Hi Can anyone help? I have recieved my credit report and it shows that Santnader (alliance & Leicester) have defaulted me on an amount of £300 which was a overdraft but in all the bank charges scenario they did not refund the full fees back. I am therfore being asked to pay this amount off. In 2009 I think they refunded some of them due to hardship but did not refund the full amount. I am on a debt management plan and pay them approx £3.00 off each month. However, the balance is now at £400 so it appears that they are charging me interest on this which will appear that I will never pay this off. I have written to them on numerous occassions they wont refund the remaining amount, they wont remove the default even though this amount included bank charges which according to the informaion commissioners report is unlawful. I just want them to write it off. Do I need to go the ombundsman then at least that will cost Santander the £200 which will give me satisfaction. I will never be in a postition to be able to pay this off so I am unsure why they are charghing me interest. I also asked payplan to propose to them that I pay full settlement of 25% which they refused. Please can some one help I just want it to go away and move on with my life. Will the ombudsman be bale to overide them

so I dont really have much option as I dont want to be going down the route of it bneing refrred to a DCa and then a defalut put on file becuase I am not paying. Then have to fight the default to get removed. It has taken 7 months to get a default removed with Alliance & Leicester. Maybe what I will do is get all info on my file, work out how much I have paid, how many charges need to be refunded and then how much I have spent and then offer full and final settlement on the basis that they do not have a CCA and therefore work out the difference of waht I owe them and then debt gone hopefully. I thought that it would be a process that would be failry easty to do but I cant go through having defaults and then being removed. Can I argue to them that as they cannot find my signed authority to dsiclose information to the credit reference agencies that they are to take this off of my file and I continue to pay them? I am at a real loss.

I was glad to a discussion going on. I sent a letter to the data Controller and the complaints department to say that i do not have a signed agreement. But they have sent me exactly the same paperwork. I am very scared about stopping payment to them as it will be so difficult to remiove a default if they apply it. I am not in a position to pay the £10 but I have no option. I have also advised payplan that the money is to be placed on hold until they have produced this agreement. If they can't produce it then they are not able to divulge this information on my cerdit file buit I know they will. They seem to win all the time. Dotn know what to do as this is not enforcable.

Hi Guys thanks for responding. Andy, I can't afford the SARN If they cannot produce the paperwork does that mean then it is not enforcable and I can stop paying Payplan? I dont understnad when you say it gets tricky. I am going to send the letter which goes into detail about how it is an offence to register my details with a credit reference agecny if they do not have my signed consent???? I am getting a pension lump sum payment of £3K and was going to offer all my creditors £1K each for full and fianl settlement???? Good idea or not really. Ian, They did stop my interest with Payplan and they were quite helpful but now they dont have a copy of my credit agreement they should not be publishing my ifnroamtion with credit reference agencies.

Well I have just received a response from Alliance & Leicester and they are now saying as I have not signed the new agreement that they are staying to the old terms and not changing my terms. How dare they only give me a few weeks to sign a new contract when they took 6 monhts to deal with my request. I have also CCa'd them and they have not reurned my original agreement. I did not want to sign a new agreement without seeing my existing one! I think I am going to have to request the copy of the agreement and put this in as a complaint. Any advice?

Hi Hope you can help. Thanks to all the CAG to give me the strength to challenge these organisations. I got into Financial trouble last July and went down the route of payplan. Please note that I did look into assistance by other debt management organisations and advise people not to use these companies as they charge a fee to set up a debt management plan. Payplan have been very helpful in freeing my debt issues. I had no option but to go down this route as my debtors are not very good at coming forward and helping. Since then most of my creditors have been quite helpful as Payplan is actually funded by them they woek in partnership with Payplan. Most of these companies have put an agreement in place probably because they don't have any enforceable agreements and hoping that I won't challenge them with that issue. In October I challenged my PPI with Alliance & Leicester and only in May have they got their act together and refunded the PPI to my account, 7 months later!!!!!!. I also wrote to the chief executive as I found it very unfair that they had defaulted me despite all my efforts not to avoid payment to them. I also researched the information commissioners report with regards to placing defaults on clients accounts and it seems that there are consideraions that these companies should consider when placing a default on an account, in fact a defult is seen as bad as a CCJ and is on your file for 6 years. Although this is not a rule for 6 years organisations have set this as a standard time. Alliance & Leciester have now agreed to remove my default thank goodness and my persistence and reserch has helped my case. I am happy to show anyone the report that I used if they want. Alliance & Leicester will remove this default in 14 days. It is also noted that if you do have PPI on your loan and you are disputing it they must place this dispute on your credit file, which Alliance & Leicestr never did, which I beleive is a breach of the infroamtion act. My query is that now they have refunded the PPI they have now asked me to sign a new loan agreement. I am not happy to do this and I have told them that I am not happy to sign the new agreement as they have not addressed my letter of complaint since November and also I am not happy to sign a new agreement without checking my old agreement. I have sent them a request for this agreement but surprisingly I have not heard back from their data controller. Does any one have any comments on the situation? What are my rights on signing the of new agreement without checking my old one. Thanks

Hi Andy Do you have any suggestions for my next letter. Do I send a SARN off. I also got a smilar letter from Barclaycard yesterday too. Wondered hat the next best step is to take. thanks

They have not threatened court action. I have had an agreement with them via payplan since September. I was interested to see if I had an enforceable agreement with them. I am happy to do a SARN. My intentions are to see if they do not have an enforceable agreement then I was going to settle my account with an amopunt of say £1K. I will be getting a pension fund of £3K as my scheme is winding up and was going to offer them that amount as a settlement. I just want to get on with my life without any debt. I have another query with regards to Alliance & Leicester but not sure if I should post this on here or do another thread. I sent this letter, and receive the response that I posted earlier: This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply. If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. We look forward to hearing from you. Yours faithfully I am interested in what the next letter should be to them would this be suitable but write tot he complaints deaprment as I have noticed someone having similar issues Account Number: XXX Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974 I note that you have replied to the above by sending your companies current Terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act. To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement. This breach of the agreement can be demonstrated as follows; As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557. Before leaving section 180 there are two other sections that should be remembered these are: Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements; And more importantly Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations. You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations. Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557. The regulations state: (2) There may be omitted from any such copy- (a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy; (b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies); It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations. The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso. Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions. It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented. I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues Yours faithfully

I am unable to post attachemtns it says under posting rules: You may post new threads You may post replies You may not post attachments You may edit your posts BB code is On Smilies are On code is On HTML code is Off So I am going to write out the letter Halifax write to me to say: I write in resposne to your request for your consumer credit agreement under section 78 of the consumer credit act 1974 (CCA) I have enclosed with this letter a copy of your executed agreement, a copy of your current terms and conditions and a signed statement of your account. The copy of the agreement enclosed with this letter comlies with the requirements of the consumer credit (cancellation Notices and Copies Documents) Regulations 1983 (the "regulations")Regulation 3(2) (b) provides that a copy can omit any signature box, signature or date of signature. In summary we are not required to produce a copy with your clients signature on it. By providing a copy of the agreement complying with the requirements of the Regulations the agreement remains enforceable. By providing you with the documents attached to this letter, we have satisfied our obligation to provide a copy of the executed agreement under section 78. As such, the agreement you have with us is fully enforceable and we shall continue to trreat it as such. We will not be entering into any further correspondance with you regarding the requirements relating to the provision of copy agreements. If you are using the services of a claims management company we would like to remind you of the recent warnings issued by the the Ministry of Justice and Citizens Advice Bereau. You can find more details both at http://www.justuce.gov.uk/newsrelease170209a.htmand http://www.citizensadvice.org.uk/press 20090217 The Ministry of Justice headline reads "Business that miselad the public by claiming they can arrange for unpaid loans, credit cards debts otr other consumer debts to be written off have been told to stop or face action Justice Minister Bridget Prentice said today, as new guidance was issued by the Ministry of Justice. Finally, we must remind you that failure to make payments under the agreement will result in collection activities and any default may also bwe reported to credit reference agencies. I am confused at what response I should now give them.

How can I attach the documents

Hi All Please can you help. I am currently with a debt managment company and this has helped alot. I have been with them for a year in September. I came across this web site iand t has inofrmed me that some agreements are not actually enforceable. I would like someone to look over my letter that I received recenlty and the paperwork to see what steps I need to take to sort this accoutn out as it is not enforceable. As you can see there is no copy of my actual agreement and I would like a suitable letter to respond back to them to sort out whether they are correct or whether I have leverage to challenge them. I so want to be able to sort this out as I woudl really like to donate to this orgianisation as it has really given me the strength to deal with these companies.