I will have to request CCA , you are right waiting for their next action, I am preparing already, and will a need a good solicitor!! thanks for you time!!

thanks for you reply dx100uk did requested cca to previous DCA'S but I had to continue paying to prevent further action, only got abbey old statements but no proof of credit agreement, need to dig it , but in the past any agreement [in 2008 court actions] was valid in court, reasons is judges say "if you are paying then you own the debt", difficult to defend judges did accept any document as long it had you signature [read old cases ] and also can no afford a solicitor yet, can you please change the title of the post to the original please !! thank you

Thank you for you reply uncle i THINK THEY ARE JUST PHISHING, receive many letters from them over the year, about filling this financial form, they I have been told by an old solicitor, court and solicitors an d barrister cost them money, they are just the easy way out , like offering a low settlement why ? any ideas?

Hello Need some sort of advise about this collectors., Dryden/Fairfax /arrow/ got hold years ago for an old debt [ABBEY/MBNA CC ] THEY MAY NO EVEN HAVE AN ORIGINAL AGREeMENT, [older than 2007] did no ever requested a CCA request because was paying to Federickson before being passed to this guys. I do know they will have to go many years to find the original aggreement from ABBEY BUILDING SOCIETY CREDIT CARD [mbna] For What I gather they are very aggressive, now I have being paying a minimum payment for what I can afford, over £4k to pay but now I received a letter about "repayment arrangement expired" but did never signed any arrangement with them [fairfax] anyway, just paying what I can afford. Never miss a payment!!..Now asking to fill financial statement, within 14 days or what?, to prevent further action , they say " recommencing to recover the debt", well I have being paying it for a few years, so : -do I have to fill financial statement and send it to them, I thought only court can ask for that? :- what do they mean for recommencing to recover the debt ? :- are they just harassing to pay quicker :-IF they are going to take me to court why now after many years? any ideas?

Hi Point taken and will do Thanks

Hi I totally agree with you , I decided to ignore this letter !!! Thanks

Hi Thanks for your reply. Calming down now lol Thanks

Hi Many thanks for your kind reply, I understand what you mean just a bit concern how to deal with this DCA in case I miss something, that is all again Thank you

Hi thanks you for reply. the thing is this account has been in dispute with the original creditor for over 2 years, got the evidence and then they sold the account to this present DCA while in dispute and the TS is not impressed by it at all such they told me. Awaiting investigation !!! How the present DCA is going to deny a previous dispute before their time. Thanks

will do as soon as I get a scanner

hi I am in the same position they sen tme a dubious document they alleged is an agreement ( al least they are now bound fo r what the said) and by being cross-examined it is unenforceable an d with wrong details Any comment swould be appreciated th e thread is help - DCA reckon found CCA BUT it is dubious Thanks

Update 1) On having a further cross examination on the documents after they sent me the so called dubious agreement, it has got a number appearing at the top, above the printed name which is actually not my name ( crossout and changed in handwriting to my name ), a 16 digits number which is TOTALLY DIFFERENT TO THE 16 digits number NUMBER PROVIDED BY THE DCA in their letter FOR THIS TYPE of account. Now would that prove this is the wrong agreement ???. From a different thread, Bazooka Boo said " Quote: Originally Posted by tom a The problem I find with the Cabot letter is the last 8 digits of the account number are different to my account number. Thats because they have got it filed under their own reference system, using their own account numbers. Send them nothing, cr@pbot are a waste of space." But as the cross examiner said ( can not be revealed) thesse are the only reference numbers provided and are incorrect!!! So would that make this document incorrect. besides there are not pre-scribed terms and conditions contained in the signature box, on the same page where it was signed!!! 2) Also it is almost illegible but at the bottom of the document, only a single page, it says: "..the general conditions applying to the card as set out separately and the details about the card as set out overleaf.." Now there is nothing overleaf on the same sheet of paper, as it is blank but as I said before the separate documents sent , unsigned, saying terms and conditions is a 2 pages a4 size, hardly overleaf because it would not fit all on an a4 size paper and it is unsigned and it is referred as "this is a copy of your agreement" but not reference whatsoever or link or page number to the first page. Any comments please. I f anybody know Bazooka Boo please asking for comments. Thanks

Hi I go the same problem, could you please comment on my thread please.. the thread is http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/238531-help-dca-reckon-found.html i.e help - DCA reckon found CCA BUT it is dubious Also I would like to pm you but you are not receiving any messages Vidrio

hi Thanks for feedback. Yes point taken, in fact a solicitor that know my neighbour said that, basically they have not complied in FULL !!! UNDER THE CCA 1974 Creditor obligations because I have not received DEFAULT NOTICE and not even notice of assignment. Hence it would be considered an UNFAIR practice due to 1.4 The objectives of pre-action protocols are: (1) to encourage the exchange of early and full information about the prospective legal claim, (2) to enable parties to avoid litigation by agreeing a settlement of the claim before the commencement of proceedings, (3) to support the efficient management of proceedings where litigation cannot be avoided. and as pt said on his thread they are no giving me enough time to assess the case. I am entitled to as much info as I need and it is my right!!! Thanks

No, what I said before I issued a CCA request to the first DCA / OC and they defaulted more than a year ago in fact they closed the account. Now after a long time this present DCA alleged THEY BOUGHT THE DEBT and issued a LBA letter and I consequently issued the CCA request to them and they defaulted initially but lately received this dubious agreement. It is unfair because the OC sold this debt to this DCA while it was disputed !!! At the moment I considering my options!!! What I need to know follows Would anybody that know about this CPR explain to me about the liabilities or implications about issuing this request, without starting proceedings. i.e am I liable to court cost??? and What evidence I need to issue a disclosure under cpr 31.16 if it is correct in summary will the court make me liable in any manner cost if it find me unfair or would the DCA CLAIM COST FOR THIS REQUEST OR CONTERCLAIM.... Any comment please thanks thanks

Thanks for the info Hi Would anybody that know about this CPR explain to me about the liabilities or implications about issuing this request, without starting proceedings. i.e am I liable to court cost??? and What evidence I need to issue a disclosure under cpr 31.16 if it is correct thanks

Hi thanks for you reply... Well they have not complied with a provision of disclosure , cca 1974 request to provide a copy of a compliant, legal abiding contract of agreement according to the CCA 1974 and respective regulations, but received just an application form with a funny name crossout, not account number reference, no containing any pre-scribed terms and conditions and a signature date modified!!! Also not account statements received Also no Default notice received Also no Notice of assignment received Also no copy of the deed, obviously no, it is forbidden!!! In fact I did asked to the status of the original agreement, is it in your cabinet?? not answer!!!! So in fact they have denied myself to get access to those document so I have not broken any cpr rules have I? I tried to follow the overriding objectives but All I get back is just harassment for money. But In fact they have denied ever using unfair practices well it is up to the OFT, FOS, TS to make that decision !!! The thing is they have already issued a letter before action... so I am getting prepared........

thank for your point, anymore comments please!!!

Hi Thank you all for your comments, very much appreciated and useful tips, really speaking they are harassing. I just received a letter that further to sending the so called copy of "agreement", I have 14 days to reply and if no reply I will be sanctioned by the court, they would win because of CPR rules and overriding objective, just like that ???? Now they did send me a Letter Before Action letter before I sent them the CCA 1974 s78 request letter. is that the usual process??? ANy ideas?? Yes I see you point, thanks Vidrio ( is a she not he, )

just subbing any more comments please thanks

Hi any SAR template I could use please. thanks vidrio

many thanks

Hi Thank you so much for your help.......... But I have a question if I have not received any statement after a CCA 1974 sec 78 request would that still constitute a creditor default status or do I have to send SAR to get those statments?? I need to be clarified about this!!! Also if they change the typed name on the agreement with a different handwritten name, will that make it void since it was raised to a different consumer name but then crossed out and also the date on the signature was also changed to make it the same as the creditor stamp oddd!!! what regulations will that breached!!! vidrio

Hi thanks you for your comment but CCA 1974 SECTION 78 (4) says clearly that (4) Where running -account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents— (a) showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and (b) where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account. Now they were requested and wouldn't it be considered "unfair relationship" under the CCA 1974 sec 140 (1) ©, 140A Unfair relationships between creditors and debtors (1) The court may make an order under section 140B in connection with a credit agreement if it determines that the relationship between the creditor and the debtor arising out of the agreement (or the agreement taken with any related agreement) is unfair to the debtor because of one or more of the following— (a) any of the terms of the agreement or of any related agreement; (b) the way in which the creditor has exercised or enforced any of his rights under the agreement or any related agreement; © any other thing done (or not done) by, or on behalf of, the creditor (either before or after the making of the agreement or any related agreement). any comments please...

hi thank you for your reply. the thing is I have not received any Notice of assignment and not default notice...and they said they take me to court!!! just a matter of interest what should be the content of Notice of Assignment, i.e a must to be enforceable. Is it just the full amount of the sale or balance of the account and the account number ??? any more comments please, thanks