I just want to reiterate: I have requested a True Copy of the Agreement as I was recommended to do so on here several years ago. What I was actually sent was a copy of the application form only. It appears that this is not one of the same as an actual signed agreement. Please if you do not know the answers I am requesting for sure, then please kindly do not respond as this only serves to confuse and also I might not receive the help I have requested.

I have found an old thread that I think explains what I am look for as below posted by diskmandave and here is the link: http://www.consumeractiongroup.co.uk...al-capone.html Well, clearly it's not a copy of the agreement, and in fact the signature box is one of the things that they're allowed to omit, there are none of the original terms & conditions which they're obliged to send, no statements of the state of the account....etc.......... Don't write to them! It's not your job to chase their legal obligations!

Yes but please note that the form signed was the application form, is this what constitutes the agreement?

I have attached a copy of the agreement that they sent me instead of the True copy as requested. And yes I have been paying a token sum each month even after placing the account in dispute as they said they would not accept that there was any dispute and at the time I did not receive enough advice to enable me to do anything else but to continue paying them

I have put in my opening thread that the account was opened in 2003.

Hi CitizenB, Thank you for your reply. I have done budget sheets etc in the past, they have accepted that I cannot afford much. All I need to know is how I stand from a legal stand point if they cannot produce a True Copy of the agreement not a mock up/reconstituted copy, but the original True copy I signed?

So if they cannot produce a True Copy of the agreement they are still allowed to pursue it through the courts then?

Thanks Conniff. I do know that, but need to know how I should proceed as they will not tell me if they have the original true agreement on file or not, and I understand that if they do not have the original True signed agreement, signed by myself, then they cannot pursue it through the courts, so how can I get them to tell me the truth?

[ATTACH=CONFIG]41545[/ATTACH] I would really appreciate some help here. I first posted here back in 2010 after loosing my job of 22 years and owing on some credit card and loans that I could not possibly pay due to loss of income. Everyone was very helpful and I have managed over the last three years to sort most out. I am left with just a few problems now that I am finding difficult to deal with and one of them is a Tesco Credit Card that I had from 2003. Back in 2010 I followed advice on here and I sent a request for the True Copy, I received the attached reply, to which I responded by placing the account in deffault. Tesco responded to say that they did not consider the account to be in dispute and at the time I did not receive enough clear advice regarding True Copy requirements to really know where I stood. I continued paying the account at a pound a month which was all I could afford, now Tesco's have written again putting pressure on for me to settle the account which is over 8k. I have now offered five pound a month on the phone and I did not have time to look back at the records I have which clearly show that I have placed the account in dispute, I know I continued to pay a token sum each month but can anyone kindly let me know where I stand please as I feel I was correct to dispute it at the time but Tesco's are addamant that they are correct and that are far as they are concerned there is no dispute. Any help/advice would be much appreciated. Gem [ATTACH=CONFIG]41545[/ATTACH]

Thank you for your replies Happyhippy & Bazooka Boo, much appreciated. I think the action I will now take then will be to place it in dispute. Once I have done this, is it correct that I must not enter into any correspondence with them in order for the six year no contact to take effect? I am not sure that if I keep in correspondence with them that the six years only counts from my last contact with them so once placed in dispute do I then ignore any correspondence from them unless of course they manage to produce the original agreement?

Due to being out of work for three years after forty years in full time employment and losing my last job role after 22 years due to office closure, I could only pay the absolute minimum payment of £1.00 a month to each of my lenders. I originally had a Goldfish credit card which then went to Barclays, I paid Barclays £1.00 a month for around a year and then they passed the debt onto Link, the debt is currently around the 6k mark, Link started to put pressure on so I requested from them a true copy of the agreement, this I had previously asked Barclays for but they were not able to provede it, I asked for the true copy back in July and have now received a letter from Link stating: " We write further to your letter of ******. We had requested the original application from Barclaycard on more than one occasion, and they recently informed us that they are unable to locate a copy. Although no other reason has been provided, this may possibly be down to the age of the account. We return your payment of £1.00 for the fee for this request." What I need to know now is do I continue to pay Link the £1.00 per month, or put the account into dispute, or what action if any I need to take to be in my best interest?. Any advice would be greatly appreciated.

Hi lee12, Yes that was my thinking, the card was originally issued twelve years ago. They still have a copy of the application form which they keep sending me when I request the True Copy of the agreement, so I cannot see why it is that they cannot supply what it is that I am requesting from them. I will ask for the CCA again. I trust I direct this to Link this time?. Look forward to your reply.

Hi Guys, Back again for some more advice. I had a credit card with Goldfish/Barclaycard, many years ago. I had to lower my payments a couple of years ago when I was made redundant after many years with the same company. I could not get another job, and had to offer all my creditors a pound a month. I asked Barclaycard for the True Copy of the agreement last year, they never sent it, only the actual application form, I did say that this was not what I had asked for but they said that it was fit for purpose etc. I did come on here at the time and there seemed too many grey areas regarding True Copies and the legal standing, and how companies are getting round not actually having them on file etc, so I did not pursue it at the time as I could not get a really straight answer. Now the debt was passed on to Link financial last year and they agreed to let it run at a pound a month for six months, it has gone past that period by around four months, and I have now received a standard letter from Link explaining that they intend to recover the debt, which stands at over £5.800, (I will not reveal all for obvoius reasons). My question is, can I now ask Link to produce a True Copy of the agreement and see what happens?. I took the card out over twelve years ago. I would really appreciate any help or advice on this as I will need to answer there letter soon.

IMG.pdfHi Guys, I have done a letter of appeal and attached it. I have left out details that identify, so this is the body of the letter only. Please let me know of any areas of concern etc.

Many thanks for your reply ims. I have been going through the paper work with a fine tooth comb, and one paragraph in the refusal to pay out the PPI letter states: Exclusions - you were affected to some extent by the unemployment cover of your PPI policy. However, the extent of the affect meant that there was no impact on the suitability of your policy because your identified needs for the remaining policy benefits. This is all detailed in the PDF file on my first posting here on the 17th of April. This seems a ridiculous comment to make, as if you cannot claim on any one part of a policy, how on earth can it be deemed suitable because the rest of it is ok, and then one of the very important aspects you wanted covered, your employment status, is not actually covered at all even though they have listed on the requirements to be covered - unemployment?. So we really need to have some advice on how to word our appeal correctly without throwing our toys out the pram, as it does make one very annoyed when you are trying to battle these idiots. Look forward to any replies.

Hi Guys, We have the SAR back, and on the application form where it asks for employers details, there is clearly typed in the address field, my friends name and address, this was done by the Halifax themselves after my friend explaining that they were self-employed and what should be put in the field to denote that, the advisor advised accordingly and that was how the typed up finished application form was processed. The Halifax did come back a short time afterwards asking for a few details to be confirmed before the card could be issued, and this was done to their satisfaction and they then issued the card. Also on a screen shot they have sent, they show all my friends details, address, smoker etc, and that they are self-employed. Then when my friend lost their work contract they were under and my friend decided to claim from the PPI cover, they were told that the policy did not cover self-employed. My friend now wants to appeal the Halifax's decision that they are satisfied they acted correctly in refusing a refund of the PPI payments made. And we would like some advice as to how to word the appeal, as far as we are concerned the policy was not fit for purpose so should not have been sold to my friend in the first place. Any advice would be greatly appreciated.

Thanks guys for all your help and advice. We have sent off for an SAR a few weeks ago and will see what comes back. But I have to say that I am always frustrated when a debt is sold on, and we know that debts are sold well below the actual debt value, only for the new creditor to come after the debtor heavy handed for the whole amount of the debt, there should be something done about such practice as loan sharks add on huge apr's to their monies lent, and they can be investigated, so how come a debt collection agency can purchase a debt for 10% or so of the actual value of the debt and get away with charging the whole sum?. I understand the theory behind it though, as a credit manager with 30 years experience, I still get frustrated at how such practices go on. I started my own credit control outsourcing business a few years ago, and have sat in front of a few DCA'S that would like to offer my companies services on a white label basis, and I sit there and they start off with how they follow the guidelines etc, and then after about half an hour their true colours start to show, and then they say things like "we make many phone calls a day to an individual, we threaten them with garnishee orders, with charges on their properties" etc etc. I say to them, so if they really have not got the money do you not have a conscience about what you are doing?, it appears not. I have known people to make an offer to their creditor of above the 20% that they may sell it on for, only for the creditor to refuse the offer, the only reason is that they are being b minded, as they really do not care about the individual at all and do not mind what happens even if they do not sell it on for as much as was offered by the debtor, it's a power thing for sure. As I said, I understand the theory behind the actual asking for the full amount as that is really bottom line what the debtor owes, but I do think that when circumstances can be proven, that one is going through a period of hardship, that maybe the creditor should look at things in a more sympathetic way than they seem to, they seem to tar every one with the same brush, one size fits all attitude, and personally, I could not pair up with such an entity

And how about if Westcott have asked you to set up a DD to pay them when you have not been informed by Halifax that Westcott are to be paid instead of the Halifax?. This would look like Westcott have purchased the debt and that is why they are requesting payment to be made to themselves, Halifax have also stopped sending the regular monthly statement of account that includes the bank giro, so now my friend has no means of paying other than setting up a DD or standing order. I have suggested that when the time comes to set up a standing order as a DD gives a bit more control to the creditor and a standing order is under your control. The problem there would be that I am sure there is a fee for a standing order, and no fee for a DD to be set up, so as my friend is unemployed, any additional outgoings are difficult to cater for, she does not posses a cheque book so cannot pay by cheque each month.

Hi unclebulgaria, and thank you for your reply. She has not received anything in writing from either party, and personally I would have thought that any such notification should come from the original lender, how would one know that the person calling on behalf of Westcott is not just a [EDIT] trying to glean sensitive information, as there has been no notice from Halifax to my friend saying they are terminating their agreement with her and handing it over to anyone, yet. She has been warned that this may happen and when she asked why, if she is keeping to the agreed payment of £5.00 per month, would the debt be passed on, the Halifax informed her that is just standard practice?, it looks like it has been passed to two DCA's so far, one dealing with the other.

I am writing this thread on behalf of a friend who has been receiving text messages and now phone calls from Westcott. My friend has a debt with the Halifax and as they are currently out of work have an agreement in place to pay £5.00 per month to the Halifax. She is now being pursued by Westcott for the same debt and has not received anything in writing from the Halifax to inform her that the debt has been passed on. Is this correct practice? and she is also some what concerned that they now have all her details.

Ok, good advice. Will post back here though before doing so with any findings. Thanks again!.

Ok, thanks for letting me know that. When my friend receives the SAR information back, then we will go through it all and see what is there and then report back here with our findings. On appealing it, do we first go back to the Halifax or do we go to the Ombudsman?

Hi ims, many thanks for your reply. It is probably as we suspected, just trying to get us to go away. My friend will certainly send for the SAR. The Halifax say that if they do not hear back within 28 days, they will close the complaint and consider it resolved. So they have to inform them that they will be appealing their decision, and will do this without informing them of the SAR.

I am helping out a friend over a PPI claim, I did not think it would be plain sailing, and know that I would get the help that I would need to progress things on here. When my friend took out the PPI it was to cover a credit card and was approx seven years ago. After around four years of paying they no longer had work (they were self-employed) they decided to claim on the PPI and were told that it did not cover self-employment. Because my friend did not understand about the mis selling of PPI, they did not take the matter further, they just cancelled their payments from the point that they had been refused any payments as they could no longer afford the monthly fee anyway. It was only when they heard about the fact that there was a history of PPI being mis sold that they decided to look into it further. I suggested that they should first do a claim on the basis that they had obviously been mis sold the PPI in the first place, as at the time they were self-employed, and at no time were they told that the PPI did not cover them in this case. I sent the claim off on a standard template letter, and my friend has now received a letter refusing any payment. What we need to know is, is the letter they have received (attached) a standard letter, sent out in order to try to fob them off ?. They want to appeal it and I have suggested that they now ask for a SAR. If my friend sends off for the SAR, then do they inform the Halifax that this is what they are going to do?, the reason we ask is that we know that they have to inform the Halifax that they are not satisfied with their decision, and that they wish to take the matter further, but is it in order to inform them that they will be sending an SAR. My friend is just concerned that important information relating to the case could be misplaced etc, is this possible?. I look forward to any replies with advice and help. PPI.pdf

Ok, I will find out the info required and get back to you asap. I do not have too much info only what I have been told so far today. Gem