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rae-c

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  1. The 12 + 2 days is well and truly up and no one has come forward with the origional cca. Could someone advise me on the next step please? Should I write to them saying the account is in dispute until they provide however I am still going to pay a small amount and will sned new I&E explaining redundancy and unable to return to work as I am full time carer for my disabled mother and claiming carers allowance. Idea is to try and get a F&F, I have already paid 60% back so cannot afford any more than 10% as it is coming from my redundancy pay that has to pay my mortgage etc for Idont know how long so even that will be a push!! Really dont know what to do and not getting any replies to this post so if someone could offer some advice I would be very grateful Thank you
  2. Hi Dx i already sent SAR to hsbc and had pile of stuff back but no statements for the bank accounts or cc before they were cancelled they only provided the ones from metropolitan services once the accounts had defaulted. i assumed this was because it would have been before april 2006. I know there was loads of charges and interest on both bank accounts but only have proof of a few, should I follow the processes from here to try and claim back what I know about and can prove? like you say the fact they merged one flxi loan and current account and kept transferring funds from one current acc to the other made everything very complicated!! Also have had response from nat west mint and they re asking for my signature. They state they can satisfy the true copy requirement by providing a copy agreement at the date the card agreement is made. I am wondering if this is corect as I think I have read somewhere that it has to be the true origional document as I have had it before 2006?? Thanks
  3. Thank you Dx for your thoughts. I have had a response from Robinson way today saying they have put the account on hold and requested the information from HSBC. They also have two other old hsbc accounts one is a current and flexi loan which they combined and the other is a current account. i know I cant cca those but is therean equivelant request for a bank account?
  4. I have now had a response from Barclays and set up a seperate thread under that bank and today I have had a response from Robinson way saying they have requested the information from HSBC and put the account on hold. Last year I did actually SAR HSBC and there was no credit agreement came back and also no statements for the other two bank accountswhich I know are littered with charges etc Do I just wait the 12+2 days and isuue a failure to comply notice? Also any idea if there is anything i can do about the two old HSBC bank accounts that Robinson way also have?
  5. I used a template request I found on here and didnt ask for a deed of assignment so that kind of threw me a littleI thought perhaps that is standard when you make a request? I havent actually told them about my redundancy yet and just reduced this months payment to £100 to pay plan. I think when I get all the cca responses I can then write and explain and make offers?
  6. Thank you for your response!! I have listed them under the debt and self help forum called DMP and redundancy and thought I would start a seperate thread for this one but basically there are two with link, they replied yesterday saying need 30 daysand havesent request to mbna, 3 with robinson way ex hsbc and one with moorgate ex m&s. Perhaps you would look at my other post please?? What would you suggest my next move is with regards to barclays, as i said earlier I have ben paying £300 per month via pay plan and have been made redundant i would like to get a full and final as low as possible as I can no longer afford the monthly payments
  7. Sorry, but as I cant seem to attached the letter properly, here is what it says, if someone could please advise?? "I refer to your request for information. i acknowledge your request for Deed of Assignment and I am able to confirm that this has been sent to the relevant department who will contact you directly regarding this. The information we must provide you with under the terms of s78 of cca 1974is prescribed by the act and by the consumer credit regulations 1983. s78 provides that where a creditor receives a request under s78 we must provide a copy of the executed agreement and any document referred to in it and statement of account. I enclose a reconstitiuted copy of your credit agreement. A statement of your account is below. Current crdit limit is 0 Balance is ........ Due to the current status of your account the full balance is now due. We are currently unable to provide a copy of the terms of your credit agreement as varied in accordance with s82(1) of the act. We accept that we are therefore prevented from enforcing our agreement with you whilst this state of affairs continues. I note that s78(6) was repealed on 31st may 2008, meaning that it is no longer an offence for a creditor to fail to comply with s78(1) for more than one month. Not withstanding that we cannot currently enforce the agreement, our rights continue to exist under the agreement. You should therefore continue to pay the debt that has accrued on your account. We can and will continue to take any action short of enforcement, which includes reporting to cra's without also telling them that the agreement is uneforcable, demanding payment from you, issuing a default notice to you and instructing a third party to demand payment or otherwise seek to procure payment. We refer to the case of phillip McGuffick vs RBS 2009 in which it was held that none of these steps constituted enforcement for this purpose. Please note that the decision in Carey v HSBC 2009 makes it clear that an unfair relationship cannot be said to have arrisen between us as a result of the fact that we have not currently complied with s78. To the extent that you seek to allegethat an unfair relationship has arisen, such allegations will be opposed. In relation to your comments regarding s189 of the act. i would like to confirm that the origional creditor for your account as defined in s189 of the cca1974 was Egg With regards to your reference to s5(2), 6 and 7 of the consumer protection for unfair trading regs 2008, we do not accept that there is any basis to assert that we have not fully compiled with our obligations. This completesour obligations under s78 of the act. They also sent the reconstituted credit agreement, nothingsigned by me. Any help please? Thank you
  8. Sorry Im not techincally minded, I have a printer scanner so scanned the letter in as above that you cant read so tried converting on those sites and didnt work then copied into a word document but still not working. Could I perhaps just type the response in here as I dont know what else to try and dont have anyone to help mewith it?
  9. Oh dear Im having no luck here, keepscoming up access denied when I try the sites above??
  10. Hi, I hope I am posting this in the correct place, it is a follow on from a thread I started in debt and self help forum. I have had a response from barclays (ex egg CC) to my CCA request and not sure what to do now?? I have been in a DMP with pay plan since 2006 and have made significant progress in reducing the debt but there is still £3K outstanding and I have been made redundant so cannot afford to keep up the monthly payments but think i may be able to offer a settlement hence why I sent a cca request of to them. The account defaulted in 2006 and is no longer showing on my credit file. Thank you for any advice and I hope the attachments work
  11. The final default dropped of my credit file last month so I decided to sign up and see what the reports said. Experian on the day i signed up had a score of 0 but the following day and since then it has been around 960 Equifax has a poor score of 360 Finally Noddle show 560 All the information on all reports appears correct just huge differences in the score, any ideas why this would be the case??
  12. I have had the first rsponses to the CCa request I sent on the 20th this morning. I have had two letter from Link both saying: " They purchased the debt in 2007/2008 and as such they do not always hold the documentation and they have requested a copy of the agreement and most recent terms and conditions my account was operated under from MBNA and look forward to sending these to me in the near future, however please be aware that this can take up to 30 days to provide" The 14 days is not over until 3rd April but any advice please?
  13. Hi Thanks for the reply, There are no court orders or anything they have all always agreed to the dmp. I closed them all in April 2006 and started the dmp so the accounts were all taken out years before this but not sure when probably from 1990 onwards. I have very little info just the final statements before they defaulted. and a record of everything paid to pp since 2006 plus the breakdowns of who has been paid what since that date via pp I am sure there are charges on them and I know before they were defaulted there was a lot of interest and charges especially on the two HSBC bank accounts as they kept taking from one account minimum payments for the other, it was a right mess to be honest. i did SAR HSBC last year and got a box full of stuff but no statements. i have never sent a sar to any of the others and not sure if it would do any good as they are so old? I know there is no PPi on them as a company pay plan use looked in to this for me and although I was pretty sure there was no PPi it turned out to be just on the one flexi loan with HSBC.
  14. Hi,I have been reading a lot of info on this forum and wondered if I could get some advice on my situation? I have been in a DMP with pay plan since 2006, never missed a payment which I currently pay £300 per month and have significantly reduced my debts by 60% but still owe £20K. I have now been made redundant so this month have only paid £100 as I have only been paid for one week and will not receive my redundancy pay and notice pay until April. I really want to try and sort these debts once and for all as i do not know how long it will take me to find another job and cannot continue to pay the full amount with no income only my redundancy money to live of so I am thinking of ofering full and final settlements? This is what I have done so far: I have checked my experian credit report and none of the debts are showing, they all defaulted and fell of, the last one disappeared February. Interesting though yesterday when I ordered my report my score was 0!!! today I re checked and I had a score of 964, any ideas why from one extreme to the other?? I only had PPi on one flexi loan which I claimed back I have sent a CCA of yesterday to all, not sure what will come back. I am thinking this may help with negotiating a setlement The debts are as follows: Link financial 2 ex MBNA credit cards £9K CCa sent for both Barclays ex Egg £3K cca sent Robinson way and been round the houses but ex HSBC 2 bank accounts £800 approx and one credi card £2K cca sent for credit card Nat west/mint cc £2.5K cca sent Moorgate ex marks and spencer credit card £1K cca sent I informed pay plan and they are going to call me in April to discuss options bu at the moment the creditors will receive the lower payment and will not have been informed. I am not sure if I should write to them and inform them of the situation now or wait until I have received responses to the cca request. Also if I write to them now I need to send them an updated incone and expenditure list which will make no sense as my income has gone to zero and my expenditure is the same. Do I need to tell them what my redundancy package is?? Any info much appreciated and sorry for the long message!! Thank you
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