Hello, I have been looking over my mothers accounts because she couldn't understand why her debit card had such a high APR. She insisted that the APR was a fixed rate of about 12% when she took out the card, now it is 32%. She has not signed or agreed to the amended CCA. She does not hold the original CCA. The bank sent out a "reconstituted" CCA that states the credit card rates may change at any time. TSB have stated they will not produce the original CCA and that they will only give a reconstituted agreement. Can she dispute this? Can she reclaim the money that has wrongly been taken from her? How can she force them to produce the original agreement that bears her signature so that we can prove what they have done? Regards, Kaarejen

I have been told by a friend to write the following in paticulars: Can anybody confirm this? Thanks, Kaarejen

..

Could I just write 'Unknown' in the value box?

Ok, Thanks

If anybody would like to make an assesment on damages, please take into consideration I havent been able to obtain any credit of any kind (i.e. Mobile phone contract, car finance, loans etc.) Thanks for your help! Kaarejen

Will this do?

What would I put in the Value box on the N1 form? Thanks, Kaarejen

Should I send them the follow up letter advising them that I am issuing a claim if they do not respond to the first notice?

116 Days have passed, what I was going to do rather than have my letter thrown in the bin by the CEO's PA was send them a follow up letter saying: "Dear Sir/Madam, I refer to previous correspondence in relation to this matter to which you have acknowledged receipt but I have received no reply. I write to advise that if I do not receive a a response stating your intentions within the next seven days, I will have no alternative but to issue proceedings in the County Court without further notice. If it is necessary for me to pursue this course of action, please note that I intend to claim for a damages, together with the court fees. I look forward to hearing from you within the next seven days." Then attatch the original letter. I wish to claim for compensation as this has gone on too long now so wish for this to be resolved by court. By sending this I believe I have done everything possible to resolve this matter as per their complaint procedure, I have even contacted CISAS, an independant Adjudicator to try to resolve this issue. Do you think this will be sufficent to show the court I have tried to resolve this matter without going to court? Thanks, Kaarejen

I have contacted Orange the way that they ask you to on there complaints page. This is what I wrote: “Mobile number of account in question: 07XXXXXXXXX I am NOT an ORANGE PERSONAL COMMUNICATIONS ('Orange') customer nor ever have been! As such there is no contractual agreement, nor is there any other type of agreement allowing Orange to process or disclose my personal data. I believe that the processing by you of such data in any manner to be unfair as it is incorrect and would in any way would breach The Data Protection Act 1998. Therefore, take notice that I require that you cease from processing within twenty one days of the receipt by you of this Notice, or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of alleged defaults or contractual breaches or breaches contrary to The Common Law. This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which has been caused to date. And that as the processing of the said data in the way referred to in this Notice would violate both the Principles and Data Subject’s rights of The Data Protection Act 1998, to do so would be both unwarranted and unlawful. I further request that you contact all three Credit Reference Agencies to have all details of this account wiped from their files/records. I am confident that neither of the conditions in paragraphs 1 to 4 of Schedule 2 are met, and I assume you haven't obtained an order from the Secretary of State allowing you to continue processing my date. Should twenty one days pass and you are still processing the said data, I reserve the right to report you to the Information Commissioners Office and take any further legal action that I deem necessary. All replies should be sent to my postal address. Yours Sincerely,” Can I now go and fill in a N1 form as they have acknowledged receipt but have not replied to my concerns. All their letter said is “Your query is being looked at”

@slick132 I already have the £2 credit report.

Hello, I have checked my credit file and I have found a default for an account with Orange Personal Communications witch I did not take out. The spelling of my name and date of birth is incorrect. I have contacted orange personal communications but they keep ignoring my letters. I have not been able to get credit (at all, not even able to open a bank account!). I wish to file for damages. I have contacted CISAS and there reply to this matter was: "From the evidence provided you do not appear to be the Customer that holds an account with the Company you are complaining about. The CISAS scheme can be used for disputed between communication services providers and their customers only." How would I take on this company and apply for compensation for not being to obtain credit since the default was registered, maybe small claims court? I know I could take the route of the ICO as I did not authorise them to disclose any details to a third party (No contract there at all). What would I need to ask the company to supply under CPR and Pre Action Protocols

Hello, I have send Lloyds TSB a letter requesting a true copy of the original credit agreement under Consumer Credit Act, they responded with a reconstructed agreement. I then went on to make a further request under CPR 31.16 to obtain a true copy of the signed agreement. TSB responded saying: "At present, we are unable to locate your original signed agreement and cannot, therefore, provide you with a copy of the signed agreement at the moment" "Please treat this letter as our final response" To date they have failed to meet my request under the Pre-Action Protocols. Where do I stand now and what should I do next. If they are unable to supply the signed agreement what can the courts do about it? Thanks, Kaarejen

Hi, I have been looking through the PDF on the link that you posted. I am still unclear whether the lender has to provide a copy of the Consumer Credit Agreement under S.77 / S.78 / S.79 of The Consumer Credit Act 1974. I am also unclear whether or not if the lender fails to provide the CCA in the statutory time limit the debt is unenforceable?? Thank You, Kaarejen