Is My Agreement Enforceable - Useful

[N.P]

Hi I am having real problems with 1sr Credt they are really nasty and demanding payment in full they have given me 1 month to pay or are going to take me to court and go for a charging order on my property. Did you get you cca from them or are you still waiting. could you tell me how it has ended.

 

 

Hi Sammy,

 

Welcome to CAG, your in the right place for real help from people who WANT to help.

 

Do you have a thread for this? If not, then please start one as soon as you can and paste a link to it on here, so we can find it.

 

Also, you`ll need to scan up your letters from these parassites so we can see what we`re up against. You`ll need to register an account on Image hosting, free photo sharing & video sharing at Photobucket This is where we all save our scans and paste the links into our posts in these forums.

 

The sooner you get started, the better.

 

Your original query regarding 1st Credit probably means they did not purchase the debt and have gone back to Lloyds to see if they have the agreement.

 

Hope this helps.

 

Regards

 

 

 

N.P

[Filmfan1]

I recieved a statutory demand of connoughts however i also got one of 1st credit originally and requested a copy of my CCA , back in july 08 and I am still waiting... however they passed this debt to connoughts who issued another the stat demand on dec 15 , I have since requested my CCA from connoughts who have now written to me saying that they do not hold this documentation and have requested it off 1st credit / citifinancial , now I do feel that they are in breach of the 12 day rule and am a little confused as to what steps I should take ?? I am on a DMP . Can anyone help ?

Edited January 9, 2009 by Filmfan1
spelling

[andrew1]

Hi Sammy,

 

Welcome to CAG, your in the right place for real help from people who WANT to help.

 

Do you have a thread for this? If not, then please start one as soon as you can and paste a link to it on here, so we can find it.

 

Also, you`ll need to scan up your letters from these parassites so we can see what we`re up against. You`ll need to register an account on Image hosting, free photo sharing & video sharing at Photobucket This is where we all save our scans and paste the links into our posts in these forums.

 

The sooner you get started, the better.

 

Your original query regarding 1st Credit probably means they did not purchase the debt and have gone back to Lloyds to see if they have the agreement.

 

Hope this helps.

 

Regards

 

 

 

N.P

 

NP, I'd like to be able to do this scanning in, but my techi qualifiactions leave a lot to be desired.. At what point can you/do you have to blank out the personal details? Is it before you post them to photobucket or can you do it once they are on there?

 

Ta, sorry to digress from the thread..

[N.P]

NP, I'd like to be able to do this scanning in, but my techi qualifiactions leave a lot to be desired.. At what point can you/do you have to blank out the personal details? Is it before you post them to photobucket or can you do it once they are on there?

 

Ta, sorry to digress from the thread..

 

 

Hi andrew1,

 

Can I just ask, is this a serious question or are you taking the biccie? It`s just a find it hard to beleive that a CAG user with such a high rep score and input as you should need to ask this question. I don`t mean to sound cheeky, but that`s just how I see it

 

Anyway, I use Photoshop, but you could use any other image editing software.

 

Simply scan your document into your software as an image, I use JPEG format and then you can edit out anything you want by simply placing coloured blocks, squares, triangles or whatever you want over your letter.

 

I like to use grey blocks over my name, address, account numbers etc, then simply resave the image again with the blocked out information.

 

You can then upload them to Photobucket (you`ll need to register first, which is free). From Photobucket you can paste the links into your CAG forum posts, which in turn will then display your image (document).

 

Hope this helps, if not just shout!

 

 

 

N.P

[N.P]

Oooops,

 

Andrew1, you can also edit images on Photobucket, but I find it easier to edit them first, then upload the image.

[andrew1]

Hi andrew1,

 

Can I just ask, is this a serious question or are you taking the biccie? It`s just a find it hard to beleive that a CAG user with such a high rep score and input as you should need to ask this question. I don`t mean to sound cheeky, but that`s just how I see it

 

 

N.P

 

:D Don't I just love someone with a sense of humour? Hey, Bankfodder owns the flippin site and he doesn't know it all either, c'mmon, give us a break, I earned my green blips for slaying Cabot with the Cabot Fan Club, not designing software! I truly didn't know !!

 

I thank you for the guidance and for the recognition of being amongst the greats of the forum with so many blips and hopefully I can contribute to the thread later with some stunning, Cabot Fan Club style......GEMS! Just like yourself

 

Thanks NP, very much appreciated and again, sorry for hijacking....

 

 

Sarah

[N.P]

:D Don't I just love someone with a sense of humour? Hey, Bankfodder owns the flippin site and he doesn't know it all either, c'mmon, give us a break, I earned my green blips for slaying Cabot with the Cabot Fan Club, not designing software! I truly didn't know !!

 

I thank you for the guidance and for the recognition of being amongst the greats of the forum with so many blips and hopefully I can contribute to the thread later with some stunning, Cabot Fan Club style......GEMS! Just like yourself

 

Thanks NP, very much appreciated and again, sorry for hijacking....

 

 

Sarah

 

 

Hah hah! No probs Sarah, or Andrew or whatever your name is, Now I AM confused

[Muffintop]

Understand wherer Andrew is coming from hes been around this site for a while... I too have been around a while and I didnt know how to use photobucket or even what it was as its been a while since the bank charges and now the ccas are more about having to scan info in. keep with it andrew

[N.P]

Hi Muffintop,

 

No offense or joke was meant.

 

I just honestly thought, most users were really familiar with scanning documents and using Photobucket.

 

Now you have mentioned it though, I have noticed andrew1 hasn`t actually scanned any documents, it never occured to me that she may not know how to do it.

 

Anyway, I`m sure you can also see it from my side.

 

No harm done, let`s all kiss and make up and beat the bad guys (and dolls) together.

 

Ciao for now.

 

 

 

N.P

[cleo4patra]

Hi Muffintop,

 

No offense or joke was meant.

 

I just honestly thought, most users were really familiar with scanning documents and using Photobucket.

 

Now you have mentioned it though, I have noticed andrew1 hasn`t actually scanned any documents, it never occured to me that she may not know how to do it.

 

Anyway, I`m sure you can also see it from my side.

 

No harm done, let`s all kiss and make up and beat the bad guys (and dolls) together.

 

Ciao for now.

 

 

 

N.P

Cl

Just done a quickey for now as it's been along day and yes i forgot this morning hope this helps some people out.

 

 

Cleo here - try this tutorial for photobucket - it is really helpful!

[Muffintop]

Hi Muffintop,

 

No offense or joke was meant.

 

I just honestly thought, most users were really familiar with scanning documents and using Photobucket.

 

Now you have mentioned it though, I have noticed andrew1 hasn`t actually scanned any documents, it never occured to me that she may not know how to do it.

 

Anyway, I`m sure you can also see it from my side.

 

No harm done, let`s all kiss and make up and beat the bad guys (and dolls) together.

 

Ciao for now.

 

 

 

N.P

 

No problems from me kisses all round just felt sorry for andrew alias sarah

[web2dude]

Hello,

 

can anyone help out with this HSBC agreement - I've set up a new thread, but no feedback as yet.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/177074-hsbc-agreement-validity.html

 

Thanks

[rb2010]

Hi,

 

This is my first time posting on the site and i'm looking for some advice. I am a full time student and some years ago had a personal loan with Bank of scotland/halifax and a student overdraft.

 

I fell behind with my loan payments and it was referred to Blair, Oliver and Scott along with my overdraft, which at the time of taking out was told by the bank that i would not need to pay back until i had graduated. However, my account was closed half way through my course and i am now making payments to my loan and overdraft via Blair etal.

 

I have been reading some posts and have sent letters to blair et al requesting credit agreements for both debts. What i would like to know is what do i do next once the 30 days are up, whether i get a reply or not from blair et al?

 

I feel that they shift the goal posts whenever they feel necessary, since i started paying the debt via blair et al i have not missed a payment, but they keep harassing me to make increased payments and i am still studying. they know this but refuse to leave me alone everytime they decide to up my payments.

 

when i was making my last payment i chanced it and asked the call handler to send me out the agreements and she said no problem, however, all i got was a list of the payments i had made. So, don't think they will send me any agreements.

 

Also, is it true that a debt is not enforceable under the original bank agreement if it has been passed to a company such as blair et al?

 

Where does this stand with overdrafts?

 

Any help would be greatly appreciated.

[jaystar2020]

Hi RB2010

 

Reckon you've done well to bring this situation to light on these Forums.

There is much useful knowledge from a lot of good and helpful people here.

 

You need to start a new Thread for your situation, perhaps a Moderator will move this post. This will help highlight your situation, and keep it focussed. Check the 'How do I' on the main Forums page.

 

The first main things to attend to are -

Your Consumer Credit Agreement from B,O and S - if they are handling your debt, they need to prove to you (and a Court, perhaps) that there does actually, still, exist a real, actual and 'enforcable' Credit Agreement between parties.

This costs £1, takes 12 days initially, and if not - where is the contract between you? In not being able to show this, does the debt exist? See Letter N, http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

As you have done this, if the CCA doc is not returned to you, the account is in dispute...why continue to pay an account in dispute if there is no contract provided as requested?

 

There is much advice about this process if you search the forums and do a couple of hours reading.

 

Also - don't sign your 'true' signature as banks etc have been known to use this if they have no copy of the original. Write, don't call - easily tracked and recorded. Get all your payment agreements, etc, in writing.

Don't take calls, really.

 

These guys can't keep calling you, it's basically harassment.

 

There is a formal method of getting a list of charges against the account, which may help lower the debt, as many charges have been legally deemed unfair. This is a Subject Access Request, costs £10 and must be honoured by 'them' within 40 days'.

 

These things may help you seize back control from the harassers.

 

Hopefully others here with no doubt more knowledge can also advise you.

Really do wish you good luck!

J

[rb2010]

Thanks J,

 

i did sign the first letters, hopefully though this isn't too big of a deal. i can honestly say i have not signed any agreement between Blair et al and myself. the only agreement i signed was the original loan when i first applied for it with halifax/bos.

 

Think i need to carry on paying my overdraft bill tho as apparently this is exempt from CCA. Don'tknow how to progress with that aspect of it.

 

Will keep you all posted. I didn't realise it was only 12days, i thought it was 30 for the initial letter requesting agreement copies.

 

thanks again.

[N.P]

Thanks J,

 

i did sign the first letters, hopefully though this isn't too big of a deal. i can honestly say i have not signed any agreement between Blair et al and myself. the only agreement i signed was the original loan when i first applied for it with halifax/bos.

 

Think i need to carry on paying my overdraft bill tho as apparently this is exempt from CCA. Don'tknow how to progress with that aspect of it.

 

Will keep you all posted. I didn't realise it was only 12days, i thought it was 30 for the initial letter requesting agreement copies.

 

thanks again.

 

 

Hi rb2010,

 

Can you start your own thread on this and post a link on here so we can link to it? This will help us to help you without getting threads and posts mixed up.

 

At present I have a dispute with Lloyds TSB regarding an account and overdraft, this includes charges, and they haven`t shown up with the overdraft agreement they say I have broken. They also requested payback of the overdrawn account, and my arguement was it wouldn`t be overdrawn if they returned all the charges applied to the account. They returned some, but not all.

 

I have stopped payments and the account has been frozen for almost a year now. The same goes with the Credit Card account, only they have an agreement, which I can`t blummin` read.

 

Accounts and overdrafts are exempt from CCA 1974, but they still have to prove the debt exists, and if there are charges applied, that will also help you.

 

Start you own thread and link back to here, so we can help and follow your progress.

 

By the way, I wouldn`t use a debt management plan as you can sort this out yourself. And, I`ve never gave a DCA a single penny and never will, as they are just a bunch of empty heads that should be bombed

 

Ciao for now.

 

 

 

N.P

[rb2010]

Hey,

 

here is the original thread i started.

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/177589-blair-oliver-scott-need.html

[MAN-IN-FINANCIAL-JUNGLE]

Hi 42man Siteteam,

Thanks for your info.

Regards

Jungleman

[mandyjayne]

Hi All..

 

Can someone tell me how to add my thread from legal issues..i need to post up my mbna cca to get some advice..they have just sent me a copy of an application form i filled in.

 

regards MJ

Edited January 16, 2009 by mandyjayne
spelling

[MickKane]

Hi could someone please have a look at my thread and give me your views if its enforcable and the next steps if not thanks.

 

Here is the link

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/177761-recieved-mbna-cca-request.html#post1919069

 

Thanks again.

[vikki75]

Hi, can someone please tell me if this in enforcable?

 

http://i2.photobucket.com/albums/y26/phoenixrisingrats/shopcca-1.jpg

 

I need to get it sorted asap as I'm going away and dont want it hanging over my head as its my biggest debt!

 

Thanks in advance

Edited January 16, 2009 by vikki75

[foolishgirl]

Hi Vikki

 

I can't see all the detail but it certainly looks as though it doesn't contain all the prescribed terms (or even reference to them). eg. where's the rate of interest?

 

Certainly Littlewoods agreements do seem to have a record of being dodgy.

 

If you want more advice, could you try a larger copy, maybe post up in the storecards forum where there are other Littlewoods Cagers?

[vikki75]

Thanks it sates that the credit limit and interest will be shown on statments but there is nothing actually on the page about it. Also there are no terms and conditions on the back either?

 

Lowells were already in default of my cca request when they sent this so wanted to see if there was anything I could do.

[maisierider2008]

Right, welcome back after Christmas. It's been a while as my username changed and I couldn't log in for a while!

 

So further information on my CCA:

 

GE Money - sent a photocopy of my credit agreement

 

MBNA - sent me a letter with the cca (it says original and current but only the current terms and conditions are there), a scan of the signature reply slip that has my signature on it and my last statement

 

egg - sent me a photocopy of the orignal agreement and a whole load of screen shots from their website stating the terms and conditions. This account is in default. I am supposed to be paying a third party company but after reading on this site I should only pay monies to egg is that correct?

 

Are these what I need from them? The next thing I will do is scan them and post each on an individual thread.

 

In the meantime I need to send them an account in dispute letter, is there a template for one on here, if so I am struggling to find it?

 

Is there anything else I should be doing?

 

Thanks for all of your help so far. Fingers crossed they and unenforceable.

 

Best regards C

[beatle]

df