Baines & Ernst now CCCS - many debts

[spuddly]

I am 43 years old and currently on a DMP WITH CCCS for the past 6 years, Bad times...

But i have got a £40.000 debt down to £11.000 and not long left ..Good times:-)

At first I was with BAINES & ERNST but left them as they were taking a fee each month for there services .

 

 

My first bank acount was with the HALIFAX and B&E suggested i change accounts to make life easier as i owed £750 overdraft with them.

i joined LLOYDS TSB for 2 years but left them and finally settled with the NatWest.

What i would like to know is could i repay the balance i have left owing the HALIFAX with the charges that i know i have paid to them over the years i was with them. Unfortunatley i think it is past the official 6 year limit.

I owe them £240.00 so could i get them to consider settling this overdraft ..!!

 

 

 

 

I am not best pleased with myself for almost bankrupting my family 7years ago had it not been for my calming and loving wife. It all started when i got a job that at the time paid 3X more than i was on so all the credit and debit offers came flooding in and like a kid in a sweetshop we wanted it all without thinking it through. Reality struck home way down the financial ladder when we was taken to court and issued with a CCJ and told that we almost qualified for financial ruin .I never thought that i would break down the way i did...

We started using Baines and Ernst to help setup a monthly budget and for a few years we carried on maintaining the monthly payments until one day i came across a site that on second look did not charge any fee they were CCCS. So straight away we changed to the free service. We have been with them now for 3 years and pay £459 through them to our creditors pro rata.

7 years is a long time to pay and I cannot find all agreements from the creditors we owe what should we do next!

Thanks

Spuddly[/font]

[spuddly]

:( []

 

 

 

I am not best pleased with myself for almost bankrupting my family 7years ago had it not been for my calming and loving wife. It all started when i got a job that at the time paid 3X more than i was on so all the credit and debit offers came flooding in and like a kid in a sweetshop we wanted it all without thinking it through. Reality struck home way down the financial ladder when we was taken to court and issued with a CCJ and told that we almost qualified for financial ruin .I never thought that i would break down the way i did...

We started using Baines and Ernst to help setup a monthly budget and for a few years we carried on maintaining the monthly payments until one day i came across a site that on second look did not charge any fee they were CCCS. So straight away we changed to the free service. We have been with them now for 3 years and pay £459 through them to our creditors pro rata.

7 years is a long time to pay and I cannot find all agreements from the creditors we owe what should we do next!

Thanks

Spuddly[/font]

[spuddly]

Hi All,

i sent five letters out on 14th march by recorded delivery requesting an original copy of my credit agreement from each of the companies and so far only 1 has replied .. Cabot financial.

Here is a copy of the letter...

 

 

Card type : associates credit card

Card number:XXXXXXXXXXXXXX

 

Dear mr XXXXXXXXXX

Further to your previous communication regarding the above referenced account

We have today contacted Associates to investigate your query, and hope to resolve this matter swiftly.

Although we anticipate a reply within the next 21 days, it can take up to 8-10 weeks if the information we require has been archived, and we therefore request your understanding in this matter.

 

Yours sincerley

 

emma roberts

customer relations department.

 

 

end

 

 

So a reply to one ...!! what about the others...? any help would be appreciated

[spuddly]

I will put this thread in the section dealing with cabot and THANK YOU ..to everyone for your support:)

[spuddly]

Hi All,

i sent five letters out on 14th march by recorded delivery requesting an original copy of my credit agreement from each of the companies and so far only 1 has replied .. Cabot financial.

Here is a copy of the letter...

 

 

Card type : associates credit card

Card number:XXXXXXXXXXXXXX

 

Dear mr XXXXXXXXXX

Further to your previous communication regarding the above referenced account

We have today contacted Associates to investigate your query, and hope to resolve this matter swiftly.

Although we anticipate a reply within the next 21 days, it can take up to 8-10 weeks if the information we require has been archived, and we therefore request your understanding in this matter.

 

Yours sincerley

 

emma roberts

customer relations department.

 

 

end

 

 

So a reply to one ...!! what about the others...? any help would be appreciated.

I have started this thread in general debt section but suggested i move it here. i was not sure how to move the entire post.

[spuddly]

cheers ..

[spuddly]

Hi all,

 

I havent had any communication from cabot since first letter 26th march 07 so i can only assume they dont have my credit agreement as i requested and are taking money from me unlawfully so i will be sendng them this Thanks to Diskmandave

Like this

 

Dear sir

 

I refer to my letter dated 17/03/2007 which was delivered via Recorded Delivery to your offices on20/03/2007.

 

You have failed to supply the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

 

In my letter of the 14/03/2007 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time Cabot purchased this account, along with any other documents mentioned in the credit agreement.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on 04/04/2007 and 04/05/2007 respectively.

 

As you are no doubt aware, Section 78(6) states:

 

If the creditor under an agreement fails to comply with subsection (1) -

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore on 04/05/2007 this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, i do not acknowledge any debt to Cabot.

 

I require the following action from Cabot :

 

1. All payments made to date to Cabot for this account should be refunded in full, including interest at the rate of 8% per annum.

 

2. Removal of all defaults entered by Cabot. Note this is to be a complete deletion and not merely an amendment.

 

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

 

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

 

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Cabot or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

 

I look forward to your reply within 14 days to resolve the matter amicably.

(final date before action 25/05/07)

[spuddly]

Hi all,

 

I have requested the credit agreements for 5 separate companies that i currently paying on DMP and have gotten only one copy of an actual agreement the other four i am sending trading standard letters to letting them know i no longer acknowledge the debt as they have not provided me with copys of my agreement.

My question is:

should i also report each one in turn to the Financial ombudsman service

as well as sending letters.

 

The guilty partys are :

cabot

citifinancial

2 X paragon financial

 

Thanks

Spuddly

[spuddly]

Thanks they are

past 12 days and 30 days up on 04/05/2007

[spuddly]

sent trading standards letters to citifinancial, CABOT and one ofthe PARAGON accounts the other PARAGON account are playing for time ( see PARAGONS UNDERHAND TACTICS post)

 

 

will report each one to FSO also i

will contact D M P after bank holiday to cancel payments .

 

spuddly

[spuddly]

Hi all, i have been reading around this site and come across this sticky posted on 17th april 07 by gizmo111

 

 

A debt becomes unenforceable under the CCA if a creditor does not supply a true copy of the signed credit agreement within 12 working days of it being requested, after a further month the creditor has committed an offence. This offence can be reported to the Trading Standards Authority (in the creditors area, not your local one), or the FSA.

 

The debt remains unenforceable for as long as the creditor fails to produce the signed credit agreement – this means if they produce the agreement some months down the line, they are quite within their rights to enforce it. They do not need to take any further action to enforce the debt. A debtor cannot take any action against the creditor for failing to produce the signed credit agreement within the prescribed time, because that is up to the agencies that the offence has been reported to. Any sanctions that may be imposed are at the discretion of these agencies, and it is not a matter that the debtor can take to the civil court.

 

If a CCJ has already been entered against a debt, then there is no point in requesting the agreement under the CCA, if your intention is to argue that the debt is unenforceable, since the debt has already been enforced. You can however request a true copy of the original signed credit agreement if you wish to check original terms and conditions etc. If they do not supply it then your only recourse is to report them to the aforementioned agencies. It would be very difficult to prove that they didn’t have the agreement at the time judgment was entered.

 

It is imperative that you continue to pay any debt under the terms of a CCJ.

 

Issuing a court claim for non-compliance of a CCA request in all probability achieves nothing to benefit to the debtor, as a court claim is likely to spur a detailed search which could well end up with them producing a perfectly acceptable original signed agreement in court – which would result in the debtor losing the case, and being made liable for the creditor’s costs.

 

If after requesting a true copy of a signed credit agreement the creditor fails to produce it, it does not mean that the debt does not exist, because at the end of the day the debtor spent the money and therefore they owe it and need to pay it back The debtor may now however be in a good position to make a full and final offer to clear the debt.

__________________

 

 

i thought the whole process of sending CCa and Trading standards letters would resolve the situation of no credit agreement between myself and the creditors thus allowing the debt to be written off and any funds paid by me returned as they have committed a criminal act by not complying to my earlier dated and recorded letters of request.

 

Have i gotten the whole process wrong !!

should i have bothered anyway....!!

[spuddly]

Hi priorityone,

Thanks for the quick reply,

as you may know at the moment I am on a DMP with CCCS i have had no response after sending approppiate letters and waiting 12 and 30 days so on tuesday 08/05/07 i am stopping payments to these 4 grabbing bstdos would you agree on this course of action .....regards spuddly

[spuddly]

Thanks for the positive feedback, after all is said and done with these leeches all i was after in feb was a CCA for £1 as i had no previous experience in these matters i now feel much more confident in dealing with this subject.

spuddly

[spuddly]

finally getting my house in order

Telephoned CCCS today and canceled three off my list

1...citifinancial

sent CCA 17/03/07 recieved 20/03/07

reply 24/04/07 no agreement

sent failed to comply letter 01/05/07

sent S.A.R - (Subject Access Request) 08/05/07

sent FOS complaint 08/05/07

WON.......http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

 

 

2...CABOT

sent CCA 17/03/07 recieved 20/03/07

reply 26/03/07 they will investigate(miss marple!!)

sent failed to comply letter 08/05/07

sent S.A.R - (Subject Access Request) 08/05/07

 

link to thread

http://www.consumeractiongroup.co.uk/forum/cabot/78350-cabot-financial-response.html

 

 

3...paragon (ref48)

sent CCA 17/03/07 recieved 20/03/07

reply NONE!!

sent failed to comply letter 08/05/07

sent SAR 08/05/07

 

this one is awkward...

PARAGON (ref140)

( R D SHELTON)

sent 15/03/07 forgot to add £1 cheque but recieved by them on 16/03/07

sent second letter+£1 cheque 17/03/07 sent back "GONE AWAY"??

Contacted for confirmation of address then sent 3rd letter to HELEN DAVID...no reply to that letter either

sent 4th letter 01/05/07 SPECIAL DELIVERY finally recieved 02/05/07

sent SAR 08/05/07

 

link

http://www.consumeractiongroup.co.uk/forum/general-debt/89866-originally-10k-now-paid.html

 

These two i think i wll save for later (not too long though)

sent SAR halifax 01/05/07

sent CCA barclaycard 01/05/07

 

link

http://www.consumeractiongroup.co.uk/forum/barclaycard/99562-sent-cca-barclaycard-01-a.html

[spuddly]

requested files from Baines and Ernst today.

i originally had a DMP with them and they confirmed that they would send me details through the post of my payments even though i ceased using them back in 2004. B&E were hesitant at first but after going through security checks and after i explained why i wanted the files they were most helpfull.

How kind they are...

[spuddly]

Ok then just recieved this letter this morning...

 

Dear XX XXXXXXXX

Further to your communication regarding the abouve ACCOUNT.

I can confirm that we are not the originator of the Debt and are reliant on the retrieval of the information from each of the creditors.Under the credit consumer Act 1974 sections 77 and 78 it states that the credior should supply information with an appointed time(initially12 days then a further 30 days).Cabot has sought advice from trading standards who have confirmed this does not apply to us, as wewere not the "creditor" and the accounts have defaulted.

We are sympathetic to the urgency of your request but as previously stated we are reliant on the retrieval of the application from Assosiates.

Thank you for your continuing patience.

 

your sincerley

Emma robertson.

Customer relation dept

Cabot financila group.

 

What are they saying then.......!!!

[spuddly]

This is exactly everything on the bottom of the letter..

 

yours sincerely

 

SIGNATURE of emma

 

Emma robertson

Consumer relations department

Cabot financial (Europe) ltd

[spuddly]

My original loan was with ASSOCIATES credit card and ended up with CABOT.....

So If cabot are not the "creditors" as stated in their letters then why on earth have i been paying Cabot my money for at least the last 3 years on my DMP...????

does this mean CABOT bought the account off ASSOCIATES CC but got no signed and dated CCA from them?

 

spuddly.

[spuddly]

Do i take this letter as POSITIVE ACTION or wait until the 14 days have elapsed..

 

 

i require the following action from Cabot :

 

1. All payments made to date to Cabot for this account should be refunded in full, including interest at the rate of 8% per annum.

 

2. Removal of all defaults entered by Cabot. Note this is to be a complete deletion and not merely an amendment.

 

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

 

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

 

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Cabot or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

 

I look forward to your reply within 14 days to resolve the matter amicably

Looking on my credit file i notice that KINS HILL NO1 actually put the DEFAULT on my file back in 02/2002 how do i get this removed.!

[spuddly]

QUOTE "I don't see it as that. In the eyes of the law the debt still exists but it can't be enforced. And if you know you have borrowed the money then in the spirit of the law you should pay it back..cos you can bet that if it came to court the Judge would see it that if you have been paying it off for 3 years then you have acknowledged the debt so you need to repay it, it gets thrown out of court and you get dumped with court charges"...

SHIELD BLASTER.

 

I dont deny the account exists which i had with ASSOCIATES CREDIT CARD and was happy to pay them back, however until CABOT prove with a properly executed CCA then i will make NO FURTHER PAYMENTS to them

[spuddly]

COOL:cool:

 

This account has been ongoing since 2001 on a DMP i am not sure when it actually changed to CABOT i can only trace it back to 2004, however earlier this year i did 2 credit searches on myself and KINGS HILL NO 1 was on EQUIFAX whereas CABOT is on the EXPERIAN both with the same account number...??

 

NEVER HEARD OF KINGS HILL NO 1 UNTILL I SAW IT ON MY CREDIT REPORT!!!!

I have sent a SAR request to CABOT 08/05/07 and when they send me the details then hopefully i will be able to sort out whats been paid and to whom...

[spuddly]

I have sent a S.A.R - (Subject Access Request) to CABOT 08/05/07

Boy that was quick !!Cabot have cashed the £10 cheque so i assume the SAR will be with me soon. or are they just after the cash for now seeing as i told them i will not pay until i see a CCA .

[spuddly]

HOOOORAY!!!....... Paragon are reading there mail.... at last a response to my trading standards letter (be it all but brief).neverless its the first thing i have heard from them since sending a CCA 20/03/04 and my trading standards 04/05/07 letter telling them im not paying anymore untill i see the CCA.

it goes...

Dear MR XXXXXXXXXX

Thank you for your letter dated 4 may 2007.

I am presently investigating the comments you have raised and will forward a full response shortly.

In the meantime, i can be of any further assistance please do not hesitate to contact me.

 

yours sincerley

 

MRS CAROLINE WORTON

CUSTOMER SERVICES MANAGER

 

sounds like there excuse for replying within the 14 days i requested...

[spuddly]

Hi all,

well i got a letter today from CABOT on silver headed paper OOOOOHHH!!

 

Dear Mr XXXXXXXXXX

 

SUBJECT ACCESS REQUEST

 

Thank you for your letter in relation to your request for a file in relation to your personal data.

 

We are currently compiling a full file on all the data that this Company holds on you. You should recieve the full file within 40 days.

 

We reccommend that you make a similar request with the creditor who may hold information on you which we may not have.

 

we thank you for your co-operation in this matter.

 

Yours sincerley

 

 

William wellinghoff

Assistant Legal Council.

 

What to do next......!!

[spuddly]

Cheers shieldblaster, not sure about sitting back !!

 

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Cabot or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

 

I look forward to your reply within 14 days to resolve the matter amicably.

 

I dont associate these letters as resolving this amicably so ill be taking maters further after the time is up i set the date as

(final date before action 25/05/07)

 

I have already reported them to F O S..

also

i will sort the court proceedings out then go and watch the Pirates on the big screen as well...!!!!