Hi have not posted for a while as things have been ticking over O.K. thanks to all the help from this site but I now have a new problem which I hope someone can advise me on I have a loan with Barclays which has been off my credit file for some time but on just checking my file it is back on I was unable to maintain payments to the loan and started paying a reduced sum from around 2003 - payments have always been maintained but at a very reduced rate (have checked and the debt is enforceable - even got a copy of the signed agreement when I made a subject access request some time ago The new information on my credit file shows date account was opened which is correct - an opening balance which looks like it must be the current balance and not original loan amount - also shows the original payments due when the account was opened and shows green O.K. for July and August - so does not show that this account was defaulted many years ago or that I have been paying reduced amounts I am not sure what to do about this - I thought once a debt came off your file it could not go back on but perhaps I am wrong ? Any advice please - my credit file has improved vastly in the last 2 years and now it looks like I am heading back to square one Thanks!

Hi just a couple of queries - can you claim back credit card charges more than 6 years ago - it's MBNA and the charges date back to around 1999/2000 - I am a bit confused about this - think perhaps too long ago? Other thing is how often can you do a SAR - I seem to have lost some stuff I received - just wondered if I can get it again Thanks very much

O.K. thanks very much for your time on this Did think as this still with Cap1 it might be the case Once again thanks for your help - very much appreciated

Hi no agreement was 1999 Regards

Hi it was the ICO I looked at and pehaps I missed it but it did not seem the right place to go re this sort of problem? Tesco have advised me to go to FOS if I am not happy with their final response and that organisation does seem to make more sense to me Don't know if making a complaint is the right way to go - perhaps not having read some of the threads - but if I was going to would it be to the ICO? Thanks!

Hi just had a letter from Tesco which says they have thoroughly checked their records and realised they issued incorrect agreement and are enclosing a new one with the correct information and so enforceable - so new reconstituted agreement with new address but still not the right address!! so still not valid They also sent me another chq for £25 which is nice Also had letter from Idem saying they have fully satisfied their obligations re s77/78 of CCA1974 and are not prepared to enter into detailed correspondence on this subject and suggest I refer the matter to the Information Commissioner if I am unhappy with their response Their reconstituted agreement was the one that Tesco is now saying was wrong! Just wondered if anyone could tell me if Idem is correct in referring me to the Financial Commissioner - have to say that I had not heard of the Information Commission before Idem's letter - had a look at their site - can't see anything about CCA stuff? Any advice please. thanks!

Hello theoldrouge just wondered if you have had a chance to look at my Cap1 stuff Thank You

DX100 Thank you very much for getting this on for me - really appreciated Just had letter from Cap1 wanting income/expenditure bank statements etc etc Any advice on Cap1 CCA would be helpful before I sort all that out Thanks!

Hi All just wondered if anyone could give me some advice on doing income/expenditure forms as it will soon be time to do some When I started own DMP I just followed what I did with payplan - list of income/expenditure + list of creditors & apportioned amount due to each But since some are enforceable I have stopped paying - do I still show them as being owed? but not being paid? (but possibly might be in the future if enforceable agreement turns up) If I don't show them - will that cause problems as it might look like they have been paid off Just a bit confused about how to deal with this so would be grateful for any advice Thanks!

Hi DX email address would be great Thank You

Hi DX & theoldrouge thanks for your replies - thought I'd got the uploads sorted but perhaps not - using a combination of friends ipad & local library so can be difficult! The 2001 lot number is v6# - there are 5 pages in total which I can see when I click on the uploaded cca2001.pdf but I must have done something wrong so it does not show up for other people? I was looking af CookieRocks thread and his is a v6 agreeement too but on page 2 his shows a breakdown of interest rates but mine does not but his date is 2002 so perhaps different The late charges etc on my v6 are all £15 The application form has a tick box for if you do not want to proceed with balance transfers and this is ticked - can't really remember how I applied for this card but just wonder if this is a follow up to original application This is still with Cap1 - went into default approx 2006 and started making reduced payments - actually got a default notice in 2009 - it's just fallen off my creit file Ii don't think there was an annual fee but not 100% sure

Hi had letter from Cap1 saying this agreement was enforceable but having read around the site seems that is not always the case - any advice would be much appreciated Thanks

Hi due to lack of computer access and lack of know how I have a lot of trouble trying to get stuff uploaded so am just putting this Cap1 page on to see if is legible Hope to start new Cap1 thread later

Hi thanks - that's nice to know

Hi sorry for delay to your post - I have looked through all the figures and they do tally up - it's just a bIt weird that quite a few all over the place are shown as insurance payments Just realised that the CCA agreement that Idem has sent is different to the last one from Tescos This one does not show the interest charge whereas the last one that Tesco said was fully enforceable did after 3 without interest figure but everyone with wrong address When Tesco sent their letter with their 'enforceable agreement' they also sent a cheque for £25 for distress and inconvenience of wrong CCA previously provided - Love to bank this as it's quite a lot of money for me but just wonder if that would be O.K. - if I bank it is it like saying I accept the agreement they provided even though the details are wrong Thanks for any advice you can give

Hi thanks for your reply - yes did a SAR some time ago - did not get much back Got statements from beginning of account but all with my current address on Also got some transaction type sheets but these only go back to 2009 - it looks like from the first 2009 entry that there might have been some sort of computer changeover and that might be why they think my current address has been my only address (I moved to current address in 2008) Tesco did do a credit check recently - shows up as a unrecorded enquiry which I think is a soft search but not sure what that shows them - would they have seen the electoral roll information which shows me at my current address from 2008 Grateful for any advice - Many Thanks Sorry meant to ask should the SAR include copy of the original agreement? thanks!

Hi back for a bit more advice please - been chased by Idem for payment so sent off a CCA request Received reconstituted copy agreement but once again it is with my current address so not true copy/enforceable Idem's letter says . ... In accordance with the CCA1974 it is acceptable to supply you with a reconstituted copy as the creditor or owner may not have preserved a copy of the executed agreement. The requirement allows us not to provide an exact copy, a carbon photocopy or microfiche copy and we can therefore provide a reconstituted copy I know they can provide a reconstituted copy but just wondered if anyone has any comments on the "may not have preserved a copy" bit - don't they need it for a 1999 agreement? The other quey is that Idem have provided a breakdown on the account but this starts 3 years after account was opened and a lot of the credits to the account are shown as 'insurance cheques' - have no idea what this means - any ideas? I did not have any insurance! Thanks for any advice on this and what to do next regards

O.K. thanks for that - no doubt I will be back soon!!!

Hi All I have just received a letter from Tesco saying they have decided to transfer ('assign') all of their rights of my account to idem servicing and also had letter from idem I was surprised about this as still have not had an enforceable copy CCA although Tesco keep saying I have!! but none with proper address - I have not paid this for about 6 months since I started doing my own DMP In the lettter from Tesco they still seem to think I am with Payplan although I have loads of letters chasing non-payment and re the CCA disagreement Any advice on what I should do next please - Should I CCA idem? tell them Tesco have been unable to provide a true copy CCA? Thanks!

Hi DX thanks for your reply - loan was taken out in 1999 - so they would need the actual signed agreement if it went to court ? I am actually beginning to wonder if there is a signed agreement - can't remember signing one but have previously assumed I must have - do remember organising the loan over the telephone but Not signing an agreement When Fredrickson get in touch do I need to send of for another CCA ? Thanks!

Hi had letter fromTesco Complaints Team saying there was an error in the information provided in my reconstituted credit agreement and they have enclosed a revised copy agreement which fully complies with the CCA1974 . It is a slightly different agreement - interest charge was not shown under other financial information but now is but. my address is still wrong Letter goes on to say their investigations are finished and if I am not happy I can go to the FOS I did write back to Tescos a couple of weeks ago saying agreement still did not comply and perhaps they could supply a copy of any original signed copy as I have had 4 reconstituted agreements which have all been wrong but so far no response apart from a letter today saying they are passing my account to their agents Fredrickson Please any advice on what I should do or what will happen next - should I go to the FOS ? - I can't find anything on the threads that is quite like this. Thanks!

Hi yes moved many times but have always updated everyone Am pleased to say that my Tesco 'black hole' is over as I have today had a letter from Tescos saying that they are looking into my CCA1974 request Thanks!

Hi I have received a 'true reconstituted copy agreement" from Tescos but with wrong address so does not comply I think Have written and said it does not comply with CCA1974 but did not say why and that therefore in breach etc - have sent a couple of letters about this with proof of postage but no reply from them Originally sent CCA request in 2012 and chq cleared through my account but did not get any response until I chased about a year later (I did not understand actually what I was doing at the time) Apart from the Tesco chasing letters , they are not replying to my letters about non-compliance and I think llike DX says that there does not seem any point in sending more letters but at the same tiime I am a bit nervous about what will happen next but also a bit miffed that they are not relplying to my letters - I just expected a reply is that a bit naive of me? Thanks!

Hi thanks - did wonder about that Assume I'm getting computer generated letters at the moment and that someone will eventually look at my letters and check what they have sent to me or pehaps not! Just been reading up a bit more on enforceability/unenforceability and some of the court cases threads and am now even more confused than before - think I'll just wait and see what happens next Thanks!

Hope it's O.K. posting this question here - just remembered I have already started a Tesco thread Thanks