Sorry to bump again but would really appreciate some advice here

Bump ..... anyone please?

I complained to Wescot about the date of the default notice being 3 months after the date the default was recorded and have received this reply. Can someone please advise me ?? I note that you are now querying the date of the default as recorded at the credit reference agencies. Obviously if the date is incorrect, Wescot will amend the entries to ensure that the correct default date is recorded. You clearly accept that the account defaulted and have provided the actual date of the Notice of Default and we will therefore make the necessary amendments. I have not accepted that the account defaulted, I received a shiney new Default Notice when I requested my CCA, the date is the date that they had on the notice and I had the default recorded on my CRF 3 moths before the supposed date of issue.. This is all the ICO would expect us to do as if there is a valid default, under the Fourth Data Protection Principle, any record needs to accurately reflect this and removing the entries would not be in accordance with this Principle. As I am sure you are aware, any entry remains on your credit file for 6 years following the date of default. You mention that you intend to bring a claim for compensation, but do not state what loss you have suffered. An incorrect date on a default would not cause loss as the default would still have been recorded on your credit file, albeit with a different date. In the circumstances, I confirm that if any credit reference entries are incorrect we will make sure these are corrected but as set out previously, I cannot remove them. Can they just 'amend' the entry to comply with the date of the Default Notice??

When you signed your agreement with Provident you agreed that Provident would collect your payments. The agreement goes both ways, Provident agreed to collect your payments and they must do so. It really doesn't matter how nice the agent is, he is not doing his job properly and by doing so he is putting your account into arrears. Provident have recently started reporting to the Credit Reference Agencies and this will be recorded on your file. Also, Provident use a some of the nastiest DCA's and they wouldn't think twice about handing your account over to them. Once there are 19 missed payments on your account they will send it to Debt Collector. Call the agent's Head Office, speak to the manager and explain what is happening, they almost certainly don't know and you must cover yourself. Take care !

I received CCA's from RBS and M & S which were unenforceable. I sent the standard letter and of course we got into a ''no its not' 'and 'yes it is' situation. They both insisted that they were enforceable and that they would pursue the debt. Now I am worried as I haven't heard from them for some time now, they are too quiet for my liking. Maybe I'm getting a little paranoid, but I am wondering what they are up to, I would like to be at least half ready for it when it comes. So does anyone have experience of what is likely to happen next please?

Thanks Payback! do I write to Wescot first or just report it immediately? Sorry but when the red mist has come down it's hard to think it through!

I have been trying to get Wescot to remove a default on my CRF as they supplied only a copy of an application form which is not enforceable. I also requested a copy of the default notice as I know for sure that I never received it as I was living overseas at the time. They have sent me a nice fresh typed copy dated August 2004. I checked the default date on my CRF and they defaulted me 3 months before that!!! Can someone point me in the right direction here please? I'm so blazing mad I can't think straight

I sent of my CCA request to Aktiv Kap almost a year ago because this was the company my Debt Management Company had been making payments to. They wrote back with my PO for £1.00. to say they had no record of my account. When I checked my Credit Reference Files I found a default for this account recorded by Thames Credit. I sent of a CCA request to them and they wrote back asking me to call them (I didn't) as they could find no record of my file. I wrote back asking them to remove the default and they didn't. I stopped paying in June of last year. Now I have checked my Credit Reference file again and the default is now being maintained by Aktiv Kapital! So neither of them have supplied a CCA, neither of them could find my file and yet both of them have been maintaining this default. I have written to Experian and am still waiting the courtesy of a reply. I know they are part of the same ratpack but I'm baffled now, what do I do to get this default removed? and who am I dealing with here?

I have a Barclaycard which had a credit limit of £800, I have always made my payments and paid more than the minimum payment required. 6 months ago they wrote to tell me they were reducing my credit limit to £600 as a result of a search of my Credit Reference Files. Why they did this I don't know. I complained but it made no difference. I have continued to make more than the minimum payment since then and yesterday I received another letter saying they have searched my Credit reference Files again and have reduced my Credit Limit to 500. I am fed up with them. I know they can review credit limits at any time, but I want to know why they are searching my Credit Reference Files every 6 months. I have two defaults which I am hotly disputing at the moment, One is Wescot and the other one Aktiv Kap, they have no CCA's and it is almost a year since I asked for them. What are Barclaycard playing at?

Thank you so much ohoh, this is exactly what I needed, I knew there would be someone who had been through this too!

Thank you affirmation, that's reassuring. I really hope there is someone who can point me in the right direction as I really need to find out how to approach this before they default me.

I am hoping someone more expert than me can give me some advice. I reclaimed my charges from Abbey under the hardship rules and won approximately 60% which was refunded to my account. My account has an overdraft facility of £700 and the current overdraft is approximately £300. Before I started my claim I opened a parachute account with NatWest and I am very happy with them. Now I have this £300 remaining overdraft with Abbey and I am still waiting for £500 which is on hold until after the test case is settled. Abbey have now placed an entry on my credit reference files saying I am three payments late and I am worried that they are going to default me for this. What should I do? Is there a template letter which I can use to stop them defaulting me and do I need to make payments to this overdraft which they caused until the test case is settled?? I have trawled through the site looking for a similar story but haven't found one yet, I am sure there must be others in the same situation? Thanks in advance for any help.

Thanks a million Fed Up! Wow, quick service too! The CCA they sent is exactly as I have posted it. Financial & related conditions were sent to me as a separate sheet.

Here is the agreement they sent.

Hi Fed Up, thanks for the quick response. I previously posted it as follows; Mbna Cca - Is It Enforceable? And yes please if you can give me a clue which letter to send I will be forever grateful!

To be honest I am lost for words to describe this lot, and they have me at the end of my tether. Wescot sent me an application form in response to my request 7 months ago for my CCA. It was definately an Application form and, in fact, had also been visibly altered. I replied with the UNLAWFUL AND VEXATIOUS letter and this is the reply I have received in response. you have previously made a request under sections 77-79 of the Consumer Credit Act ("the CCA") and the relevant section for this account is section 78 as this is a Credit Card Agreement and therefore "a running account credit agreement" Under section 78, the creditor has to supply a copy of the executed agreement and this is what has been provided to you. The document clearly states that this is a Credit Agreement regulated by the Consumer Credit Act 1974. The signature box contains a statement that it is a Credit Agreement and should only be signed it " you want to be legally bound by it's terms" The document supplied to you, therefore, fully complies with section 78 of the CCA. With regard to your comment that we did not supply the copy within 12 days, section 78 only prevents an agreement being enforced during the time period that a copy is not provided, it does not prevent enforcement after the 12 day period if the copy agreement is then provided. An outstanding request under section 78 of the CCA does not render an agreement illegal or void. The debt is stil valid and default information can still be filed at the credit reference agencies. In fact, we do not have a choice regarding this, as under the agreements we have with credit reference agencies, we must report this information. In any event, we have now provided you with a copy of the agreement. I must therefore reject your request that we stop processing your data in this way. In the circumstances I do not accept that there is a valid dispute on this account and you should contact us to make arrangements to pay the outstanding balance. If you fail to do this within the next 14 days, I will refer this to our legal department for further action. I am fed up to the back teeth with this bunch and I am thinking that now is the time to report this to the FOS, Trading Standards and The Information Commissioners Office. Any advice anyone please???????

Good grief! I'm scared witless ! Seriously though it's very scary, at what point would they send someone? Also, sorry guys but I always have trouble with after thought, Surely Lloyds should not have handed this to a debt collector when they are in default of my CCA request? Should I write to them too........?

Thankyou Rory,that's a gret help. I will get it off to them on Monday! Scabhunter, thanks also for the warning about the doorstep visit, I will add that too. That scares me that they are one of the few who will send a debt collector, what do I do if one does turn up??

I requested my CCA from Lloyds in early June this year. I have not received a single letter CCA,or any response at all. I stopped paying them in September. Today I have had a letter from Credit Security Limited who say they have been instructed by Lloyds to recover the debt. They said; 'We DEMAND payment to be sent to this office IMMEDIATELY of the total balance using payments slip below. If you do not compy with this instruction we will send a DEBT COLLECTOR to your home and this may result in a COUNT COURT JUDGEMENT against you' Blah blah blah, this is a very threatening letter with bold and capital type being used exactly as shown. As I said no repy whatsoever from Lloyds in response to my CCA request. Now they have turfed it out to this lot, I haven't heard of them before. What do the experts advise please?

Looks like I just have to deal with this myself.............

I am still needing some help here regarding the agreement and the alteration, ie the crossed out signature............please?

Thank you baileyboy, that's what I thought. The other point I am trying to raise is that my signature and the date have been crossed out. When an agreement has been altered does that make it invalid?

I really would appreciate some advice on this guys...anyone there?

Bump

anyone please?