wrote to creditors last year, admitting the debt and offering to pay X amount until I can resume normal payments?

I'm also battling w/Northern Rock and their solicitors Wallers on a secured loan who want to put a lien on the property, but I guess I should stick to the thread (I think) I started? Sorry I'm not more familiar with how things work here.....and, as ever, endless thanks for all your help. It is incredibly confidence building.....

[zubo]

From ZUBO: My pleasure. I have yet to see an executed agreement. There is a very very long terrific thread which discusses this in detail. It looks very much like there are many Credit Card companies who havent a clue as to their obligations under CCA. CCA imho is likely to have a bigger impact than bank penalties.

Anyway, down to business - I'm running out of time and need to get to work:

The CCA request is exactly that a request under S78? need to check, of the CCA. There are no statements involved at all. You should have sent £1, if they fail to supply in 12 days they are in default, 30 days they are committing a criminal offence.

The S.A.R - (Subject Access Request) - now send £10 - see the template section for letter details. send it recorded. Timescales - they must supply in 40 days.

Copy both Amex and Newmans, chill out, get a bottle of wine, read the long thread. Dont worry about the contionous debate re detail of CCA - a healthy debate sharpens all our minds.

 

There is another thread re Experian etc which is unbelievably excellent, I'll dig it out when I have time....

 

get your letters out!!

 

Hi Zubo -

 

Sorry I don't know how to 'quote' and I'm really not sure of the etiquette on threads, etc....the more threads I read, the less I seem to know. I think I've grasped a concept and then it slips away again! I did send (registered post) a stiff letter to Newmans today, pointing out their 'mistake' in sending me my Amex application form and not a signed, executed agreement. I am trying to get my head around CCAs, SARs and DSARS and the chronology of sending these letters and to whom (for the record, I have CCA'd Eversheds, 1st Credit, Direct Legal/Hillesden Securities, Triton, Viking and, my favorite, Newman). Tho I've read a lot about SARs, they seem to be more useful when claiming back illegal charges but I assume they will also act as a delay with debt collection? Sorry to be boring, but for clarity's sake - does the sequence go like this: 1. Send a CCA, wait the 12 working days for reply and hope they don't provide the correct documents they are legally bound to (do I write and tell them they've defaulted?) 2. Once that 12 day period expires, I then send an S.A.R - (Subject Access Request) (w/£10) to the orginal creditor? or the DCA? and wait 40 business days for them to comply. If they fail to.....what happens next is....a variable? Seems like it either goes to court or the debt is written off and your credit file is amended? How incriminating are the letters I wrote to creditors last year, admitting the debt and offering to pay X amount until I can resume normal payments?

I'm also battling w/Northern Rock and their solicitors Wallers on a secured loan who want to put a lien on the property, but I guess I should stick to the thread (I think) I started? Sorry I'm not more familiar with how things work here.....and, as ever, endless thanks for all your help. It is incredibly confidence building.....

 

Hope my pc keeps going - playing up big time.

First etiquette:

You should start one thread per creditor - search for the forum and post there. This thread is really Haley's. Concentrate on your biggest problem and work through the rest. Second - not easy - read the FAQs should be first really. Rationale is others in your forum will have v similar problems/solutions - we are all sharing what we know and debating uncertainties. Quote if you wish to include what you are replying to - you dont have to... at the bottom right of my post is a button called quote - that grabs my post and opens a post for you to enter your details - you can cut out anything between the quote at the start and quote ate the end.

 

I'm going to just post that right now in case my pc dies...

[zubo]

Cristal:

 

Next is strategy.

 

Leave clearing up Defaults on your credit file until last - I will post links in a minute.

 

This is MY strategy.

 

We have all believed we owe people who chase us for money and in times of difficulty have made a variety of offers or been forced to do so. This is done o the basis that we believe we owe the debt because we are told so or people have written to us details of what we owe. Very few people actually deny the debt. We do so on the understanding that there exists a fully executed agreement and the creditor is using his rights under that agreement.

 

The CCA 1974 is a huge complex document providing all the legislation for financial transactions (excluding mortgages) from £50 upwards. It legislates every aspect of a variety of differing agreements, including where surety is required. It is relevent from 1975? its in the Act cant remember, but does not apply in Scotland and I think N Ireland. There have been other subsequent Statutory Instruments which have modified this in later years, but nothing significant that we can see which affects our use of it.

 

The primary reason for using CCA is to establish that you do have an enforceable agreement. The Sections referred to provide you with the right to obtain every detail of that agreement - the prescribed terms. According to a reference I recently read from the OFT, unless the creditor can provide a fully executed agreement which means every aspect required of the prescribed terms, then the creditor cannot go to court seeking enforcement.

 

This leaves an unenforceable debt. Further - the creditor has no right to provide any CRA details of the alleged debt, nor communicate any information nor request a DCA collect the debt, nor make charges on the debt.

 

I always copy any DCA into these letters to avoid misunderstanding and more importantly so that they know you are being reasonable and lawful.

 

I allow more than 12 days - 21 seems reasonable. I issue a follow up letter pointing out that they are in Default on the alleged agreement and that the alleged agreement is now unenforceable and consequently I will make no further payments to them until they obtain a court order to lift the default.

After 30 days - well again I allow an extra week, I inform them that they have now committed a criminal offence liable to £2500 fine or imprisonment. At this time I will issue them in a seperate letter a request for a S.A.R - (Subject Access Request).

 

The purpose of the S.A.R - (Subject Access Request) is quite simple. Remember this is only my strategy but it is a good one. Nobody to my knowledge has obtained an outcome at this stage (except it seems to have forced my creditor to write off a £6k debt.

The SAR if they comply, will give you details of ALL their charges and your payments during the lifetime of the alleged agreement. Not just penalties but all their interest too. There is a couple of ways at looking at this, mine is probably too simple, however - if you never had to pay the money which you did then you would be earning interest on it. added 1/4/07: There has been reference to CCPs not being able to enrich themselves whilst an agreement is in default. You could argue that a completely unenforceable agreement has been in default right from the outset of the agreement, therefore - So add all the CCP charges and interest and apply annualised interest, same as penalties and that is the value of money you should have had. The rationale here is this - the alleged agreement was in Default at the outset, it was not fully executed and the creditor had no right to request and receive any payments. Again there is reference to it in the CCA - whilst the agreement is in default the creditor is not entitled to enrich himself. This entire process of recovering money is called Consolidation.

 

Now... this has been put to court by one of my favourite posters, the circumstances were a little different but she failed on Consolidation because the judge (wrongly in my view) thought that she was not entitled to it, because the Creditor did not take the money knowing that the agreement was in default until it was brought to his attention. She won the remainder of the case and felt although she had a strong case for appeal against the judges decision it was going to be too expensive to appeal.

 

There are a number of posters on my favourite thread looking at similar actions against Credit Card companies using yet another strategy - a Section 85. Did you know that the act says that for Credit Cards - it refers to them as tokens - then every time new token is issued ie you get a new card, there is a strict requirement under the Act to send with each token a full copy of your executed agreement (and this is NOT the standard T&Cs which they always send). Think back - remember chip n pin - didnt you get a new card - did you get a copy of your fully executed agreement?? no?? oh shame, that agreement is in default tooooo.

 

Is that enough? I'm sorry I ramble.

 

Footnote: its confusing who actually owns debt, but generally DCA bulk buy debt - if they do they should but dont have a copy of the agreement and should have a copy of the assignment to them of the debt. The CCA to the rescue makes it quite clear that the creditor may mean the original creditor or the person the debt is assigned to(purchased). When challenged they often refer back to their client - I usually send them both £1 and a demand for the agreement.

[ODC]

The CCA 1974 is a huge complex document providing all the legislation for financial transactions (excluding mortgages) from £50 upwards. It legislates every aspect of a variety of differing agreements, including where surety is required. It is relevent from 1975? its in the Act cant remember, but does not apply in Scotland and I think N Ireland. There have been other subsequent Statutory Instruments which have modified this in later years, but nothing significant that we can see which affects our use of it.

 

.

 

Interesting point you have raised there. From what I can recall from any Credit agreements I have ever signed they always say that in any dispute. English Law applies. Maybe the Mods could move this as a new thread to see what way our friends in Northern Ireland are covered by the protection given in the Act