I would be inclined to say yes looking at FSA advice. If it can be reasonably deemed that this £30 represented a penalty and bore no relation to the actual cost of administering the mortgage.

I've had this with Lowells trying to claim an SB'd debt. They even went so far as to say a payment had been made the year before so the limitation act didn't apply. When asked to prove this they backed down. It'll probably do the rounds (RED debt collections is one of theirs I think) then drop off. As the previous advice, just ignore them and they'll go away. It would be better if their letters came on toilet paper, at least then they'd be some use!!

Mail Preference Service (MPS) may be able to help, website will be available via google. You can complain to them about the specific company, and be added to the unwanted mail register.

It is probably all linked to securitisation (the process of selling your mortgage to investors). The maturity dates for these investments is often as the fixed period ends so the lender will look to liquidate the asset (your house) by encouraging you to move, either onto another fixed rate (which can be securitised) or to another lender. Either way it makes the cash available to pay the investor and make some profit. They're all a set of sneeky so and so's!!

The CCA 1974 is applicable to any agreement entered into prior to the 6th April 2008.

I had a similar situation with HSBC with a credit card, however I think you have the added benefit of them being unlikely to supply an agreement for the original or the current account. If the original agreement would fall under the CCA 1974 I would CCA them, then wait the 12 + 2 days when they will default. Then write to them informing them that you are aware they are in default and can't enforce the debt, however out of your goodwill you are willing to pay £x per month on the basis that they will freeze interest and charges for the duration. I did this, they ignored me, and they passed it to Metropolitan and D&G Solicitors (who are both HSBC owned) who then sold it to a couple of other DCA's before it went back to HSBC. I just hung on and fought my corner, resulting in them not receiving payment anyway and a debt they couldn't enforce. Whilst this essentially resulted in me not being obliged to make any payment, this was not the basis for taking this form of action. My sole reason for doing this was to shift the balance of power so they would be more inclined to accept my terms for repayment. As a side note, do you have any PPI on the card? A successful claim could potentially offset the whole balance saving your credit report and a lot of hassle for you.

I would be inclined to do nothing. Even if the default is marked as settled it still hammers your credit score, especially in today's climate. By submitting a SAR you would need to provide your current residence which they could then use to 'fill in' the blanks at their end and bring yet more trouble. On the balance of things I would say it's not worth it when you way up a settled default vs a £56,000 debt.

Correct me if I'm wrong, but to comply with a CCA request they must supply a copy of the agreement together with T&C's (as mentioned previously) and a statement of account, as per OFT guidelines. As such, I would write back to them arguing that they have failed to comply with your request and the account remains unenforceable as they have failed to provide all the information required under the CCA request.

Hello all, I used to have a mortgage with GE Money (big mistake) from 2007. In January 2010 I got into difficulty due to losing my job and couldn't afford the monthly payment. GE weren't interested and began to stack on charges dragging it out for a year before repossessing the house in March 2011. (Having read about securitisation on here I can see why they did this as this was the time the fixed rate ended, but that's another story!) Anyway, back to the point, there was an alleged shortfall although GE never informed me that the house had even been sold nor a breakdown of charges etc, the first thing I knew about it was via a DCA letter demending £40,000! I am currently arguing this with them, and received a letter this morning stating they'll accept £22,500 in settlement. I believe they have bought the debt but no letter of assignment etc or a summary of how this figure has been derived, so am arguing that point. My main query is if I claim back the unfair charges from GE would this be passed to the DCA to offset the alleged shortfall, and would it jeopardise my case against the DCA, or would the refund be passed to me and the bought debt (the shortfall) remain a seperate issue? I apologise if this has already been covered but I can't find reference to it anywhere other than people's claims for settled loans/mortgages. Thankyou in advance for your time and assistance.

I am by no means an expert on the matter, but as far as I am aware the creditor has to issue a default notice giving you a minimum of 14 days to remedy the alleged breach. Only then can they terminate the agreement. By terminating it in this way they are surely guilty of unlawful termination, and how, can they terminate one agreement 4 times?! Perhaps someone with more knowledge/experience can clarify this.

Hello all, A friend of mine currently has a car on finance. The basic terms are; Purchase price - £9000 Amount of Credit - £5000 Final Payment - £4000 (or return car) Despite requesting it, she has never received a copy of the agreement and the finance company is now saying she will be charged a fortune in any excess mileage above 50,000 although there is nothing to document this. My main questions are therefore; Does this fall under the CCA rules (ie. no agreement/no enforcement)? Can they repossess the car (she has paid it for 22 months, the term is 24)? Thanks in advance for your help.

Could someone point me in the direction of what I need to complete in order to take my lender to court to order that they comply. I have requested a copy of my underwriting sheet from GE and they refused at first with no rationale so I wrote to them again under the Civil Procedure Rules. They've just ignored it. I know I need form N244 (or something) but what else? I know it's been explained on here before but despite my best efforts cannot find the thread. Thanks in advance.

Did you post a cheque by any chance? If so my advice would be to have it cancelled by your bank. Then you could do one of three things; 1) Insist that Moorcrap provide, in writing, confirmation that the amount is £170 and payment of this will mean the account is marked as satisfied and duly closed. 2) Send Moorcrap a letter stating that you don't acknowledge the debt and get them to prove that you owe it. As it's an overdraft they'll have a hell of a time getting anything like proof and will eventually pass it back to Abbey. 3) Speak with Abbey directly and see if you can come to some arrangement with them. If so, inform Moorcrap that you are dealing with the OC and that they can 'foxtrot oscar'!! I would personally opt for number 2 but I have no morals, thus don't feel obliged to pay the lowlifes!!

I have had the same issue with a HSBC credit card for 3 years. It pops up now and again with a different DCA I tell them that it's in dispute etc, they say it isn't and pay up, I tell them prove it, and they go away! Don't let the b*stards get you down and just give em as much s*it back, I use it as therapy now, all the stresses of the week are passed on to monkey at the DCA. I've become an expert at combo-swearing!!

Although your insurance was terminated with the agreement you should still be eligible to make a claim upon it as your illness began whilst you were insured. I only know this as I used to be an employer and our insurance covered employees for up to 6 years after it expired in case of injury that occured as a result of their job but did not materialise until later. If you've still got the PPI policy you should still be legally entitled to use it. Is the PPI arranged by a seperate company to EGG? If so contact them and state you wish to claim. If they play silly b*ggers then, as stated above, it may be easier just to sue for mis-selling and get a refund.

I'd be very surprised if Orange don't agree to you paying them direct. Moorcrap et al buy debts at a rate as little as 10p in the £1 so Orange would be financially better off cutting them out. If they refuse, b**locks to em!! Carry on giving Moorcrap stick and force them to prove your liability. Once they can't they'll send it back to Orange anyway.

D&G are just another load of inhouse monkeys same as metropolitan. I've been disputing a HSBC credit card for nigh on 3 years and they've never initiated court action as they have no agreement. They'll deny the account is in dispute and send a load of old sh*t through the post but so long as you keep on at them to prove liability for the debt they give up eventually. As said before, they have nothing with which they could successfully take you to court with and are merely using scare tactics to try and get you to pay.

Did the calculations properly online and it would appear correct which is a bit of a bugger! But no worries as just realised why it keeps getting passed around, it's statute barred as of April 2009!! Will point this out to Lowells asap and sit back while they crawl back under their rock. Thanks anyway spidey41.

I have the pleasure of dealing with these idiots and have done for a couple of years. I wouldn't worry, as said before the pre court, home collections dept etc are just different desks and mean bugger all. Moorcroft do have a habit of sending reps round to your house so be warned. They have no authority to do this and are not baliffs (even if they say anything to the contrary) so tell them to p*ss off as they are trespassing on private property. The number one rule really is don't let the b*stards get you down, if they give you grief, give them it back. Bedsides there are loads of people on here who can give you support/advice/help so your not alone. I'd start off by writing to them as alfwithhair suggested to see if they've got any paperwork. They'll soon shut up when they realise your no pushover. A good trick if they phone is to refuse to answer their security questions, that way they can't continue. Chin up, you're in good company!

That's just an application form, so no it's not a valid agreement. All it proves is that you applied for a card. Take a look at the sticky 'Is my agreement enforceable - useful' that details what an agreement needs to contain to make it valid. As for the other cr*p they sent, not worth the paper. All the relevant info has to be on 1 sheet of paper to make it valid. Besides, the terms have to be the ones in force at the time the agreement was made, they can't put today's T&C's in. Hope this helps, BiGaD09

Hi all, I have an old halifax loan currently with Lowells. It's been passed around for years like a hot potato and I couldn't understand why. I CCA'd Lowells and received what looks to be a bona fide agreement. However I've noticed one discrepency. The APR is calculated at 11.9%. Underneath that is a monthly interest rate of 0.944%. However 0.944 x 12 = 11.3%. Am I correct in assuming that Halifax have miscalculated and thus rendered the agreement void? Any help would be appreciated before I get on to Lowells. Thanks as always

Had another little surprise in the post this morning. Shop finance direct decided to send a termination notice for the old additions account, this was already terminated when it transferred to kays. A termination notice for an already terminated account. The phrase 'peanuts and monkeys' springs to mind methinks!

AIC are the bottom of the barrel ****. A Mr Miller (another one for the cluedo list!) has been leaving messages for me to telephone him for ages, despite my writing to them to inform them they have no legal write to pursue the debt. It's a HSBC one by the way.

Thanks for your quick response blueda. I thought they had messed up but am a firm believer in gaining a second, and more informed, opinion before I sock it to 'em! Thanks again, BiGaD09

Good evening all, My wife holds a catalogue account with kays, originally with additions but transferred about 4 months ago to kays. Since the transfer kays have provided no means to her for her to make her monthly payment (she always used giro slips previously) and despite writing to them they've not responded and continued to add charges for late payments. Then about 2 months ago it was passed to NDR for them to collect on it. Slightly bemused by this, and equally annoyed, she decided to CCA them just to assess whether they were taking the p*ss. That was on the 15th December 09 and with no response. The request was sent to NDR as they stated they had been appointed by kays to collect the monthly payments. NDR have subsequently defaulted on this as they have failed to provide said agreement. Moving on to today, kays have issued a default notice (looks legit although will have a proper look later) demanding payment of arrears by 25 Jan or a balance of 584.85 will be required to be paid. In a seperate letter NDR have sent a statement requesting payment for the same debt (same ref number etc) showing a balance of 894.34 Therefore, she and I am somewhat bemused about what they are playing at and what her next move should be (not to mention how much she actually owes!) It appears that shop finance direct (who own both of the above companies) have dropped a clanger and don't even realise. Any ideas on what she should do and can kays issue a default notice after passing the debt on and the DCA defaulting on a CCA req? Thanks as always for any input