Hello, any help is very welcomed!! I know there may be threads about this already but this is my first post and I don't know how to find it. Next catalogue started court proceedings through Howard Cohen solicitors. I asked for my CCA agreement, and 32 days later they said that they are waiting for further instructions from Next. Now it is going to court on the 6th of July. I have to send in any documents about my case, and I don't know what to do. I am sending my cca request letter and their response. Howard and Cohen also sent me a letter saying that the debt is not claimed under the Consumer Credit Act 1974, and that I have no defence to the claim, and that I should withdraw my defence. Please help me. I have also written a letter saying that they still haven't sent my cca. Please please help!!!!!

Can anyone tell me the regulatory Act which regulated Moneylending before the CCA came into operation in '74 and point me to the Act itself? Thanks A1

hi guys I am new to cag and would appreciate for your help , I sent a CCA request to 1st credit two months ago and now I have received 15 pages of supposed cca with no signature ,can anyone advise what I need to do thank you very much.

Hi all, My first post so I hope I have done it correctly. I will try to keep this short. My wife and I have mainly credit card debts. In September 2006 we moved house (from where the debts originated) although in late July 2006 I wrote to the bank in question advising of our new address (copies of both my advice of this change dated 21 July 2006 and the banks confirmation that my request had been received is in hand dated 28th July 2006). The latter being the last time I know of having any correspondence with the original creditor. In the months prior to this last piece of correspondence, we had not made payment on any of our credit cards (or if we had, none were made after 28th July 2006) as we had run into financial hardship and I had been trying to resolve some kind of payment structure to pay off the debts but the bank said they could not help. Thus, when we moved, we didn't hear anything for 18 to 24 months. Then we recieved many letters from DCA's demanding payment. By now, I had found this the consumer action group site and due to the problems we had previously had with people being very unreasonable about realistic payment plans based on our new situation, we decided to challenge them with the CCA letter requests. Moving on to today, since all the DCA's contacted us, we have this week recieved our first two CCA's back, one for my wife dated 2 August 2012 and the other for me dated 16th August 2012. Thus, my question is, can I genuinely claim that these debts are now statute barred as 6 years has passed since our final correspondence i.e. the 28th July 2006 when the bank wrote back to us re our change of address and the 2dn August 2012 the date the DCA finally obtained a copy of the first of the two mentioned CCA's? Please note, since our change of address letter dated 21st August 2006 (and the banks reply 28th July 2006) we have recieved numerous debt chaser letters all of which we have denied any knowledge of such debt. Do these letters stop the debt for being statute barred? It is my understanding that until we acknowledge the debt again, which we pretty much have to now they have issued us with the CCA's, the Statute Barred time keeps on counting. Additionally, the first page of one of the CCA's is the one that contains the signature and relative agreement info but it is so small it cannot be read. Attched to the back of this is what they say the rest of the agreement but all these pages are large and easy to read. (second CCA is similar although I can read the first page but yet again it has a similar lot of pages attached). Is there anything I can do about this? i.e. question the value of if it is really a true copy? Thanks for taking time to read and any help will be most greatfully appreciated. Regards Mike

Hi I have now begun yet again to rectify my credit report. I have checked with Equifax and compared it to an old Experian report and I can see some accounts have dropped off but there are some defaults that I want to sort out. NatWest now with a DCA On Equifax it says it was defaulted in 11/2006 and Experian 01/2007 so I’m not sure which one is correct. Either way they are due to fall off in the next 6 months. I did set up a payment of £1 a week/month back in 2010 but it doesn’t show anything on Equifax, it was last updated in January of this year with no payment history from 2006 – 2012. Either way I guess the default will fall off soon? Halifax loan Which has 3 years left until it expires, I will offer 50% of the defaulted amount when I can afford to do so and settle the account. How do I go about doing this? Barclays and Barclaycard I have a copy of the so called CCA but it is just a very basic application form, I will see if I can make a very reduced payment based on this fact. I will send another CCA request. I would also like to know if it is possible to get the default removed if there is no agreement; do I contact the company or the CRA? Is there any legal route with regards to this?? Note: I just found this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?158822 I would appreciate any advice given, thanks.

Hi everyone, A few months a go I received a letter from Lowell regarding an old Barclays Loan which I defaulted on in 2006 and paid for a few years before having severe financial hardship and was unable to pay. They sold the debt on to a dca and I sent a CCA request which they could not resolve. That was a few years ago. Then a few months ago I received a new letter from lowell asking for payment. Again I sent the initial cca request and followed up with the 2nd letter. They have now come back to me and said that after liasing with Barclays Bank an effort to obtain the document they have been advised that they are no longer available due to the length of time sinse the account was opened. They say they are untertaking an investigation into the account which will remain on hold until an outcome is reached and during this time I will not receive any further correspondence. my question is what does this mean. Last time I requested a CCA the DCA just responded saying that the document could not be found and the debt had been passed back to Barclays. Why this time have they placed it on hold? Or will they just pass back in a few months? What do you think will be there next move? I'm pretty certain that no CCA will ever be found..will they take action without one? Any help would be appreciated. Thanks Mark

I have a debt with J D Williams and it has been passed to Lowell, then to Advantis. I sent a letter to Advantis with £1 requesting a copy of the CCA. I have now received a letter back from them stating that a catalogue account is not covered by the Consumer Credit Act 1974 and therefore a contract is not required to open the account. Is this correct? If not, how can I reply to their letter saying that they are wrong? Thanks in anticipation of assistance

Hi, OH has a debt with MCS, HSBC inhouse collectors. I sent a CCA about 6weeks ago and have recently received a letter from them stating sorry its taken so long blah blah but at this present point they cannot supply a CCA. He was paying monthly towards the debt, but has now stopped paying them and sent a follow up to the no CCA letter. My first question, should he have stopped paying them?? and second question should he now offer a F&F as we just want rid, its for about £1500. thanks

I had a credit card with Citi Cards for a few years, no great problem - low balances no great issues on payments etc. I was informed by Opus that they were taking over the account from Citi and all payments and contact had to be directed to them. My first payment was due in December 2010 and was a few days late because I had to set up the payment details with my bank however they did not make any charges for this 'late payment'. My second payment was due on the Bank Holiday Monday for New Years Day which was the 3rd January 2011, I made a 'Faster Payment' via my online banking on Sunday 2nd and I was advised that the payment had been received by Opus' bank, however my payment was not credited to my account until 4th January - a day late and of course they presented me with a £12 late fee. I contacted them shortly after receiving my next statement detailing the fees and spent close to 30 minutes on my mobile 'phone talking to several undesirables about this and they all refused to budge. My bank, Halifax,has confirmed to me in writing that the payment was made successfully. Ironically both Halifax and Opus are within the HBOS group! Subsequently, I have made all my minimum payments to them LESS the £12 fee and LESS the £12 below minimum payment fees they have given me every month since! I have put my case to the FOS and they have responded that OPUS is not required to refund the charges, with no explanation of their decision whatsoever. I plan to take this matter further, but how? How do I stand on this one guys?? Any advice is appreciated.

Hi On the 28th June 2012, I sent via recorded delivery a CCA request to RBS. I enclosed the £1.00 Postal Order but so far have recieved nothing back. The Royal Mail track/trace says it is "being progressed through our network for delivery". I know that bulk delievery does not get signed for induvidually but how do I prove it got deivered? Is it easier just to send another one hoping it get 'signed for' or would it be best to complete the Royal Mail lost/damaged/delayed claim for . ..I know from experience this will take about two month and will simply say the PO has been cashed - but not by who/where

Hello All, And thank you very much for the help and advice that you give so generously. I have been following that advice for six months now - 4 credit cards, 3 with MBNA and 1 with Cap One, all dating back to the early ninties. Six months ago I wrote using your template telling them that I could not keep up the payments. They both agreed to nominal monthly repayments and suspended interest. The accounts never went into arrears and I haven't had a missed or late payment in the past two decades. They have now told me that the suspension of interest and agreement to nominal payments has expired, that the accounts have now defaulted, and that they may sell on to a "vendor" (presume they mean DCA) in due course. My objective is simply to delay and, if possible, protect my credit status - I should be able to get back on my feet over the course of the rest of this year and at that time will probably make them a good offer to settle the accounts. I have told them this in writing and, as a gesture of confidence and goodwill, offerred to increase the nominal payments that I have been making. I am currently living off of overdraft and am scared that the bank could pull this at any time with minimal notice. I have taken cash out of the overdraft and placed it in a seperate account just in case this happens. Presumably, at some point the bank will do a credit check and find the defaults, prompting them to pull the overdraft. My question is, what is the optimum time to request the CCA? Should I do it now, or wait until the CC companies begin to get heavy or assign the debt to someone less obliging? Remember, I'm really just trying to buy time here. Many thanks in advance for any advice you can offer. Haldeman

Hi as a relative newcomer (having lurked for some time) we've taken the bull by the horns and ditched CCCS and started to sort our mess out ourselves - thanks to those who have already given advice. We did take one piece of advice and request a CCA from Cabot who are the fourth creditor on one particular debt (citicard then clarity then opus now cabot) They have written back to say "Cabot financial do not currently have this information on file. However, we have requested the relevant information under section 77 and/or 78 of the consumer credit act 1974 from the original lender. We anticipate we will be able to provide this information within 40 days. In the event we are unlikely to obtain this information within this time frame we will write to you accordingly. In the meantime we recommend that you maintain your monthly repayments of £xx.xx towards this account. For your ease of reference the outstanding balance is £xxxx.xx" My query is how to proceed - do we continue to pay the agreed amount as part of our DMP now self managed or do we ride it out hoping that it becomes unenforceable?? Any advice gratefully received

Hello, Looking for some advice, issued Lowlife a CCA request on 26/0/12, they failed to comply within the 12+2 days. Sent more correspondance with the S10 DPA telling them to stop processing my details etc. .. got reply back saying that as I have already paid the account they are under no obligation to supply me any CCA and that they are rejecting my S10 DPA as they have authority to search my file as they have 2 accounts in my name. Story is had account with Littlewoods, passed to Lowlife, paid it off in 6 payments, default on credit file owned by Lowlife. Other account is for Nationwide, said that I owed them money, put default on my account, passed the acc to Lowlife. I then queried account and ammount owed Nationwide said oops sorry and Nationwide removed default. I then CCA'd lowlife for the Littlewoods acc, was given wrong info by complaints adviser about length of time to comply with request. Have received letter saying that as I don't owe anything they don't have to do anything. Surely as they have received money from me they must supply within the correct time, as if they don't and cant supply then they obtained money illegally?? Any advice gratefully received

On the 21st August 2009, I ordered a Driving Instructor Course. The Course Agreement was between me and LVG Ltd trading as Red Instructor Training was signed 28/08/2009 in the sum of £3728.01. Clause 4c states that no refund is due if cancelled over 30 days from enrolment. (i.e. over 30 days from 28/08/2009) On the 24th August 2009, Barclays Partner Finance issued to me the Fixed Sum Loan Agreement. The Fixed Sum Loan Agreement between me and Barclays Partner Finance was signed by me 28/08/2009 in the sum of £3,728 plus £569.68 Interest @ 9.9% APR repayable £119.38pcm. On the 28th August 2009, LVG Ltd trading as Red Instructor Training issued Invoice numbered 24564803 in the sum of £3728.01. The Invoice clearly states that Remainder to be paid by Clydesdale. 4 months of repeated excuses by LVG as to why no course date has been set yet pass by, so i ring them expressing my intention to cancel the agreeement. On the 11th January 2010 LVG Ltd trading as Red Instructor Training wrote to me acknowledging receipt of my intention to withdraw from the Instructor College course training and confirming that I am not entitled to a refund and confirming that the option of returning to the course remained open indefinately. On the 16th February 2010 LVG Ltd trading as Red Instructor Training went into administration. On the 17th August 2010 Driving Results Ltd trading as Red Instructor Training wrote to me to confirm that they no longer provide the 2 weeks intensive Dring Instructor Training Course. On the 14th January 2011 Clydesdale Financial Services Ltd trading as Barclays Partner Finance wrote to me to advise that a specialised Debt Recovery Agency will be contacting you in respect of the above account. I now turn to the points that need to be looked into further. 1. Other than the verbal intention to withdraw, did you ever actually cancel the Course Agreement ? i.e. subject to the administration of LVG 2. There is an extricable link between the LVG Contract and BPF, LVG introduced you to the Lender of that there is no doubt. 3. I need to check what rights that brings with it under consumer credit legislation.

Hi all, Longtime no speak. I am after a little advice. The back ground is as follows:- My wife has two CCJ's going back to early 2008 for HSBC Loan & Credit Card accounts. The original defaults/last payments on these accounts go back to Jun 06 and Jan 07 consecutively. These payments were made after the accounts were transferred to the DCA CL Finance. Recently, these accounts have been chased by the DCA's Zinc Recoveries and Lowell Portfolio I Ltd. I sent a CCA request to both of these DCA's on 17/10/11 and neither have been able to produce any CCA's etc. I received a reply from Lowell Portfolio I on 11/11/11 saying that they had not received a CCA from HSBC and were therefore putting the account on hold. Since then I have received a "Notification of Oustanding Account" from UK Default Recovery for the same account. Zinc Recoveries continue to bombard the telephones with nuisance calls from 'Mr Allen'. On 21st March 2012 I escalated matters by sending "Account in Dispute" letters to all three DCA's still no CCA's have been forthcoming? However, Zinc recoveries are still actively pursuing her with threatening calls and letters. What is my next best course of action. Also, how do I determine if one of the accounts (last payment date Jun 06) is 'statute barred'? Can I get these debts written off as they are unenforceable and can I get the CCJ's removed from my wife's CRA report? Is it a case of waiting until Jan for both of the original debts to become "statute barred" or do the CCJ's mean that the period for this would extend to the date that these were imposed? Any advice would be most helpful.

Have received a letter from a DCA which admits they can not produce a CCA. They state that they can still pursue the debt but also admit they can not enforce through the courts. They also state that they can and will keep reporting it on my credit files. If I tell them in writing that I do not acknowledge the debt in any way whatsoevder and have no intention of paying anything, can I make them remove it from my CF? Many thanks. -- tibar

I'm sure we all know that some CCA requests, when answered, do contain the required information - a copy of an agreement, original and varied terms and conditions, notification of default date (where applicable) and amounts received by the OC and subsequently the DCA. I'd like to ask for clarification on a point though. Where a full breakdown of payments to an alleged account is provided, by date, amounts in/out and balance, and no payments are shown for a clear six year period (or more) and the debt hasn't been acknowledged, would this legally be acceptable as written proof of statute barred status? In other words, I'm presuming that the information provided is what the DCA or OC asserts to be a true and accurate statement of account and can be used as proof of SB status. So, if, when challenged, they claim that a payment has been made within the 6 years (5 in Scotland) it would presumably be acceptable to point to the information they provided as full and incontravertible proof. Thanks for any thoughts on this. It's not an urgent question, but I feel it may come up at some point soon for a friend I'm helping. Would be good to see how other CAG members view it. Thanks. H. x .

Hi, I requested a copy of my CCA to Barclays and I got a negative response. Not too sure what they meant. Can anyone help me with this. The letter is as follows: Dear XXX, REFERENCE: SECTION 78 OF THE CONSUMER CREDIT ACT 1974 We refer to your request for information under Section 78 of the Consumer Credit Act 1974 (the "Act") As no sum is, or will or may become payable under your credit agreement, Section 78(3)(a) of the Act provides that we are not obliged to provide you with the documents and information you seek. We can confirm that the cheque enclosed with your request has not been banked and has been destroyed. Please advise as to how I can attain this information. Thanks!!

Hi, First time poster. Ok, a few months ago my husband lost his job. We printed off a statement of means form and filled this out, we then sent the form along with an offer of payment (£5) to our creditors. Some were brilliant, some not so....Next was one of these. They demanded £30 per month. We sent another nice letter to them asking if they could reconsider our offer as several other creditors had accepted the same offer of £5, again Next basically told us to 'do one'. The phone calls then started. I requested a 'true copy' of my CCA on 30th April, they sent me a blank CCA, no letter in the envelope but a lovely 'with compliments' slip, they also cashed the £1 postal order against my balance. Since then the phone calls have got progressively worse. I sent another letter stating that they had not supplied me with a 'true copy' therefore the debt is now in dispute. Not had any letters back as yet but had a charming conversation with one of their representatives who basically told me that because I had ordered items and these had been delivered to my address then this constitues a binding agreement. I know Next are a nightmare to deal with as they seem not to think that the law applies to them. I have also told them to stop contacting me via the phone as I'm not getting 2 - 3 calls a day, they have said they do nothing in writing it's all verbal???!!!!! Can anyone help and point me in the right direction as to my next (no pun intended) course of action. Many thanks in advance

hi, i have a dca chasing me for a Lloyds business overdraft from 4 years ago, thay say thay are acting on behalf of Lloyds and i have sent the prove it letter and thay sent back some bank statements. what do i do now ? do i sar the bank or cca the dca the dca is rockwell by the way.

Hi all This is my first post in this forum even though I have spent many hours browsing through the very informative posts since getting into this PDL mess! A lot of the info has definitely been very calming and reassuring after receiving a lot of the standard bullying tactics that some of these companies employ!! Anyway.......to cut a ridiculously long story short, I have a few questions regarding a CCA request I made to Next Credit last week. Basically I have had 3 previous loans with this PDL (all paid off). After the initial loan it is possible to apply for the next loan by SMS. First you send a text containing the word LOAN followed by your surname. The next text you send is for the loan amount.....and that's it. From sending the first text to the money being in your account takes less than 5 minutes (that seems like a very short time to do all the neccesary credit and affordability checks to me). So since then I have missed the payment deadlines, had all the warning texts and emails from NC, been passed onto Northern Debt Recovery and now Marshall Hoares. I understand that all these companies are connected and their ridiculous charges are completely unjustifiable (Inital loan £400, now balance is at £1255). Back to the CCA request. I had a response from someone at NC in the form of an email containing a copy of the terms and conditions of the original agreement and a screenshot of the breakdown of charges on the account. The T&C's state a loan amount of £300 even though the loan was for £400. I also can't find any date on there except at the bottom which says 20/1/11 which is well over 12 months before I took this loan out! The bottom of the agreement also reads: "Having entered your email address twice during the application process and submitted your application, you confirmed that you have read and agree to the terms of this Agreement." (Oops, looks this this short story turned into a long one!) So here are my questions: 1. Having only sent 2 text messages, one containing my surname during the application process, does that count as a signature? I never "double signed" anything regarding to this agreement. 2. What do you make of the mistakes in the agreement (the loan amount being wrong and the date being from over 12 months in the past)? It seems silly to me to send a legally binding document peppered with mistakes 3. Does this satisfy a CCA request? I'm pretty sure it doesn't but I wanted to be sure before I ask for it again. 4. Apart from complaining to the relevant authorities what should my next move be? Ignore it? Make token payments? Any and all advice is greatly appreciated Cheers, Matt 2.

Hi all Bit of an odd one so I thought Id ask. My friend was getting calls from a company called Palladium who were recovering an unpaid overdraft/unsecured loan for about £17000 in total that had been with Barclays. He knew he owed monies to Barclays but not so much. I sent them a letter quoting the consumer act and an authority and they sent me back some stuff which had no relevance (no signed agreement, no relevant contract, just the terms and conditions of Barclays current accts!!). I brought it to their attention that they were in breach of the act, and that any more chasing of this debt would be classed as harassment. To my shock they replied and agreed to everything I said! They sent me a load of rubbish – apology for this- also they would close their interest in this. So what happens now? Debt is unsecured, over six years old (statute barred?). Will they sell it on? If they are part of Barclays will they give the debt back? As they are in total breach of CCA 1974 (and they have admitted this) does my friend have any future rights?

Hi folks Lowells have contacted me recently about a old la redout catalogue debt which I was positive IT was statute barred but they said otherwise so I requested a cca and the sent me a letter saying because it is an old account the original creditor has been unable to locate it and they were leaving it for now but may be back in touch if they find it!!, Then today They have sent me a letter saying they are not obliged to send me the original copy and they have sent me a copy of what mine would look like and saying I would have signed it at the time the credit agreement was taken out, It was completely blank??!! They are demanding I now pay the full amount!! I'm quite confused by it! Am I right in thinking they have to provide me with something with my actual signature on it!!

Hi, Would really appreciate some advice. I have a £5000 debt with Capital One which has been passed to Fredrickson International. I requested a CCA in January 2012. The reply I had back was that they were looking into it. In March 2012 I sent the template letter informing them that the account was in dispute as they had not replied to me. I had no further correspondence until last week when a letter arrived informing me that the debt was correct and that I had to pay it. Today I received a letter threatening legal action unless I paid the full debt within 7 days. Next steps?! Thanks.

I'm really in need of some help! I had a LV card from 2000 went into default about 2007. R/way managed to get a CCJ registered and secured against my property in 2008 by default that me and my wife own. (I didn’t know about CAG) I have not paid any to date. Last week I requested a copy of CCA to R/W. Today I got the cheque returned saying they don't have to comply with your request. Letter from HF Solicitors: ------------------------------------------------------ Re: R/W Limited We write regarding your recent correspondence received on the 2nd of May 2012, the contents of which we note. As your account is secured by way of a judgment and a final charging order gained on the 06th of November 2008, our client does not to comply with your request for a copy of the signed agreement. Please find enclosed the fee that you provided for the above request. We have held your account for 10days in order for you to forward in your payment proposal. Your sincerely, HR ------------------------------------------------------ Thanks.