Hi All, story is as follows. Long disputed debt with Orange for a mobile phone which I think one of my flatmates set up for her in my name (She used to work for Orange at the time) Debt has been disputed for a long time and was passed to Close Credit, I sent them a CCA letter asking for the orignal credit agreement and I received a reponse advising that it was not governed by the CCA1974 act so no documents provided. I then issued a SAR to Orange and copied in Close Credit Managment but never received a reply and this was in October 2011. I never heard anything from them at all since then until I received a letter from the courts advising a CCJ has been put against me, I never received any letters about this from the solicitor or courts until the CCJ has been issued, if I did receive it then I would of filled a defence, CCJ was issued about 3 weeks now. As I still dispute this debt and no documents have been sent to me to prove that this debt was mine as I think it is fraud then what can I do now, how do I go about contesting this CCJ?

Can anyone help me regarding this agreement- is it enforceable??

sorry i should of said that this is the only thing that I have received is above, i have not had the terms and conditions, are they required to send me them as well when I CCA'd them. thanks

Hi All, I need some more help please with another creditor, I have CCA's them twive and both times received back this credit agreement with the T&c's, is this enforceable and what should i do next Any comments would be appreciated!

Can anybody help me on this query please!!!!

thanks for the reply. The account was already with triton and i cca'd them (they passed it to natwest for docs and answers etc) so in theory this deby hasnt been passed onto them. Does this make the letter above unnesecarry? I am anxious to just resolve this at the moment as need to clear up my old debts as this may stop me from applying for a new job (it is within financial services you see and the new employer would take a dim view on these!) What sort of settlement figure should i offer as full and final, is 50% normally acceptable to them?

Hi All, I have too received a letter from Triton today advising what Natwest have said, is there any next steps i should take?? I am thinking off offering them a full and final settlement figure as I really want to get this sorted asap. Are they likely to accept a 50% settlement figure or not?? Any help or anyone in the same position with Natwest/Triton who can give me some guidance would be appreciated.

Hi All, after sending Natwest the letter that "having a nightmare" provided above, I have got the follwoing response from them today. What should I do next with this as they seem to think they have provide the correct CCA???

Thanks for all your help "Having a Nightmare" on this. I will amend the letter to suit my case etc and send this tmr. Should I also point out the differences in what they have sent me ie. APR on agreement/T&C are different, On the signed doc it says Page 2 in the top right and hasnt got a page number on the first one and also the ADDRESS IS DIFFERENT ON BOTH PAGES OF THE AGREEMENT???

They have sent me on a seperate document the T&C which they say was at the time it was taken out but this isnt dated as well, I have scanned on all docs which they sent me to see if this makes any differences on whether they have comlied fully with my CCA request. Do you know what my next steps should be, what should I put in my ltr to them when i challange it??

The lasy page is also a computer prinout Natwest have stated to me on the telephone when I queried that this document looks like to the first page. On the agreement page in the top right hand corner it says page 2 but on the other document it doenst say page 1 either. Should there be a date on the original agreement at the start of the document (page 1). Just so that I can be clear have NW possibly just copied my details onto a new agreement and are trying to say this is the original one. Thanks for all you help!!

Do you think these are enforcable, I think they may be but would like a 2nd opinion, this came along with the full T&C's seperate also

I want to double check this is enforceable, what program am i best using to get the scans on here, does anyone have a link where i can download the programme??

Just got one of them stupid texts off them asking me to contact them urgently. When I called them out of intrest I said to the girl "So you have accepted £500 as a F&F settlement figure then!!" The poor girl didnt know what to say and apologised saying I received it in error as she could see Natwest have called them today re this. I think I am going to settle now to get it out of the way with now while I have the money and then try to reclaim my charges back as Natwest confirmed just now that they are treated seperatly ( I asked them to put this in writing of course!!!) Thanks for your help

The charges amount to around £100 so it is not much, approx 3 years!! so probably inc intrest will be £125.97 (using 8% compound intrest) as a claim figure. Amount Owed: £800 F&F Settlement: £670 This is worringly like my bill and they have then knocked off my charges and offered this as F&F. I just wanted to double check that I can take the F&F and then claim them for the charges so I will then get an extra £130 knocked off in essence so I would of only paid £540 if you get my drift!! Has anyone else done a F&F settlement and then claimed against charges when you have been given a reduced settlement( can/would the banks use this against you??)

I CCA'd Natwest and received their reply last week and it turns out that my CCA is enforceable as has all the prescribed terms/signatures etc everywhere where it should. Trition have sent me a settlement figure circa 15% reduction and as I have the money now I want to settle this ASAP with them. I am though writing to Natwest to ask for my credit card charges back at the same time so I am just wondering on two points really: a) If I take the Full & Final Settlement does this hinder/not allow me to reclaim the unlawful charges on the account if I have settled this. b) As they do have a valid CCA and i am not disputing this, is this normal reduction for the F&F settlement or should I be trying to push for more (15% reduction has taken ages for them to accept!!) Your views would be most appreciated

I thought that if you bought goods on a credit card then you have some sort of cover for this. If you are rejecting the car under the SoGA 1974 then I dont see the difference in a second hand car. Maybe you should read carefully through your T&C's and see if "buying second hand goods" is excluded from their protection policy! If it isnt then I would ask AA to confirm exactly within the T&C that it states you are not covered because you bought second hand!!

I went through the same problem a few months ago, i have put the letter that my solicitor sent to the car dealer below (you just need to fill in the blanks) Good Luck!! Dear Sir Re: xxxx(car) Our Client: XXX Date of Purchase- XXXXX We write to advise you that we act on behalf of XXX and we have been instructed to write to you in relation to the above vehicle. We understand from our client that on the XXXX, he purchased the above vehicle from you for £XXXX. A copy of your sale invoice is attached hereto for your ease of reference. Our client has informed us that since his purchase of the vehicle he has experience significant problems with the car’s XXXXXX. The vehicle has been inspected by XXXX and a long standing engine fault has been identified. Lancaster Audi have further advised our client that the vehicle is unsafe to drive and as such we have advised our client that the vehicle is defective. TAKE NOTICE that our client hereby formally rejects the vehicle under s.14 (2) and s.14 (3) of the Sale of Goods Act 1979. Due to the fault with the vehicle’s engine you have failed to discharge your implied duty under s. 14 (2) of the Sale of Goods Act that the vehicle be of satisfactory quality and further under s. 14 (3) that the vehicle be reasonably fit for purpose. You have until XXXXX(allow 7 working days) next to arrange for the engine faults to be corrected or to collect the vehicle from our client’s address and refund the purchase price to him. If our client does not hear from you or the vehicle is not collected by you and the purchase monies refunded within the specified time period then our client will arrange to have the vehicle delivered to your place of business and will commence legal proceedings to recover the purchase price together with interest and costs without further notice. Yours faithfully

Can anyone help me and disgruntled passenger on this please??

Thanks for this Louis, can I just ask though. HSBC were the original creditor and Robinson Way (London Scottish) are the DCA dealing with this. Are they even allowed to put a default on my file when I didnt have a CCA 1974 agreement with them and didnt take any loans etc, they are collecting the money on HSBC's behalf and I dont have any credit with them!! Your views on this would be helpful

I would not a penny to them for the tow, at the end of the day they sold you a car that was not fit for purpose and you have formally rejected the vehicle, stick your guns and demand they give you a refund and if they want to fix it then its up to them to come and collect it from you. I would inform the local T/S about this company and make sure the garage know you are going to report them to T/S for a breach of the SoGA 1974. Be very careful becuase your story is like deja-vu to me. If they are saying that the warranty will cover it then more than likely it doesnt as the warranty co isnpector will more than likely say the fault was present prior to when the vehicle was insured by them and therfore isnt covered by them.

I had the exact same problem a few months ago and instructed a solicitor to commence legal proceedings against the car garage. They eventually buckled once we set the wheels in motion and replaced the engine plus my costs. Here is a template letter that I sent the garage and this needs to be sent by recorded delivery to prove in court they received it. (this was done by my solicitor so should be ok!) To go to court you are expecting 3-6 months for a date in all honesty. If you claim is over 5k then i think this goes on the "fast track" court service (beware of the name as this takes longer and you are liable for costs if you lose!!) If it is under 5k then (ie car repair then you need independant reports etc stating exactly what is wrong and in their opinion whne this happened- doing this youre not liable for the other parties costs etc) Hopr this helps a little bit!! Dear Sir Re: Our Client: Date of Purchase- 28.12.07 We write to advise you that we act on behalf of xxxx and we have been instructed to write to you in relation to the above vehicle. We understand from our client that on the xx December 2007, he purchased the above vehicle from you for £xx. A copy of your sale invoice is attached hereto for your ease of reference. Our client has informed us that since his purchase of the vehicle he has experience significant problems with the car’s coolant system. The vehicle has been inspected by Lancaster Audi and a long standing engine fault has been identified. Lancaster Audi have further advised our client that the vehicle is unsafe to drive and as such we have advised our client that the vehicle is defective. TAKE NOTICE that our client hereby formally rejects the vehicle under s.14 (2) and s.14 (3) of the Sale of Goods Act 1979. Due to the fault with the vehicle’s engine you have failed to discharge your implied duty under s. 14 (2) of the Sale of Goods Act that the vehicle be of satisfactory quality and further under s. 14 (3) that the vehicle be reasonably fit for purpose. You have until (7 working days) next to arrange for the engine faults to be corrected or to collect the vehicle from our client’s address and refund the purchase price to him. If our client does not hear from you or the vehicle is not collected by you and the purchase monies refunded within the specified time period then our client will arrange to have the vehicle delivered to your place of business and will commence legal proceedings to recover the purchase price together with interest and costs without further notice. Yours faithfully

Hi there, I have 2 o/s debts with are with DCA's at the moment and I have CCA's them and i am awaiting their repsonses but I have a question about defaults. I have just checked my credit report via experian, here is the change of ownership below so you can follow the history: HSBC Overdraft/Loan/Credit Card- passed to Robinson Way & Co DCA (london scottish bank) Natwest Credit Card- passed to Triton DCA. - No default logged! Now on my credit report I have 3 defaults and they show the following information: Default 1 Company name:HSBC BRANCH BANKINGAccount type:BankDefault Balance:£5,883Current Balance:£4,380Defaulted On:15/01/2004File updated for period to: Default 2 & 3 LONDON SCOTTISH BANKAccount type:Credit Card / Store CardStarted:08/10/1996Default Balance:£5,976Current Balance:£1,583Defaulted On:16/01/2004File updated for period to:20/01/2008 LONDON SCOTTISH BANKAccount type:Credit Card / Store CardStarted:24/01/2003Default Balance:£596Current Balance:£347Defaulted On:17/05/2004File updated for period to:20/01/2008 26/06/2005 Now my main points are firstly: * Can RobinsonWay (london scottish bank) add defaults as they have added 2!!!!, I havnt signed a CCA 1974 agreement with them as they are just the DCA, the default was with HSBC??? * 2 of the defaults are for the same account if you look closely and the amount differ by about £100 and they are only 1 day out of each other, am I allowed to be defaulted twice for one account??? I am currently wiating their resoponse but would like some advice to see whtehr they are allowed to do this and what action i should be taking with them to hopefully get them removed?? lastly, i also have never received a default notice from HSBC or Robinson Way (london scottish!!) ANy help will be greatly appreciated!

Thanks Spamhead for your help. This account is with the original creditor Barclaycard and hasnt been passed to a DCA at all. Does this make a difference if I have a letter from Barclaycard stating they consider the matter closed and confirming the residual debt will not be sold on. Surely if barclaycard then sold the residual debt (cheeky buggers if they did!!), I can show them their letter cofirming it is settled and it wouldnt be sold on. Is this me being silly as they seem that they wont budge to a full and final settlement as they want to reflect the"partial settlement" on my credit file to show I never paid the full amount. They said in writing that this is always the case with them if you do not pay the full amount. Am i being lied to by them, are there cases where they have settled for less than what was owed and it is marked as full and final settlement??

Thanks for this. If Barclaycard confirm in writing that they consider the debt as closed then how can the DCA's bring this abck to life. If I have a letter from them advsing they wont sell the debt etc then this should be ok shouldnt it? Can I push them for a full and final settlement or do barclaycard always offer these partial settlements so it shows on your credit history you didnt repay the full balance, has anyone had any dealings of this type of settlement??