Hi Not sure if I am in the right Forum, sorry if it's not Presently I have Mortgage Arrears and the Judge ordered 6 months ago that I should pay an additional sum of £25 per month towards reduction of the arrears, all additional monthly monies & original monthly amount have been paid on time, had a review at court last week, where the Mortgage Company representative didn't show, & the Judge agreed to the original order being continued without increase to the original additional amount to be paid. This is all fine However, on checking my Mortgage statement the other day I find that the Mortgage company have and are appliying each month a Mortgage Arrears fee of £50. Are they allowed to do this? I spoke to a Clerk at the court & she didn't seem to think it was right & that I should send them a letter along with a copy of the original Court Order, although she admitted she wasn't totally clear on the legal argument as she was just a Clerk My understanding was that once a repayment has been ordered by a Judge, then the Claimant cannot impose further charges Whether they can or can't, in real life it just seems silly that a Judge orders £25 per month to reduce arrears, & the mortgage company then apply £50 per month charges, effectively increasing the arrears rather than reducing it. Anyone got any help, advice, or basis of letters that I could use?

Hi Not sure if I am in the right Forum, sorry if it's not Presently I have Mortgage Arrears and the Judge ordered 6 months ago that I should pay an additional sum of £25 per month towards reduction of the arrears, all additional monthly monies & original monthly amount have been paid on time, had a review at court last week, where the Mortgage Company representative didn't show, & the Judge agreed to the original order being continued without increase to the original additional amount to be paid. This is all fine However, on checking my Mortgage statement the other day I find that the Mortgage company have and are appliying each month a Mortgage Arrears fee of £50. Are they allowed to do this? I spoke to a Clerk at the court & she didn't seem to think it was right & that I should send them a letter along with a copy of the original Court Order, although she admitted she wasn't totally clear on the legal argument as she was just a Clerk My understanding was that once a repayment has been ordered by a Judge, then the Claimant cannot impose further charges Whether they can or can't, in real life it just seems silly that a Judge orders £25 per month to reduce arrears, & the mortgage company then apply £50 per month charges, effectively increasing the arrears rather than reducing it. Anyone got any help, advice, or basis of letters that I could use?

Hi Not sure if I am in the right Forum, sorry if it's not Presently I have Mortgage Arrears and the Judge ordered 6 months ago that I should pay an additional sum of £25 per month towards reduction of the arrears, all additional monthly monies & original monthly amount have been paid on time, had a review at court last week, where the Mortgage Company representative didn't show, & the Judge agreed to the original order being continued without increase to the original additional amount to be paid. This is all fine However, on checking my Mortgage statement the other day I find that the Mortgage company have and are appliying each month a Mortgage Arrears fee of £50. Are they allowed to do this? I spoke to a Clerk at the court & she didn't seem to think it was right & that I should send them a letter along with a copy of the original Court Order, although she admitted she wasn't totally clear on the legal argument as she was just a Clerk My understanding was that once a repayment has been ordered by a Judge, then the Claimant cannot impose further charges Whether they can or can't, in real life it just seems silly that a Judge orders £25 per month to reduce arrears, & the mortgage company then apply £50 per month charges, effectively increasing the arrears rather than reducing it. Anyone got any help, advice, or basis of letters that I could use?

Hi Not sure if I am in the right Forum, sorry if it's not Presently I have Mortgage Arrears and the Judge ordered 6 months ago that I should pay an additional sum of £25 per month towards reduction of the arrears, all additional monthly monies & original monthly amount have been paid on time, had a review at court last week, where the Mortgage Company representative didn't show, & the Judge agreed to the original order being continued without increase to the original additional amount to be paid. This is all fine However, on checking my Mortgage statement the other day I find that the Mortgage company have and are appliying each month a Mortgage Arrears fee of £50. Are they allowed to do this? I spoke to a Clerk at the court & she didn't seem to think it was right & that I should send them a letter along with a copy of the original Court Order, although she admitted she wasn't totally clear on the legal argument as she was just a Clerk My understanding was that once a repayment has been ordered by a Judge, then the Claimant cannot impose further charges Whether they can or can't, in real life it just seems silly that a Judge orders £25 per month to reduce arrears, & the mortgage company then apply £50 per month charges, effectively increasing the arrears rather than reducing it. Anyone got any help, advice, or basis of letters that I could use?

Hi My story is the same as everyone else, SORN'd car by post, letter from DVLA stating it hadn't been SORN'd, replied with return slip stating where SORN sent, letter back stating I had to prove posting & they still intend to fine. Has anyone got a letter template to reply to these idiots, something along the line of - was not informed had to send by recorded / registered post, was not informed they had not received it, the Court System accepts the use of regular post & deems 2 days later as delivered but they don't Anyone got a proper worded letter template for this?

Thanks for the responses so far, the debt has been regularly paid up until recently when I CCA'd them. I will scan & upload (if someone can tell me how) as soon as I get a chance, though I'm pretty sure it meets all the criteria Anyone with a legal bias have any in depth comments?

Surely there is a list somewhere of which companies hold credit licence & legally allowed to collect debts (or not as the case may be)?

Further to my initial post: I hate to admit that these guys have won as they have obviously taken their leisurely time & produced when it suited them! Also, if I am going to have to continue paying this off, can I SAR them to see if there are any unlawful charges in an effort to reduce total amount due, what charges can / cannot a DCA apply? I've a feeling the DCA may have applied quite a bit as the original total amount from 7 years ago doesn't seem to have gone down by much, going by what the DCA states is still due All help & advice appreciated

Hi I could really do with some advice & help here. I have CCA'd a DCA for a debt previously being paid on an agreed repayment. The DCA sent out the usual letter 'it will take time, we will contact the original creditor etc.' 12 days came & went, account went into dispute 30 days have passed, DCA now criminal offence, gave a little extra time as couldnt get to post offfice Recorded delivery letter sent informing 'no acknowledgement' etc, BUT, have just received a copy of the original Agreement (think their letter & mine must have crossed in the post) My points and questions: Debt went into dispute at 12 days DCA committed criminal offence at 12+30 days (believe debt also became un-enforceable) Received copy of original agreement (which included CCA 1974 across top, T&Cs, my personal details, amount of loan, amount of interest, total amount payable, period, APR, & sigs in boxes with dates) What do I do now? Do I hold out & claim unenforceability & are they are likely to get re-enforced. If this happens is a re-enforcement classed as a CCJ? Do I carry on & demand copy of Deed of Assignment etc I can't really afford large monthly repayments at present, but really want to get this debt settled, one way or another, either written off / un-enforceable (preferably) or agreed low repayment The DCA are awaiting my repayment proposals by return!

You probably won't have much luck with the Police, but try OFCOM, they have quite clear guidelines on what they deem to be telephone harassment. Can't remember they're web address offhand but you should be able to find it on Google

Hi Guys I have been following this thread for some time now and am in the same position as most people. Am currently dealing with about 6 DCAs, Moorcroft have just admitted they don't have a CCA and are 'closing and returning the account to creditor', but they're not getting off that lightly, am going after default removals & refund of payments. Any advice on the latter would be appreciated. However, there has been one DCA that has really p****d me off by totally ignoring all regulations when account is 'in dispute', in fact the only wrongdoing they didn't do was phone harassment. So, I have compiled a letter, cobbled together from others & added bits of my own. Think it just about covers everything, will paste it below, let me know what CAGers think, & feel free to use any / all bits as required. "" FAILURE TO COMPLY WITH THIS LETTER MAY RESULT IN YOUR ABILITY TO HOLD A CREDIT LICENCE BEING AFFECTED Dear Sir / Madam Re: XXXXXXXXXXXXX I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY I wrote to you by Recorded Delivery on (DATE), with a confirmed receipt by Royal Mail on (DATE), asking for a copy of a relevant Credit Agreement and associated information under Sections 77 to 79 of the Consumer Credit Act 1974, enclosing the statutory fee payable for such information of £1.00. 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 calendar month, your company then commits a Criminal Offence. These time limits have now expired and I have still neither received a copy of the agreement as required by Section 78 of the Consumer Credit Act 1974, nor any other information, nor any refund of the payment made. As you will be aware, the recent payment of £1.00 was made to cover the administrative costs of providing a copy of the alleged Credit Agreement for this account under the Consumer Credit Act 1974. It would appear that you have waived this fee and ignored my statement of non-acknowledgement of this alleged debt by applying the £1.00 to the above account, as I have noted that in your letter dated (DATE), you have stated that the balance due was £XXX.XX, however in your letters sent after my Consumer Credit Agreement request, most recently dated (DATE) (sent by yourselves) and (DATE) (sent by your solicitors acting on your behalf) you state a balance of £XXX.XX minus £1. Please be aware that if you wish to waive the £1.00 fee, then you must return it, and it MUST NOT be applied as any payment to this account, in order to force any acceptance of alleged debt. As you will be aware, this action may be construed by the appropriate authorities as a MISAPPROPRIATION OF FUNDS, and may be regarded as THEFT. As you are also no doubt aware, that if the creditor under an agreement, or persons or agencies acting on their behalf, fails to comply with the above request for a copy of a relevant Consumer Credit Agreement, then; 1) They are not entitled, while the default continues, to enforce that agreement; and 2) If the default continues for one further calendar month, then the creditor, or persons or agencies acting on their behalf commits a CRIMINAL OFFENCE. Therefore, you have also committed THREE further OFFENCES, as you have, either yourselves, or by instructing your solicitors (XXXXX & Co.), demanded payments or threatened legal action. As such, this account has become unenforceable at law. Consequently, I do not acknowledge any debt to your company, and no payments will be made in respect for the above named alleged debt. The various offences you have committed, which have been listed above, may have an impact on your ability to hold a Credit Licence, it is important that you give this letter your immediate and prompt attention. What I Require: A FULL REFUND of all payments made to date, including interest at the statutory rate of 8% per annum A FULL STATEMENT OF ACCOUNT, including any and all charges and interest applied Pursuant to the Data Protection Act 1998, I require you with immediate effect to ensure that all data held by you or your client regarding the alleged agreement or any reference to it, is removed from any and all Credit Reference Agency databases. · Ensure that all data held by you or your client regarding me is destroyed. · Ensure that all communication is made in writing. Failure to comply: Failure to comply with my request under the Data Protection Act 1998 may result in the matter being referred to; ~ The Information Commissioner. Failure to comply with the requirements of the Consumer Credit Act may cause me to refer the matter to, but not limited to, the following agencies; ~ Office of Fair Trading ~ Trading Standards ~ Financial Services Authority ~ Financial Section of HM Treasury Any telephone contact may generate a complaint of harassment to; ~ the Police ~ OFCOM. In any case, I await your prompt response within 12 days of receipt of this letter. Yours sincerely ""

Thanks for the quick replies & advice guys, & especially the thread link (v. interesting read) However, in response to stadiums post; I know that I could SAR the original creditor, but want I want to achieve is if the DCA has admitted no CCA then surely they have had no legal right to collect any monies & therefore I want them to repay all payments made, & to do this I need to find out what has been paid to them over the years. thanks to strangewayofsavin too for the confirmation of my thoughts re CRA entries by DCAs who don't hold a CCA Can anyone clarify some of the points I have made?

Further to my last post, does anyone also know the whereabouts of letter templates for the above. I know I've seen them somewhere but have trawled so many posts, I can't find them now Cheers

Hi I have recently CCA'd Moorcroft for a Credit Card Debt that was on a payment plan until recently when I stopped payments after their 12 days had expired after CCA request. Now, 1 day prior to the 30 days I have received another response stating; "We write further to mour recent letter. We can now confirm that on this occasion we are unable to provide a copy of the signed credit agreement requested. We therefore return the postal order submitted in that connection. We are now closing this account and returning it to our client" My question is; now that they have admitted not having a CCA, can I now request that any defaults on my credit file be removed AND also ask for all payments to be returned (& if so do I have to SAR them for a total of payments, or can I just ask for a statement of account)??

Thanks for the advice Calculator, you have cleared up one of my grey areas with regards to the process. Will keep all posted on progress & procedures taken here in Portsmouth