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  1. Hi.. Sent a SAR request last week to Lowell for a Vanquis CC debt and Halifax loan . Got a letter back today to say they have received and sending all paperwork from when they purchased the debts but if I require anything before that i need to SAR the OC. Surely as the supposed owner of the debt they should contact the OC or have all original paperwork such as statements etc sent to them once purchased ..or do I indeed have to contact OC ? Wanted to check before I send a curt reply letter back to Lowell
  2. I recently started a PPI reclaim on a loan I knew I had from Barclays. I have always banked with Barclays and still do. I took the loan in 1999 for £5000 over 60 months. Initially Barclays could find no evidence of this despite the repayments coming from the account I still have. I found my original certificate of PPI which included all the details including loan agreement number and photocopied this and sent it in. I'm now at the stage where they're requesting further information after reopening my case. My questions are: how can I prove I did not need PPI? My employer at the time did provide sickness pay but I haven't kept my old staff handbook or old statements to prove this. I didn't have any medical conditions and I don't think I'll have taken a day off work for the entire duration of the loan to ever need the sickness policy. So I'm stuck with progressing at the mo. Can I add I was 23 at the time and still living with my parents had no priority bills as such other than this loan. I also didn't have many savings either as a wayward 23 year old. But the further information request is asking how could I have paid for the loan if I'd suddenly become unemployed? Would my lack of savings at the time be worth not pursuing the PPI reclaim for?
  3. Barclaycard response below: I will only post the important bits We refer to your request for documentation under Section 78 of CCA 1974, we need to advise you that , regrettably, we are currently unable to fulfill your request. As such, we are not currently able to enforce our agreement with you and the agreement will remain unenforceable until such time as we are able to fulfill your request. what this means for you whilst discussions continue, we know that we're not able to enforce our agreement with you, but our rights continue to exist under the agreement. your balance is £3,731 and you will need to continue payments, blah blah blah. it is important to note that, where debt has accrued on your account, we will, where required, report to credit ref agencies, demand payment blah blah blah. they acknowledge delay in responding and accept that they are therefore prevented from enforcing our agreement they di however very kindly enclose a copy of short form cancellation and historic terms and conditions - why would I want those, lol next action - IGNORE and see this as a winner ??
  4. I have response from Cabot to my CCA request. This is for Barclays loan (36K) which they bought in 2010. they do not have information on file and have requested said documents from original lender. they acknowledge the 12 day time limit but state they hope to comply with my request in 40 days, if the unlikely event that cannot obtain the information after 40 days, they will write again. original loan was 42K - do i sit tight and see if they produce documents or go for a silly F&F to clear up the matter on the basis they may take something now, in the event they do find the documents it may cost me a lot more in the long run ?
  5. I send CCA to all my debtors, I have reply from Westcot advising that they are not the creditor but collecting on behalf of Cabot and that i need to either resend to them with postal order made payable to Cabot for forwarding or send direct to Cabot. 2 questions 1. shall I send direct to Cabot or go via Westcot 2. I read on other persons post a reply that said Cabot do NOT collect enforceable debt, I would really appreciate confirmation of this, as Cabot are collecting the largest debt i have, Barclays Loan, still awaiting a response to CCA for this one, although Cabot already replied to another debt advising they will no longer pursue chasing payment. thanks
  6. Further to a cca request to Lowell, see my other post (do not know how to link posts) I have received the following: Dear Mr ******* your request for further information we refer to your recent request for further information regarding this account further to our letter dated 20th October 2017, please fine enclosed your returned fee of £1 in regards to your request for information under the consumer credit act 1974. at top of letter - its shows OC which was M&S store card it quotes the original account number and Lowell reference number and a BALANCE of £0 (was around 3K) I have no other letter, so not sure what they are referring to when they say 'further to our letter dated 20th Oct" It looks like a winner to me but shall i contact to see if there is another letter that i have not received, am thinking they may have sold it and that is why they show 0 balance thanks
  7. Hi. My father in law was shopping last Wednesday in Manchester City Centre and visited a book store. He was with his wife. They are both in their late 70's. During the visit, then went down 3 flights of stairs in store to the book section, but after the 3 flights of stairs, there were 2 steps that you couldn't see. My FIL fell and as he was going down, he tried to grab a stand and cut his hand open. He also smashed his face into the floor and was bleeding heavily from his nose. Staff came to help and my MIL was furious about no signs for the 2 small steps, and the staff were saying 'yeah, I know, we should have a sign'. They weren't bothered in the slightest. My MIL asked for a first aider. The store never had one! They called security who didn't really know what to do. They were trying to stop the bleeding from his hand and face with toilet roll. Then someone produced a small first aid bag and the security were arguing about what they could and couldn't apply to his injuries. The staff wrote the incident down in the accident book. They gave him a bottle of water then sent him on his way! They never once offered to call an ambulance! He left the store with his wife and both were in shock. My MIL said she was shaking like a leaf and didn't know what was going on. So he left the store with his face covered in blood, and his hand bleeding and got a bus home! He never went to hospital as he is 'old school' and everything will be okay. They never told me about this until last night. I am livid that the store let him leave like this and there was no first aider to help. I asked about photographs and they said they think someone took one of the steps but not sure. They don't have camera phones. I asked to see my FIL's hand but my MIL had just put fresh bandages on. She said she thinks it needs stitches as the cut is wide open, but he won't go to the hospital. So what can we do about this? I am disgusted in how he was treated and fobbed off. I was wondering if I could go to the store today and see the accident book. Also I'd like to take a few photos myself of the area and see if there are any warnings in place yet. I'd also like to see where CCTV is situated in store and how I can get a copy. Please advise if possible, I'm so angry right now how he was treated! Thanks
  8. I find myself in murky waters like many others claimming this new benefit. Having worked most of my life, and cared for family member, then returning to work following the loss of family member, my GP signed me off work and to cut long story short, I resigned from my job due to employers pressure. I was only on probationary period so cannot claim unfair dismissal. I investiagted my entitlement to benefits and was directed to claim ESA which I did. 3 weeks later receiving a letter rejecting my claim, not returning my 'fit notes' and advised to claim UC. I immediately claimed UC and attended first security appointment. I was handed my 16 digit security number (which I feel breaches data protection having it printed, but wouldn't remember it anyway) and requested my claim be back dated to 2nd September due to the above. As UC is all dealt with online, via the journal process I have found this process confusing and frustrating as I am unable to speak with someone initially to find out what benefits I could claim. The 0845 numbers in my area charge additional fees when calling from mobile phone, fees which my provider advise are not charged by them, but are charged by DWP. The rejection to back dating my claim will obviously cause severe hardship and arrears with rent /council tax. I am genuinely looking to return to work and have been applying for many jobs which I am more than capable of doing, without success but in the meantime I am totally stressed about my current situation and do not know how I am too proceed, not having been in the position before of having to claim JSA/ESA etc. I'm not wishing to sound derogatory but I have never lived off benefits and find myself in unknown territory, but extremely scared of the prospects ahead. I have done some research about benefits and it mentions 'Mandatory reconsideration', prior to appealing their decision but I have no idea how to go about doing this, as it appears the wording of the rejection letter (via UC Journal) seems to be coming across as saying 'ignorance is no excuse'............................ I have a meeting with my workcoach at the local jobcentre this afternoon and would like any information you can help me with to go armed with to get this MR moving along please. I have requested an interim payment but the UC Journal advises that I call them to apply for this! If they will take phone calls for interim payments then why can I not talk to anyone regarding UC on the phone about benefit matters? This is so confusing and frustrating but surely they can't reject a request for back dating of claim when all their rules are so complex? Or can they? I will be homeless by Christmas if they don't agree to back date this :-x:-x:-x Any help or guidance would be very much appreciated.
  9. Hi, My partner has been paying off a nominal monthly amount to Link Financial since the card debt was sold to them by MBNA. Sent Link a CCA in June but have had no reply. Sent a SARN request to MBNA and had a reply with only the attached request form copy and a second page with the terms and conditions. From reading other posts I think that this is invalid and therefore unenforceable. Would one of you more experienced people be good enough to have a look at give me your opinion. It seems to refer to paragraphs that don't exist and there is no lending limit or interest rate shown. We have since (last week) written to Link re their failure to supply a valid CCA and await their response! What is our next move please? L CCA Request Load.pdf
  10. The Parking Prankster has posted a very interesting and helpful case where the Judge stated that the Witness statement included facts that were were "tantamount to perjury"-strong stuff. http://parking-prankster.blogspot.co.uk/2017/09/ In the Blogspot summary the PP points out that PE and others quite regularly send out Witness Statements that are a tissue of lies and can get away with it because they have no intention of having the witness appear in Court . So there is no comeback on those parking companies or their tame legal advisers who mislead the Court. The PP thinks this is wrong and urges all defendants to call for the Parking Company's witnesses to attend Court thus putting an end to one of their disgraceful practices. Obviously any current members who are having problems with PE should fire off a letter to them stating the above case and advising them that if they issue Court proceedings against them, not only will their witness be called to give evidence, the reason why that is being demanded will be included so that the Judge will be forewarned of the type of company they are dealing with. One imagines that PE will decide that it may be wiser to find some other motorist to take to Court.
  11. Hi I have recently sent a CCA request to Capital One for a credit card. I have been paying until recently on a DMP via Payplan. I have stopped making these payments and have recently received the documentation back from Cap One stating that the agreement that they have is enforceable. I have scanned what they have sent, the copies are not great but the originals are legible. I would appreciate any assistance in establishing whether it is enforceable and if so what are my options. Thanks CAP1 CCA Retiurn.pdf
  12. Santander have rejected my PPI claim (store card) from 17 years ago on the grounds they believe it was sold in a proper manner (over the phone - which it wasnt - as I signed-up in-store with an agreement the assistant ticked for PPI) and was offered as optional and appropriate for me etc etc - which I absolutely disagree with. I have issued a SAR - but already do have copies of Agreement and statements etc. Unsure of whats best as next move - do I escalate issue with FOS (that I'm not hearing good reports about!) or small claims action? The amount of money involved is probably fairly small (circa £200 in PPI premiums?) Any thoughts appreciated!
  13. meepatme

    mbna cca request

    Well into first first few weeks of not paying my 4 lenders. Couple of sent dd forms bin. MBNA phones me and asked me to ring them deleted. Awaiting for official letter in response to my hardship letter no payment till December for a DMP to kick in. all debts are newer then 2007 except the MBNA as suggested I will wait the others to go to DCA before using any other CCA requests. using the template for MBNA is the address the one to use for sending this letter off to. The MBNA account was open 2006 and ive also read that most MBNA accounts pre 2007 are pretty much unenforceable. I owse 42k, MBNA is 6k. Be a small win in a big pool but a starts a start eh. Customer Advocates Office MBNA Limited Chester Business Park Wrexham Road Chester CH4 9FB Thanks Russ
  14. Created a new thread for all correspondence I receive from Capquest and any questions relating to it that I can't find answers for. I hope this is OK. I sent Capquest a CCA request on 20th July via recorded delivery. They received it on 21st July. My understanding is they then have 12 working days to provide the CCA (+2 two days for delivery). with that in mind, unless they provide that CCA the account would be in dispute on 10th Aug, yes or no? I received a letter Friday 4th Aug dated 3rd Aug saying they have forwarded my request to Vanquis and will send it to me as soon as they have it. I also received a letter today, dated 4th Aug saying I've recently raised a query on my account, and they've placed my account on hold for 28 days and have contacted Vanquis for further information. If they haven't had a response by 31 Aug they'll write to me again with an update. at what point is the matter in dispute/default/unenforceable? Does it matter that they write and say they're still looking for it? Or do they literally have 12+2 days to provide me the CCA and if they don't (regardless of them writing to say they are still waiting for Vanquis) the account is in dispute/default/unenforceable? Many thanks.
  15. HI I had my house repossessed in March 2011 and have lost all the documents from the mortgage company and court with the details on and urgently need these so I can go on my local councils housing register. The annoying thing the homeless prevention team at the same council were given copies of this at the time so they could help me and my family in getting a new home but the part that deals with putting you on the housing register says they can't speak to that department to get these details, they need to see the documents for themselves (just being bloody awkward if you ask me!) Would I be able to obtain these from the court or the land registry or do I need to get in touch with my old lender (Northern Rock?) Thanks
  16. Dear All First of all, thank God for Forums like this and people who care enought to devote precious time to assist others in debt. A Debt collection firm, issued a claim, the progress of which was halted by a CCA request. It has finally come back, after a year following request, with what appears to be a copy of a signed agreement and t&cs and statement of account. Amount seeking is over £3,150. Can't claim time barred, owing to previous payments. They say they can proceed to seeking judgment unless payment arrangement is set up. They trade under three very very similar names. The claim was issued under a name the authorisation of which by the Regulator has now lapsed. Should I give in and set up arrangement? Can I apply to dismiss their claim? Should I request copy & details of assignment or ownership of the debt? Can they come back and reissue a claim under one of their authorised names? Please tell me what option I have. Very grateful
  17. New here, been reading some posts, but so much info, getting confused.. Well over 10 years ago, had 3 Credit Cards, 2 were with Barclaycard directly, another via another company, but at some point Barclaycard took that card over also... In the last 5 years at least have had a payment plan with Barclaycard with all 3 accounts, as I could no longer afford the monthly amounts along with interest, in Dec 2016 Barclaycard passed 2 of the accounts over to Link Financial, paying one at £50.00 a month the other at £100.00 which is what I was paying Barclaycard In June this year Barclaycard passed the last one to a Hoist Portfolio Holding Limited, who in turn immediately passed it to Moorcroft Debt Recovery Limited I own £1866.75, was paying this at £53.00 every month to Barclaycard, they now sending Letters asking for payment/flexible approach etc What upsets me about all this, I've never missed a payment with Barclaycard, may be a date but doubled it with the next one, my bank account goes from Black one week to Red the next.. So have no spare cash to play around with, Barclaycard was getting their money back, just not quickly. Now have payment details with Moorcroft via account details, web page etc, not yet contacted them, but don't what to fall behind with them just to incur interest etc, so making the amount owed even more & will then take me even longer to pay off.. Can anyone please help me, not sure what to do...
  18. Hello Today I needed to cancel order on floor panels that had value of around £2000 there was nothing wrong with them, well beside the fact I found similar quality panels for half of the price so it was obvious I would need to cancel my order with Carpetright as I'm not made of money just like most of the population. I went to the store with my order confirmation where I paid for the panels with cash(the panels were supposed to be delivered next week) I told the manager of the store I wish to cancel my order and that's where all of it starts. I've been told that I can cancel but I will be charged 20-25% of the order value which added to over £400 just for the cancellation and the explanation for this was the panels were ordered specially for me(Special Order) and the store wont be able to sell them now. I was rather unsatisfied with the fact and said this is too much which was countered with the response that even offering 25% charge is a sign of good will as the store has right to refuse cancellation. I would like to add that they failed to show me any term and conditions that stated charge of 25% but only a short snippet from a leaflet that says I can only amend order within 24 hours. After few minutes of arguments and call to regional manager by the shop manager they offered me a check for £1800 which I accepted as I felt I had no options left.( it will be sent by post within 7 days) My question is was actions of the store justifiable? Did they have the right to charge that much? Is there anything else I can do? Do I have right to a full refund? I can understand paying for handling but the price they came up with was ludicrous.
  19. Hi there, does anyone know if the DWP can refuse to allow you to audio record meetings with a work coach at a Job Centre Plus? I have contacted my local Job Centre Plus office to ask for permission to audio record all future appointments but they have refused . Is there anything i can do about this?
  20. Hello everyone, I have applied for current accounts with Natwest and RBS which have both been denied (even though I was originally accepted) I want to know why they have refused me as my credit file is in good condition, no defaults etc so do I need to send an SAR? if so, is there a specific template? Any help or advice would be appreciated.
  21. Hi All, To provide a bit of a backstory: the company where I work has made no significant pay awards (beyond inflation) for around 8 years and for the last two years nothing whatsoever (not even inflation). After a bit of calculation my wages are now below what they were in 2008 when adjusted for inflation despite now performing a significantly more senior role. I have found something which could be performed one day a week which could significantly supplement my income and to this end put in a request to cut my working week to 4 days (not working for the company on a Friday i.e. doing my own thing). To be clear I have offered significant mitigation: pro-rata reduction in holiday, being available on the phone on a Friday where possible, possibility of coming in to the company on a Friday if they're desperate and fits in with me and the option for either party to cancel the agreement after 3 months trial period. Needless to say this request has been refused. The letter contains the statement "You requested a reduction to your working hours without an corresponding reduction in your salary" As I understand it this is not a statutory or material consideration. The letter then goes on to state that they have "considered my flexible working request against each of the statutory grounds....... The reason for this refusal is that to grant the request would impose an unreasonable burden of additional costs for the business. We consider your position to be full time and we would have to cover your absence with additional resource at extra cost to the company". When my manager presented me the letter I put it to him that the reality is they would never cover my absence on the Friday with someone else as there is (a) no one else in the company who can do my job (b) the business would not employ an outside contractor for one day per week. My manager basically agreed with me and said "you're probably right" My question is (a) have the company provided evidence to reject under the statutory reason of burden of additional costs, (b) Does the statement "You requested a reduction to your working hours without an corresponding reduction in your salary" hold any validity or rather does it invalidate their reasonaing as it could be construed that they would have accepted has I offered a salary reduction. Thanks in advance. PS. For clarity I am a man and the request had nothing to do with looking after children
  22. We have had numerous issues with a caravan purchased from a dealership in less than a year we have had approximately 44 issues with the caravan with several issues being serious. Four of the issues resulted in the front and rear panels being repaired and then replaced. The advice I got from a lawyer was as follows; Although I appreciate you approached XXX Caravans to supply you the caravan, as you took out a hire purchase agreement with Black Horse, they are the retailer of the caravan. T herefore any rights you have under consumer law are to be exercised against Black Horse and not XXX Caravans. Under the Consumer Rights Act 2015 Black Horse have an obligation to ensure the goods supplied to you under a contract are of satisfactory quality. This means they should be fit for their purpose, free from minor defects, safe and durable. For the problems you have described in your email it would appear this is not the case, as a result Black Horse are in breach of the contract between you. I have always been under the impression that the supplier is the retailer and that the contract is between the consumer and the supplier and if there are any issues I need to approach the supplier and not the finance company although the finance company do have a responsibility. As we have had so many issues with this caravan which appears to be a Friday afternoon lemon made from left over pieces of other rejected caravans, we are considering rejecting the caravan even though we have had it since July 2016. The £1000 deposit was paid using a credit card with the balance financed by a trade in and HP. The caravan cost in excess of £30000. We have had approximately 100 days usage from the caravan. The question is whether the advice from the lawyer is correct or not? Thanks.
  23. I have finally heard back from CapQuest regarding the CCA Request issued in January, they have provided a signed copy of the CCA together with a statement of account from prior to taking over, which causes some questions, primarily the balance has not reduced from the time I went on to the DMP. They have also failed to send any further documentation (such as a deed of assignment) which I requesting in my letter. Please would someone advise what my next steps should be? I am able to post a copy of the CCA & statement on here if that will help?
  24. i sent a cca request to the halifax i have a personal loan with them which was taken out online in december 2011 i have some concerns what they have sent me tbh on the front of the "agreement" it states "BANK COPY" there is an incorrect address on the agreement, i know the interest is incorrect but most importantly of all the agreement has not be signed by hand or has not been ticked electronikally in fact there is no signature box at all the default for this is due to come off credit file next year i've not made a payment since july 2015 i have sent the bank a detailed income and expenditure and asking to write the debt off on hardship grounds, the bank has not replied they are aware i am a vulnerable household due to various medical problems, so i can't work to pay back the monies owed any advice please?
  25. I've just sent off (with the £10 postal order) a Formal DSAR request to 1st Crud. All info required to be supplied, including a signature was provided in my formal and detailed letter. I've just received one of their 'please fill out this 5 page form' before we are obliged to do anything, however I'm not happy with what they are requesting I provide. There is no way I am ever going to provide them a copy of my driving licence, or bank statements and I'm back on here for some advice. I've been completing DSAR requests for approx 10 years, and apart from (almost) starting legal action with BC whilst some have been a struggle to get all info from and in a timely manner most have been compliant and not made me jump through too many hoops. (Oh apart from the DWP completely ignoring me for over 2 months! Still ongoing - but I class them in a different category to the CC companies and DCAs etc). Have the rules changed? I am now legally obliged to provide any of the following on the attached picture? Considering I've lived at the same address for over 10 years, and they've contacted me for 3-4 different companies at this same address, and threatened legal action to me at the same address, and supplied alleged CCA agreements, I would think that they should be fairly confident of my identity? Can I take this route, or will they likely play up and delay provision even though I don't (I think) have to legally provide the documents they have requested I send? Thanks ME_TOO
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