Thanks Fred!

Thanks Tau!

Well, today I received statements from CL Finance via courts. Only thing is they run from 2002-2004 then nothing until one statement in 2006 when the debt was sold, so over two years statements are missing. I know I didn't pay anything in these two years but surely there should still be statements! Have CL failed to comply by not providing all statements?

I CCA'D Lowells a few weeks ago when they bought my sons Barclaycard debt. They sent a copy of a credit card application. We were quite pleased with this as it clearly states he would be paying PPI (no option to accept or decline). At the time he was a 19 yr old uni student with no income!!! Have sent SAR to Lowells!

Yes, I think I do understand, but maybe I have got it wrong. I was sent a bad copy of a credit card application which I had signed. No credit amount was mentioned or APR; but it does say in a little box that this is a credit agreement and I have a cooling off period. From reading other threads most people seem to get the same thing. The judge I had just wasn't interested in what I had to say about the legality of the CCA.

Thanks for your reply but I tried the bit about the CCA in court the first time. The judge pointed out that statements would prove the debt was mine. I think I may get in over my debth if I try to argue this point when the statements are there in black and white. I have asked the court to send copies of the statements so I can see charges etc; Do you think I should try to get the amount reduced by these? I am getting really confused as I have also taken on Barclays & Lloyds for my Son (Barclays/Lowells being really difficult, Lloyds ignoring every letter) and I'm dealing with Nationwide for bank charges. Also being stung every month by GE Money on mortgage/ arrears charges. Everyone is so helpful here, but I think I may have taken on too much at once!!

Damn & blast!!! the courts don't play fair. Had a letter from the court dated 21st May saying unless CL Finance provided statements by 28th May the claim would be struck out. Rang court today (30th May) fully expecting a positive result, but apparently they received a bundle of statements in this mornings post and the case would be relisted for directions. Not fair, dont't time limits mean anything??

I am tempted to go the non compliance route but I really needed to see a copy of the credit card agreement my son signed so that I could see if the PPI was on it. I must admit I feel very nervous about challenging a CCJ. I have read on this site somewhere that this proccess is complicated. Apparently, if a CCJ is contested a few years later, it is cancelled and a new case begins. If the bank charges and PPI don't wipe out the debt a new CCJ is issued, resulting in another 6 years of hell! I would hate to be responsible for ruining my sons credit for this amount of time! I will keep posting with any news, and thank you both for replying.

Hi all, I am trying to help my son who really messed up his finances while at uni. He was given a Lloyds credit card when he was a student and used it to fund his monthly expenses. Looking back over the odd statement I have found, each time he found himself over his limit, the bank HELPFULLY increased it! He has also been charged PPI (how could this possibly be right for a student with no income)?? Anyway, eventually he was given a CCJ and didn't contest it, this was in Nov 2004. At this time we were going through a messy bankruptcy ourselves and had no fight left in us to deal with our sons problems. He is now unable to get a mortgage and cannot clear the debt. After reading info on this site, I believe his debt is made up of wrongfully sold PPI and bank charges. He has sent CCA and SAR to Lloyds ( 26th March 2007) but has had no response whatsoever although the postal orders have been cashed. Are we wrong in trying to get this information because they obtained a CCJ?? If anyone can offer any advice it would really help! Sorry if this has been posted in the wrong place.

I cannot see how Lowells could have bought this debt as on the statements provided by Barclaycard the debt still belonged to them up to 30 March 07. I sent CCA request to barclaycard on 26th March and they have not sent it, also sent CCA to Lowells on 23rd April but they replied that it would take them longer than 12 days to obtain this from Barclaycard, also, have not had a letter that debt has been assigned to Lowells. I'm not quite sure where to go from here. My original intention was to prove that the debt was mainly unfair charges and mis-selling of PPI (student), this way I might have been able to get the defaults removed from my sons credit file. He is desperately trying to get a mortgage to buy a flat. If this debt has been written off I might open a can of worms by persuing the charges. My head hurts!!

I hope someone can help me with this please. I took up the fight with barclaycard on behalf of my son who was a uni student when he was given the card. He had a £500 limit but did not keep up payments and defaulted in 2005. He received nasty letters from Lowell financial in april 2007 for barclaycard debt of 949.00 (449.00 must be charges). I sent CCA and SAR requests on 23rd April. Have had statements back from 2004, rest to follow in six weeks, but no Credit agreement ( I needed this to prove he was paying PPI from the age of 18 and a student, therefore not employed). The problem I have is on the last statement. It reads like this: 30 Mar CHRGOFF PURCH FEES 387.35 30 Mar CHRGOFF CADV UNPD FIN CH. 1.62 30 Mar CHRGOFF PRCH UNPD FIN CH 117.93 30 Mar CHRGOFF CADV PRIN BAL M 17.89 30 Mar CHRGOFF PRCH PRIN BALM 479.44 TOTAL OF NEW TRANSACTIONS 1004.23 CR Present bal £0.00 Credit Limit £0.00 Min Payment Due £0.00 Looks to me like he owes nothing, but I have to be reading it wrong. Can anyone explain this please?? Thanks in advance. Blue

So glad you won Storm, but it seems you would have had the same problem as me, had they actually turned up in court that is! I think some of the cases on this site (including mine) are hanging by a thread, some winning (you for example) by default/chance. Is that the end of this one for you or can they come back at some point, what about your credit file, any nasties from CL Finance? Well done! Blue

Thank you tooth fairy, gymfreak, boobaby & storm. Really appreciate all of your advice plus it can be a lonely feeling when 'everyone' here is with you but not actually 'with' you in court! (shame we can't all go together) I have been following all the rules (wouldn't have known them if it wasn't for this site, all stand up and shout thank god) but when you get in front of the judge and start talking about CCA's etc; he looks at you as if you are from another planet!! It doesn't seem to matter that the other party couldn't be bothered to turn up or provide affidavit. If CL Finance fail to provide statements I will insist this case is struck out and i'll go for costs. Good luck against these idiots storm, keep posting!

No, I didn't receive any paperwork from them at all, I don't think the court did either.

Thanks Tooth Fairy, you are right, the judge seemed uninterested in the credit agreement, as if it didn't really matter as far as the debt was concerned. CL Finance did me a favour by not turning up, I just hope they cannot produce the statements!

Hi all, I've had little sleep all weekend as I was due in court this morning at 10.00 with CL finance. The backround is: in 2006 they bought a debt from RBS for £8,500 and have been chasing me hard with all the usual threats. I did not have any paperwork for the RBS debt as we tried to include it in my husbands bankruptcy in feb 2005 (it was a joint credit card) and the official receiver has all the relevant paperwork. The whole debt was obviously transferred to me. I received a notice of assignment from RBS & CL Finance. I asked CL Finance for a copy of the credit agreement and statements of account. They sent me a 'copy' of a RBS credit card application (a very bad copy) but no statements. They asked me to withdraw my defence from court but I refused. Anyway, went to court this morning for an allocation hearing ( I was shaking in my shoes as I knew I was on dodgy ground)!!! Guess what? CL Finance didn't show up! The judge was not very happy. He asked me if I had received any paperwork from CL Finance and I showed him the Credit card application copy they had sent me. He seemed to think it was acceptable and asked me how I was going to clear the debt!! I explained that this was just a copy of a credit card application, not an agreement, with no APR; NO SIGNATURE, other than myself and my husband, no agreed limit etc. etc. He then said he would ask CL Finance to send me all statements on the account. If they failed to provide them within two weeks the case would be struck out. He said they can apply for a time extension to supply the statements. I couldn't wait to get out of court but I should have asked what 'STRUCK OUT' means. Can these people take me to court again if this case is struck out, does anyone know what happens if they cannot produce the statements?? Thanks everyone for reading, I hope someone has some advice!

A letter to my son arrived at my address from the council (dated 30/03/07) stating that he was issued a parking ticket on 15/02/2006 which remains unpaid and if it is not paid in full immediately a warrant will be issued to the bailiffs to recover the debt. I rang the council and told them my son hasn't lived here for over a year. They said they would still send in the bailiffs, unless we could provide proof that he no longer lived here. Can they really chase a ticket this old and send in the bailliff? I don't really want to give them his new address until I sort out where he stands legally. Can anyone help please??

Thanks soooo much Barty, I will use this address and see what happens!! Will keep you posted.

Hi everyone, I hope someone is here today as I need an answer really quickly. My Son has had a Graduate account with lloyds tsb for some time and had thousands of pounds in charges from when he was at uni. I am going to try to re-claim them for him but need to ask for his statements. There is no branch contact information as it is a Direct account. The address on his statements is: Customer Service Centre, Dept. 25-80, Black Horse House, Phoenix Way, Llamsamlet, Swansea. SA7 9EQ. Could someone please tell me if this is where I send theSAR. Many thanks.

What is an s10 please?

Thanks Martin, really glad of your advice, I would have got it all wrong on my own!

Hello everyone, I am being taken to court by a company that have bought a credit card debt from RBS. My husband was made bankrupt in 2005 and I am sure this was his debt, it was listed in the bankruptcy. I need to see a copy of the credit agreement just to make sure it wasn't in joint names. Is there a standard letter I should write to request a copy of the CCA and do I need to send any money, if so, how do I pay as we have no cheque book? If I sent a postal order for ??? should I make it payable to RBS? Many thanks!

He could try applying for a Halifax easycash account. It is a basic bank account - no cheque book. You get a cash card and can have wages etc. paid in with direct debit and standing order facilities. The Co-op also do a basic account for people with credit problems. Good luck!

Good luck with Citi. I think our problems stem from the fact that Lloyds TSB, HSBC, Citi, etc. all went down with the bankruptcy. Can't really blame them for not touching us again I suppose!

Sorry seahorse, I forgot to mention I have a Nationwide Flex account. I have had this for about 15 years but only ever used it for the odd bit of savings. When hubby went bust we used this account for all our personal banking. The problem is this is the account I want to claim charges back from (about 3,000) but it seems,by reading other threads, that they will close account.