Hi there Not sure if this is the right section to post in but here goes. I've requested a copy of my CCA from lowells as they claim to have bought a previous debt of mine. they have sent a letter in response but, I am unable to post a link as I haven't made enough posts on this forum. It says: we are in receipt of your request for a copy of your credit agreement in accordance with section 78(1) of the consumer credit act 1974. We are requesting a copy of the agreement from the original lender with whom you originally entered into the agreement together with statements. Whilst we endevour to reply with the required information within the prescribed 12 day period under the consumer credit act you will appreciate this is dependent upon receipt of the information from the original creditor. We will advise you further if it will take longer than the prescribed period. When lowell purchases a debt from a client we issue a letter of assignment to the customer which fulfils our legal obligations under the law of property act 1925. This letter was sent to you on the 23rd April 2010 and we enclose a copy for your perusal and retention. We would not normally issue a specific deed of assignment unless the matter had progressed to court action. The copy of the letter that they claim to have previously sent was never received as, the address is my parents. Also the amount on it is the same then as it is now(surely they would have added costs over the course of 2 years??) The first letter I received from them was when I returned to the UK from living abroad. It contained a supposed letter from the original creditor on their headed paper but, as far as I can tell the letterhead is not an original and, it is marked page 1 of 2. Sorry if this is a long winded post but, could somebody out there let me know what the next course of action should be? I am in the process of requesting a copy of my credit file to see if they have added a default of their own as, the debt is nearly 6 years old. Thanks

Hi I'm new to the forums and would really appreciate any help as I don't know what to do. I'm having problems after sending a CCA to Jacamo and Reliable Collections, they sent back an unsigned CCA, so I sent a default notice then received this letter below: Dear XXXXXXXXXXX Re: Account Number XXXXXXXXXXX Thank you for your email. We have noted your assertion that you did not sign the credit agreement in respect of the above account. In the absence of any valid dispute over the conponents that make up the balance of your account we consider your assertion that you have no legal liabillity for payment to be based purely on the fact that you claim that the relivent credit aggreement has not been signed. You should be aware of the important changes implemented by the Consumer Credit Act 2006 in respect of credit agreements entered into after April 2007. As your credit account was opened after this date, even if we are unable to produce a signed agreement (which was not admitted) we have the right to apply to the court for an enforcement order. An order will be made under the provisions of section 127 of the Consumer Credit Act 1974 (as amended by the Consumer Credit Act 2006) unless the court finds that prejudice has been caused as a result of your alleged failure to sign the agreement. We do not consider that you have been prejudiced in any way by the alleged omission of your signature on your credit agreement, and we are confident that we would be successful in any application for an enforcement order in respect of the agreement. if you continue to deny any liability in respect of your debt and fail to make any further payments towards it we can apply to the court for an enforcement order in respect of the agreement and reserve our right to seek the costs and interest. In addition, our rights in relation to pursuing you for the cash balance of the goods are fully reserved. We would therefore advise that the outstanding arrears are currently £XXX and an immediate payment is required to bring the account up to date. If you are currently experiencing financial difficulties, there are options available, which may help your situation. Where appropriate we can consider reduced repayments and/or cancelling interest charges. We await your reply. Yours sincerely

Hi all, just a quick question. Advantis sent me a letter regarding an old debt (not staute barred) that came about when I was unwell and not in a place to make good choices re my finances. Any way, I requested a copy of the credit agreement which they failed to provide. I sent the follow up letter and now nothing. What does this mean? That the debt is uneforceable until they produce the cca or is it uneforceable period? And is there anything else or any other letter I should send. Your advice would be much appreciated. Thanks guys, sabby

Hi, I hope someone can give me some advice and I appreciate any help.... I had an old debt with the phone company Three, which I hadn't heard from in a few years until recently when the debt collection agency Fredrickson International, contacted me requesting payment. I admitted to one payment and set up a payment plan, but as soon as I'd done that I received another letter requesting a different amount, again on behalf of Three. This time I wanted to dispute the debt and so sent a letter with a £1 postal order requesting a CCA. They got back to me to say I must contact the original creditor for any documentation and that the debt has been put on hold for 14 days in the mean time. Is it right for them to say this? Do I contact Three for this information? Or should Fredrickson supply it, seen as they are the ones hounding me for the money. Surely, if they are asking for money they should be able to supply documentation? I'm not sure where to go from here...

Hi Hope some one can help me on this. I sent santandar a CCA request for a credit card. They've responded by saying that they do not hold a signed copy as it was an online application and have sent me terms and conditions. Can i send them the default notice now are they in default? Can they enforce this now as they have no signed agreement. Many many thanks in advance...LLew

If a credit account has been terminated by the creditor, is the creditor entitled to keep charging default interest as to S.86 (B) CCA 1974

hi, i have done some cca requests for dca's for catalogue debts, trying to get debts sorted out once and for all, one has sent back, well pass the 12 days though, t hey have sent me copies of the cca but are not signed, looks like they have literally filled it out recently with my name and address! but it says it doesnt have to be signed, is this correct? what do i do next please? many thanks

Hi all, a little advice please 1. Can a OC sell a cc account that is in dispute 2. Can a oc add charges and interest to an account in dispute 3 Can anyone confirm or otherwise that CCA1974 sec78(6) (b) was repealed in May 2008 Many thanks

Hi, I wonder if someone can take a look at this. I requested the CCA from the DCA, and they sent me a copy of the application form. However, there were no T&C's and the creditor hasn't signed in the box. Is this enforceable? Thanks

long story very short... ...Halifax cc taken out in april 2006. Can't now afford it. My credit file is shot so i'm not bothered re-defaults. I asked Robinson Way for a copy of the cca, they got a photocopy from lloyds, the prescribed terms are all there but it is unsigned in the box which requires the lender's signature and date. Can i contest this or should i just offer them a pound a month. The debt is £2500 and i'm currently self emploed, i earned £150 last month £300 this month. My house is charged upto the hilt, £55,000 to the bank £70,000 to a relative. It's worth £100,000. I have no assets. Any advice would be great. Cheers

Hello All, I have recently started "clearing up" all my financial arrangements and am slowly receiving my CCA and SAR requests that I had sent after reading the threads on here. I have received a CCA today from The Capital Bank after duly sending them my £1 fee. The response is clearly marked "No PPI", so I presume that they were able to "find" my agreement, I wonder if they would have if it did have PPI on there!!! The agreement is dated April 1999 and shows an "Administration Fee" of £55. I have long since paid the loan off but is this something that was legimately and legally charged?

Hi everyone, Can someone help with the CCA I received from cahoot, finally after requesting this back in Aug 2012, received Jan 2013! Page 1, looks fine with all the correct information. But could someone confirm everything is okay. Also notice on the bottom (office use only section) a date written '3 June 03' and on page 2, it has 22nd and 25th July!? Page 2, is where I have some issues with regards to my signature and date. I don't scan/photocopy enough to know what's what, but looks a little strange. Maybe nothing, but both have white space around them overlapping the line, hope I'm explaining enough to understand. Is that normal for a photocopy? ===== Also the agreement has the ppi checkbox ticked, am I still likely to get a refund? At the time I applied online, I was employed part time and self-employed (sole trader) with a small online business. Cannot remember the original reason given when applying but as it was a flexi loan, I did later on use for buying stock. So I'm unsure about answering some of the questions in the questionnaire. (online application, taken out in 2003) [ATTACH=CONFIG]40858[/ATTACH]

Hi, As you'll have seen from my SpeedCredit posts. I have sent out CCA Requests to all the PDL Companies. I received a reply from MEM Consumer Finance Ltd aka PayDayUK. I have attached the letter and agreement they have sent me (omitting my personal details) It is reassuring they haven't tried to "lift" my signature from the letter. I've heard of some PDL and DCA organisations being dishonest about signatures... So the siggy on the letter wasn't mine! Anyway. Could some of you excellent and knowledgeable people please give me some advice on this attached CCA. Regards, NukeShark

Hi Everyone I recently received a letter from a company called Advantis Credit Ltd claiming I owed a debt to Lowell who had purchased the debt from Redcats finance. I had no recollection of this debt however I know in my past I had ran up a large amount of debt with various companies. All my debts now however were statute barred as I know for sure there has been no CCJs, no contact and no payments in the last six years and my credit file is now clean and I am currently managing my debts well. Early in November I sent Advantis the statute barred letter confident that my debts were all statute barred. On November 22nd I received a letter from Advantis claiming that a payment of £15 had been made on the account on 30th October 2007. I know for a fact no such payment had been made by myself on that date or even in the last six years. On that same date I replied with a CCA request letter to them with the statutory fee and sent it by special delivery. The letter was received on the 23rd November 2012 the very next day and Advantis have responded to say they have received the letter and have passed it on to the original creditor. It is now the 10th January and I still have no response from the creditor in question. Please could someone advise me on what to do next as firstly they have not responded adequately in the statutory time period and they have made a false allegation that I made a payment of £15 to them in 2007. Help is much appreciated Pete

Hi all, in a nutshell we are up the creek without a paddle with money.. or lack of it... and would be really grateful if anyone can help us to help ourselves please. Background is-dont think it makes any difference to how we continue but is how we got here so will put you in the picture... ....hubby is a fulltime student in his 2nd year of a 3 yr degree, I was a self employed nail tech working fulltime (and some) up until july 2011 when I ceased trading to have our little boy who is almost 1. We now have 3 children-one in comp, one in juniors, plus baby Since July this year we have been living on student finance, child benefit and child tax credits (since my maternity allowance stopped). Had a few problems along the way with getting ANY other help we were entitled to including free school meals, housing benefit, healthy start vouchers. Still dont know the exact reason why they were keep saying we didnt qualify but suspect it was due to tax credits not updating their systems correctly for months until I rang every Tom Dick and Harry to get it sorted including CAB who confirmed we should be getting them but the 'authorities' concerned still wouldnt accept this??? with determination I got everything exept healthy start vouchers backdated including 600+ in housing benefit (which was calculated wrongly TWICE by South Tyneside Borough Council might I add..) Usual story, borrowing from Peter to pay Paul and the debts we were once managing to pay pretty well are now totally consuming us. These debts include 3 online catalogues, 3 credit cards, 2 payday loans, 1 store card, and an overpayment of wages by a previous employer due to them not crossing their T's and dotting their I's when hubby finished work but legally we have to repay back to South Tyneside Council I have been scanning through past threads and have had a good look at a DIY DMP which sounds good, but also read things such as requesting CCA's and something els about waiting then letting the debts default you. ...these parts have confused me a bit as there's so much to take in and I'm just not sure what we should be doing first, CCA, DMP, something else?? Obviously would love to save our credit file from being totally wrecked but dont know if thats possible.. .seems DMP or default stays on file for 6 years from DMP completion/date of default. We dont have ANY CCJ's and the only letter we have had was today as we missed one of the catalogue payments last statement. PDL is due for payment on 17th and then the other on 2nd Feb(I think). Have printed out a letter to give to bank so they stop all CPA from my bank and have just applied for another account should they mess me about. Can anyone please advise us which of the aforementioned steps we should take first if any????? Any more info please ask... Thanks so much guys

Quick query , sent cca request to Link , got a reply saying they don't always hold this documentation and have requested a copy of the agreement from MBNA and to be advised can take up to 30 days so can they bypass the 12+2 rule in this way? Also MBNA sent me a default notice in May then received another this month for same account also exact same letter , then another letter saying latest one sent out by mistake , have they done anything wrong here? Any advice appreciated , thanks.

Am I missing something? Where is the CCA letter template please? Linky would be great. Many thanks.

I have received a letter back from one the companies I put a CCA request to. They say they cant locate my account with the information I have provided. I have given my current address and my reference numbers. they are asking me to provide further information with regards to a change of name or previous addresses. Is this information I should be providing them with?

Good Morning All I have been dealing with a complaint with a Sainsburys loan (on a different thread) and I though it might be interesting to make a CCA request for my only other outstanding debt with Capital One. I received the relevant details through the post last week. It would be really appreciated if I could get other opinions. The first thing I noticed is that no statement of account was provided. Would I be correct in assuming that a statement should have been provided as part of the CCA request? Secondly, the "right to cancel" is very confusing. Looking at it now I would have no idea how and when to cancel the original agreement? Luckily, I have an outstanding PPI claim with Capital One which would clear the balance with a little left over. Thanks again for any advice that can be provided.

Good morning everyone. I have just received a large envelope from 1st. It contained a large bundle of photocopied statements which, apart from having no OC markings on it appear ok. However, there is no corresponding credit aggreement (signed, recon or not), no terms and conditions and no details with regards to interest rates. There are, inevitably, PPI charges and corresponding interest charges (charges I have not yet reclaimed). Do I send a letter asking for the T & C's and aggreement? Is this a sudfficient reply from the DCA? I do not wish to evade the debt, my main aim is to be armed with enough knowledge so as to have my very small payment accepted and that the DCA does not progress the litigation issue (bankruptcy etc). I would be extemely grateful for any help and guidance. Thanks in advance

Hello again, I haven't been on here for a while. I have various ongoing credit and loan debts which I haven't paid since 2009. None of them produced a valid cca. Barclaycard is the main one ( 5.5k) and today ,after months of nothing, I have received a claim form . Over the last 3 years I have asked countless times to see the cca but they always just send t&c's and a poorly copied application form from over 10 years ago. I also sent (january and april 2012) letters asking whether they 'do or do not hold an original signed credit agreement pertaining to myslef'. They ignored this twice and on the third attempt sent me copies of statements. Its not as if I haven't tried! I have responded to every letter sent to me . I know I have to respond in some way to the papers. I can simply acknowledge to buy extra time or just do a defence but I would not know where to start. This is my first court proceedings and its pretty scary stuff. Can anyone tell me if I should do this or just give in ?

Hi Took 1st credit 16mths to produce 2 sets of T & C for a CCa request no sigs..Today get a letter from connaught say they will pay 60% of the debt and OH pay 40%..me thinks they have no Executed CCa lol..they even said we can only offer this deal for one mth ..take up the oppitunity now lol:)

Hello, I've received series of letters from a DCA demanding payment for what I think is an old overdraft with a UK bank. The latest letter states that if I do not take any action the account will be sent to a External Debt Collection Agent. Furthermore, they may commence legal proceedings which may result in additional costs being charged to the debt. I definitely had an account with the bank concerned, last used in early 2008 (I think). However, I don't remember any outstanding balance and cannot confirm whether the bank account that the DCA has quoted is accurate. I've moved countries several times since 2008 and have not kept any records. I don't know how the DCA tracked me down as I didn't supply the previous address related to this account when opening my most recent account in 2010 (as I was not actually living at the previous address - it was a transit stop between shifting countries - see below). Having reviewed the content of this site, I'm confused as to whether I should send: - a 'prove it' letter or - a CCA request Also, I have no problem paying off the debt if it is genuinely owed (it's under £1,000 and I have the cash available if required). I'm concerned, however, that my current credit rating will be impacted by actually paying the DCA the outstanding balance. i.e. details of a default will appear on my credit rating out of nowhere. This may sound counter-intuitive but there is no record of the original debt connected to my current Experian rating as I never supplied previous addresses when applying for the most recent account (I was only transiting through at the time the debt supposedly defaulted; the original bank account to which the supposed debt relates was opened many years ago when I was previously living in the UK; I didn't put details of the previous address as I didn't think it was relevant to the latest bank account application). If anyone could confirm that all the DCA is interested in is getting the cash in (i.e. they won't bother to mess with my credit rating) then I would appreciate it. Also, I thought that a DCA cannot add charges to the original balance outstanding? So threatening to do so is unlawful. Thanks in advance and thanks for a great website.

Hi I have sent recorded delivery to Cabot a cca request. It has been delivered and they have cashed the cheque. It has been 20 days since sending it in and I havent even had a letter from them saying they are looking into this ar any response at all. What do you guys suggest do I just send send them aa account in dispute letter.. Thanks for looking Also sent one to Scotcall who have done exactly the same thing!!!!

Hi Today i received a letter from a DCA called C.A.R.S (Creditlink Account Recovery Solutions), they state that they will be attempting to visit me at home within the next week to 'Establish Reasons For Non-Payment' to an old Monument Credit Card (balance of £620.21) which must date back to at least 4 years ago. I have responded by sending them a letter back requesting all communication to be made via letter and no doorstep callers and will immediately follow up with a CCA request. However i've just looked at my Credit Report which lists everything but for some reason this debt is nowhere to be seen on it, what does this mean and is it to my advantage ? many thanks