Any advice please

[N.P]

Hi Fedup,

 

I`ve just subscribed to your thread with great interest, and I must say well done so far, you seem to have a huge fight on your hands with all these horrible parasites.

 

Following on from Priorityone`s last post. My girlfriend has just informed you should definately be able to claim Disability Living Allowance for your cousin. She`s has arthritis and is claiming it because she is unable to work.

 

She also said yourselves should also be able to claim a Carers Allowance to cover your own expenses etc. Perhaps you should check this out. You should have no problems as yours is a genuine case.

 

Anyway, just thought I`d drop a post.

 

Keep chipping away at them, your in good company on here.

 

Regards

 

 

N.P.

[fedupwithDCA's]

Yes I have claimed DLA for him already and in process of asking for an upgrade as he also has very bad arthritis in his knees, which he hadn't seen a doctor about so was only awarded low rate mobility but now that i have nagged him to keep mentioning them every time he goes to docs we should get an upgrade. If there is anyone out there that needs benefit advice, DLA/AA forms completed it is my job so feel free to contact. If already in receipt of I can also check you are receiving the correct amount, as DLA affects Income Support, you get more and if on high rate of dLA you get even more Inc Supp.

[PriorityOne]

Am really glad that he's already receiving the DLA.... does he get the Care component as well as Mobility though ? Probably a silly question... seeing as you know about this sort of thing anyway.

[fedupwithDCA's]

Yes he gets low rate care as well so trying to upgrade that too now we know more about the effects the stroke has had on him

[fedupwithDCA's]

Not been on site for awhile as all has been quiet. Now starting to get replies back. 1st credit re Bank of Scotland have acknowledged my letter but still asking for me to phone; HFC have stated that the copy of the application sent to me shows, in the signature box, that it is a credit agreement regulated by the CCA 1974 and by signing it our cousin has agreed to be legally bound by its terms. They have also asked for a prognosis and certificate confirming that he has had a stroke. Capquest re Marks have sent a copy of the assignment letter and how to make payment (no CCA). Cabot re MBNA have sent stating they wil investigate our complaint and on hold, a further letter asks us to phone them as they have not been able to contact us: Capquest have stated in their letter that they have not been harassing, as they have been unable to contact cousin, although we have always insisted that all contact be in writing. 9 have placed on Hold, one has closed case and one we have reached a settlement figure of £900 instead of £3000+. NDR who were chasing payment for Marshall Ward have totally ignored all letters, have now received a letter from Moorcroft threatening court action and Marshall today have rung cousin asking for payment, stating they have no knowledge of debt. The remaining 5 have not replied. So far pleased with result, am I at stage where I can send copies to OFT for those that are still asking us to ring and those that are chasing/passing debt on?

Grateful of any advice, thanks

[PriorityOne]

Not been on site for awhile as all has been quiet. I did wonder how things were going.... Now starting to get replies back. 1st credit re Bank of Scotland have acknowledged my letter but still asking for me to phone; Don't ever 'phone... but I'm sure you know this already. HFC have stated that the copy of the application sent to me shows' date=' in the signature box, that it is a credit agreement regulated by the CCA 1974 and by signing it our cousin has agreed to be legally bound by its terms. [b']Nice try by HFC, but an Agreement is not a CCA. Are you sure it's an Application ? Are you able to scan it up on here... with personal details blanked out ?.... or describe its contents ? [/b]They have also asked for a prognosis and certificate confirming that he has had a stroke. None of their business. Capquest re Marks have sent a copy of the assignment letter and how to make payment (no CCA). No CCA = no enforceable debt. Cabot re MBNA have sent stating they wil investigate our complaint and on hold, a further letter asks us to phone them as they have not been able to contact us:tough... Capquest have stated in their letter that they have not been harassing, as they have been unable to contact cousin, although we have always insisted that all contact be in writing. The usual cr*p then. 9 have placed on Hold, one has closed case and one we have reached a settlement figure of £900 instead of £3000+. Did they have a CCA ? What kind of account was this... and who with ? NDR who were chasing payment for Marshall Ward have totally ignored all letters, have now received a letter from Moorcroft threatening court action and Marshall today have rung cousin asking for payment, stating they have no knowledge of debt. If they have no knowledge of any debt, then how can they demand payments ??! The remaining 5 have not replied. So far pleased with result, am I at stage where I can send copies to OFT for those that are still asking us to ring and those that are chasing/passing debt on? You're best to wait until they are in criminal default of a CCA request (12 working days + a further calendar month)

Grateful of any advice, thanks

 

Suggested letter to Moorcroft (rec. delivery)....

 

Dear xxxxx

 

Ref xxxxxx

 

I do not acknowledge any debt to your company.

 

With reference to your letter of xx/xx/2007, a legal request for a copy of my Consumer Credit Agreement (Consumer Credit Act, 1974) was received by xxxxxxx on xx/xx/2007. Until such times as they are able to comply with this request, the account remains in dispute, is unenforceable and no payments will be forthcoming.

 

Under the circumstances, I suggest that you liaise with xxxxxx sending me any more letters demanding payment.

 

Yours faithfully,

 

If I'm offlline by the time you post back.... it's because I'm back at work now (just had 6 glorious weeks off !) and need my bed !

[fedupwithDCA's]

The one paid was for a CCJ for Abbey card. I have scanned application but nothing happens when I choose the paperclip, comes up with error on page. The application is the normal asking for name address, employment, other cards, expenses,bank acc details, additional card holders, payment protection plan. Then it asks to formally confirm that you are at least 18, have read and understood terms and conditions, the information is true etc, any false info will invalidate application, may obtain further info from other reference agencies,acknowledge that BFC ins ltd and BFC Life ltd are connected. In box it states 'This is a Credit Agreement reg. dated? (can't quite make out as poor copy) by the Consumer credit Act 1974. Sign it if only if you want to be legally bound by its terms. HFC have asked for medical info as we were trying to neg. a settlement figure once we had relevent paperwork confirming debt. Have done letter to Moorcroft so thanks for that, will send RC tomorrow.

Sleep well

[PriorityOne]

The one paid was for a CCJ for Abbey card. Was this a Full & Final settlement ? CCJ accounts cannot be disputed with a CCA request' date=' so if this one's settled.... that's one gone. [/color']I have scanned application but nothing happens when I choose the paperclip, comes up with error on page. The application is the normal asking for name address, employment, other cards, expenses,bank acc details, additional card holders, payment protection plan. Then it asks to formally confirm that you are at least 18, have read and understood terms and conditions, Ok... this sounds like a bog standard Application Form. Although they refer to Terms & Conditions, where are they ? They are obliged to send you the Terms & Conditions as part of a CCA request... along with details of APR, amount of credit/sum borrowed, repayment details, etc. The doc. that they've sent you couldn't be enforced without this info. because there are no figures on it to enforce. the information is true etc, any false info will invalidate application, "invalidate application".... there you go ! may obtain further info from other reference agencies,acknowledge that BFC ins ltd and BFC Life ltd are connected. In box it states 'This is a Credit Agreement reg. dated? (can't quite make out as poor copy) by the Consumer credit Act 1974. Sign it if only if you want to be legally bound by its terms. HFC have asked for medical info as we were trying to neg. a settlement figure once we had relevent paperwork confirming debt. Since they have not complied, the account remains unenforceable. Have done letter to Moorcroft so thanks for that, will send RC tomorrow.

Sleep well

 

Ok.... suggested letter to HFC.... rec. delivery :

 

Dear xxxxxx

 

Ref xxxxxx

 

Thank you for your letter of xx/xx/2007.

 

To date however, your company remains in breach of my legal request for a Consumer Credit Agreement (Consumer Credit Act 1974); received by yourselves on xx/xx/2007. Unfortunately, the document that you sent me is an Application Form, which does not comply with this request. Neither is it enforceable in court.

 

Therefore, until such times as you are able to comply with this request, the account remains in dispute and no payments will be forthcoming.

 

Yours faithfully,

[fedupwithDCA's]

Boy will theses DCAs ever give up. We have been on holiday and then I've had pneumonia so have had a chance to do much for cousin, but here is update on latest paperwork rec'd. Cabot: letter received stating 'they are entitled to collect the debt and also to enforce original terms of the credit agreement. Although Cabot does not have an obligation under section 77and/or 78 of the Consumer Credit Act 1974 to supply with information. They will assist with customers in obtaining info and Cabot rely on original lender to provide info.' They have enclosed a copy of the credit card agreement, signed by cousin and point out that 'This is an agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms' 'Therefore this consitutes a valid credit agreement, which is regualted by the consumer Credit Act 1974 and under the terms of the agreement. Under section 78 of the consumer credit act 1974 it states "the creditor ... shall give the debtor a copy of the executed agreement (if any)" and stress the word "if any". They then go on to say as far as they are concerned they have supplied a copy of the agreement from MBNA and therefore satisfies all obligations of both parties.

The form they have sent is marked as YOU ARE APPROVED, I WOULD LIKE TO ACCEPT MY MBNA CREDIT CARD. In small print please provide the follwoing information so we can set up an account and give you the highest credit limit possible. Again it's like an application form, with no interest rates and no repayment details.

Any advice on where I go from here please?

[Curlyben]

Can you scan these "agreements" and post them as they sound like the usual bovine excrement they always use.

[fedupwithDCA's]

Will try but last time paperclip wouldn't work

[Curlyben]

If you could upload them to photobucket and then post the link from there, we'll get a bigger scan.

[fedupwithDCA's]

I've copied and clicked on paperclip so hopefully this will work, not done before so excuse my ignorance

[fedupwithDCA's]

Whats photobucket

[fedupwithDCA's]

Not sure if this is correct but have given it a go

[twofoot]

First of all well done with posting the paperwork. They are so good that I can read your name, DOB, employer etc on the bottom form. Apart from that I'd say these do not qualify as CCA's they are all application forms and lack the required T&C's and interest rates and payments etc. I'm no financial boffin but it doesn't take one to see that these are just application forms. Someone with more experience will guide you as to your best course of action. Meanwhile alter your scans so the personals are missing.

[Curlyben]

Good job on sussing Photobucket.

Well you're spot in these DON'T contain any of the prescribed terms and as such are unenforceable.