This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

Great thread, I would appreciate a few words of advice on a debt i helping my freind with (with the help of CAG). Recently two debts originally Abbey have been once again passed on to a new DCA (actually the same i think just different name). She has been receiving letters from Equidebt Ltd so she replied with the standard letter on 24 Aug. Re: Account No/Reference No: **********&********* I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter. 1. You must supply me with a true copy of the alleged agreements you refer to. This is my right under your obligation to supply a copy of the agreement for each debt under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of each account. I enclose a £1 postal order in payment of the statutory fee, Postal Order Serial Number : 1003898674 2. A signed true copy of the deed of assignment of the above referenced agreements that you allege exists. 3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. She then received a letter from HEATON LLP Equidebt solicitors We write to you following recent payment, which has now been credited to you account. It does not appear that a repayment plan has been blah blah blah...... So they took the payment as a debt payment and completely ignored the CCA request. So should i write and correct them pointing out that they have taken the payment in error (or on purpose) or just ignore it and assume that the debt is now unenforcable. Also who do i report the offence to? Thanks for any comments, Mike

Vehicle Excise and Registration Act 1994 [7A Supplement payable on [vehicle ceasing to be appropriately covered]] [(1) Regulations may make provision for a supplement of a prescribed amount to be payable [where— (a) a vehicle has ceased to be appropriately covered, (b) the vehicle is not, before the end of the relevant prescribed period, appropriately covered as mentioned in paragraph (a) or (b) of subsection (1A) below with effect from the time immediately after it so ceased or appropriately covered as mentioned in paragraph (d) of that subsection, and © the circumstances are not such as may be prescribed]. [(1A) For the purposes of this section and section 7B a vehicle is appropriately covered if (and only if)— (a) a vehicle licence or trade licence is in force for or in respect of the vehicle, (b) the vehicle is an exempt vehicle in respect of which regulations under this Act require a nil licence to be in force and a nil licence is in force in respect of it, © the vehicle is an exempt vehicle that is not one in respect of which regulations under this Act require a nil licence to be in force, or (d) the vehicle is neither kept nor used on a public road and the declarations and particulars required to be delivered by regulations under section 22(1D) have been delivered in relation to it in accordance with the regulations within the immediately preceding period of 12 months. Sub-ss (1A)–(1D): inserted by the Finance (No 2) Act 2005, s 66(1), (2), (4). Date in force: this amendment came into force on 20 July 2005 (date of Royal Assent of the Finance (No 2) Act 2005) in the absence of any specific commencement provision. Sorry info from Butterworths through Athens account so i can't give a link. As continious registration has only been running since 2005 and your bike has been off road for 5 years, i would think that they could only ask for back to July 2005. Quite an interesting situation, i am helping a friend in a similar situation and so have just been on the phone to DVLA who tell me SORN came in 1998 anything unlicensed before this and to date does not require a SORN. I mentioned the specific case of the 5yr off road motorbike. As it was off road before the 2005 continious reg was brought in then when he retaxes it the DVLA will write asking whether it has been keep on a public road. If the answeris yes then back tax will be requested, if no then no further action. But once it is taxed it is now in the continious reg system and will be scanned every month. I reckon the best thing to do would be to ring the DVLA (as suggested earlier in thread) and explain the situation that way they should tell you what they have just told me (and maybe even get it in writing ?) and you can get the bike sorted out.

Help please with interpretation of this part of the CCA act..... CCA 1974 (1) The creditor under a regulated agreement for fixed-sum(/running some) credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,— (a) the total sum paid under the agreement by the debtor;(b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and© the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due. ................. (4) If the creditor under an agreement fails to comply with subsection (1)— (a) he is not entitled, while the default continues, to enforce the agreement; and(b) if the default continues for one month he commits an offence. Sorry would post link but it needs an Athen password. The bit that bothers me is the (if any) in red. Does this imply that if there is no executed agreement then subsection 1 has been complied with? Also i cannot find any reference to requesting the original agreement, i assume this is catered for in 'shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it,' as it would refer to the original agreement. Any thoughts are very much appreciated. Mike PS I am helping someone with a CCA request, sent letter requesting under s77 with 1 pound, recorded del. Received a reply today thanking for the payment of 1 pound to account and demanding further payments. They completely ignored the letter and credited the pound to the account. Should i write once again pointing out thier 'mistake' or simply wait until the month is up and inform them that they have not complied with the CCA request. I don't want to give them another oppurtunity but i am not sure if they could use the fact that they 'misunderstood' the request and it was not clarified as a defence in court.

I have been speaking with a HSBC data controller. From our conversation it would seem that not only must the data be recorded properly but if the data is processed in any way, including destroyed, then a record must be made of this action in order to comply with the DPA. I havent double checked this in the DP Act but i recall this to be in the Act somewhere. I will check out the DP Act later today, if this is correct then the banks must tell you when the records were destoyed to comply with the DPA. Any thoughts?

Maybe your brother could transfer ownership to someone else and then transfer it back if he really will be hit with a big fine.

I took advantage of 2 different promo's, the paypal free 15 quid and the 25 quid worldcup. To be honest, i didnt study the t&c's fully. I dont leave any money in there, as i only bet for fun world cup etc and would lose far too much money on big bets. Did i abuse the promo's also? Should i ditch one or both of the accounts? Thanks for your thoughts, Mike

Yes, suprisingly HSBC waived the 10 pound fee for SAR request in mine & my brothers case.

I will keep on their backs and i will let you know if they do actually turn up the info pre 6 yrs. I could give you the number & name of the lady supervisor that i spoke to at the head office if it is any use to you.

Thanks for the info your help is very much appreciated. Your comments go someway to explain the common line from HSBC & others 'We are not required by law to keep 6 yr + records'. But when pressed to contact the retrival dept. for pre 6 yrs archived records the good lady at HSBC admitted that transactional details but not full statements pre 6 years are available and will be sent out. I will just have to wait to see they turn up in my SAR.

So pre 6 yrs records are easily accessible to all banks and employees? So the 'We dont keep anything after 6 yrs' is rubbish? Thanks, Mike

Natweststaffmember, Thanks for the info, i wonder about pre 2000 statement/transactional details, does your banks retrival dept. hold archives on microfiche for + 6 yrs records? It would appear that this is true for HSBC & Abbey and i assume this would be the same for all banks. Could you comment? Thanks,