Hi After reading various articles on this site (thanks everybody), i sent a cca request to debt recovery company they didn't send a cca agreement and after a couple of phone calls of them i explained i very politely i wouldn't talk to them via the phone until they provided it. This was approx 3 months ago and up until the last week i didn't hear anything off them. This last week ive had 2 letters the latest threatening me with Data being passed to our internal investigation department Your account will be approved by way of judgement/decree securred in a local court The debt will be transferred to a Debt Collection Agent who may call at your home Then inviting me to contact them. Few questions really, is this just a scare tactic? What do i do next? It was my understanding (limited) after reading various posts that without the cca theres not a lot this company can do Thanks for any help

Hello ladies and gentlemen, In 2008 I received a CCJ from the Open Univeristy (or OUSBA, acting as the person factoring payment) for the sum of £500, just out of interest I recently made the following request to OUSBA: The only two relevant pieces of paper they returned (on the 38th day) were: (My name isn't Mr Benn by the way....) Then: Then two sheets of T&C's (no area to sign etc...) I can upload these if requested. As I have specifically asked for a default notice and they have not supplied one (I do not remember receiving one either), looking online notices are always issued by OUSBA, not OU or their solicitors. Is this CCA valid, and what do I do about the lack of default notice? Regards, Andy

I am looking for a solicitor who specialise in credit consumer act and the ICO guidelines. Must have experience in application of default notices and credit reference agency. I would prefer someone in London, Watford or surrounding areas. Thanks madtergee16

Hi all !! I am about to send Barclaycard an SAR for a card they 'bought' from MSDW. It would appear they added PPI to the card after it fell into their hands. I have only recently picked this up as the PPI was provided by Axa, who also do my health insurance for teeth and glasses and they also made the mistake of paying a (cancelled) rolling payment to the RAC which put the card over it's limit. So as well as PPI there are going to be Over Limit fees to deal with aswell. Quick question, is £10 enough for the SAR as I want to see the/any CCA they may hold or is it worth adding the extra £1 to make sure. Really the £10 should be enough as I want everything they hold on me, but knowing how slippery Barclays are, I don't want any hold ups. ( I think I have just answered my own question!!) Thanks for taking the time to read this, Lex

Hi all, I have been reading the site for a while with interest, following a failed business investment 3 years ago, I have been in a poor financial state, and had the usual threatening letters/calls from a myriad of DCA's. I have ignored them up until now, and reading the advice on here from similar cases has helped lots! However, I have just receieved yesterday a letter with a computer generated statutory demand from Cap Quest, relating to a debt with Halifax bank for an unpaid overdraft. The SD signature is computer generated, and some details are missing, so I think it is a scare tactic. However, should I start the route of getting it set aside, as well as contacting Cap Quest by mail with a CCA request. Also, should I now contact Halifax with a SAR? A couple of points to note, the address from Cap Quest is incorrect (they missed part of my house name off, the postman obviously knows my name though so I have received it!) and the SD was sent by standard 1st class mail. The SD is dated 12th April, but I only received it yesterday (17th) does the 18/21 days start from date of issue or receipt? Any thoughts/advice would be much appreciated. g40_boy

Hi, I took a loan with (Un)Welcome Finance in 2006. In order to do their prelim checks (which they did after giving me the money) they called my referees and told them information that is data protected. I disputed the account and then agreed to payments of £20.00 per month until dispute resolved. Dispute never resolved. I then requested a copy of CCA. No CCA for over a year, so I stopped paying. I have heard nothing from these fools since I was forced to attend the shoddy offices in 2006 to sign the original paperwork. A man in their offices simply asked me to pay £20 per month until dispute settled. They then kept taking £20 per month until I cancelled the card. They have entered a default for the same loan twice in 2010. No letter to me to advise this was their intention. Now a DCA is chasing for payment. What should I do?

Hi, I'm looking for some advice. My boyfriend recently told me he had a few issues with money a few years ago when he was out of work and spent a lot og money of credit cards and loans. As we are saving to buy a house we want to sort out his debt and try clear some of his defaults.He has one big one which is now with Arrow global for £3900Another one for £2000 with Halifax loansA couple of others small ones for Lowell PortfolioAll debts are from 2008 and have not been paid since that time. Please can you let me know the best way to deal with these? I have read a lot of information about full and final settlements and am considering this as we have a bit of money saved. We just want to get these sorted so we can start fresh. I've also read a couple of threads about trying for CCA before offering a full and final. what does this mean and how would I do this? As we have 2 years left before the faults drop off, if we pay a full and final figure, will this 6 years start from the day we pay some money again?Any help would be greatThanks

Hello, i have been browsing through this forum and thought id ask for some advice. I have requested a CCA from HFC. The letter got sent off on the 2nd of February and according to the post office website it got delivered on the 6th. I sent it as signed for and with a £1 postal order. Keep in mind today is the 23rd. So my first question is, do i start counting the 12 days during which they need to reply as of the 3rd of February (the day when it got sent off is supposedly meant to be counted as zero), or from when they officially received the letter on the 6th? If i was to go by the 2nd of feb then its now been 15 days and i have yet to receive a reply. i have also been sent a letter by Moorcombe Debt Collectors dated the 10th of February, by which time HFC will have had the CCA request for 4 days. So my 2nd question is wether i need to respond to that letter or not? And if yes then what do i need to respond with? If i fail to receive any communication by HFC, then do i need to contact them with another CCA and what is the time period for doing so? Also, is there anything specific i need to do if these DCA letters keep piling up (i have only had one so far)? i do apologise if all these questions have been answered before, but i am grateful for any advice given Thank you, Kat.

I am up in court with clydesdale soon. I am taking them to task for failing to comply with section 7 of the DPA 1998. Anyway I have a daft but important question. If a person joins the bank at age 16 and the bank upgrades the account automatically at age 18 to an adult account allowing it to go overdrawn without having a meeting of the minds and subsequently the signing of a new credit agreement then is the account ligitimate. My understanding is that an account that allows you to go overdrawn is a credit facility and that someone under the age of 18 would not be able to sign up for it. Furthermore, upgrading of this account without a new agreement would be an agreement without meeting of the minds wouldnt it and therefore unenforceable? I cant get clarity around the CCA and current accounts. Whats the script with this. Does it or does it not apply to current accounts. I need this urgently because we are in court very soon. Cheers in advance. Martin

Hello, I'm a bit unclear about the whole thing around what it is to acknowledge or not acknowledge a debt. Say one [ahem] has been paying a monthly amount towards a credit card debt for years, does that by extension automatically mean acknowledgement of the debt? Likewise if someone requests repayment of charges and interest (for credit card debts), is that automatically seen as acknowledging the debt? I'm wondering what then happens when a CCA request is made and the creditor (or DCA) does not deliver a true copy of the agreement, and then the debtor the decides to discontinue monthly payments until a true copy of the CCA is received. Does the whole thing of acknowledging or not acknowledging a debt come into play here or not? Maybe different factors are involved with original creditors versus DCAs who have bought the debts? I suppose the question boils down to: What constitutes acknowledgement of a debt and what are the implications/consequences of that? Obviously I'm not very clear on this topic so any clarification would be welcome!

Hi everyone, this is quite a simple question: Apex have bought my old debt from Goldfish and have contacted me demanding payment. I have sent them a request for the original CCA. I then received a letter acknowledging my request from Caboot Financial, who are owned by Apex. Caboot however have given me a new reference number and they have a different address. They have also returned my £1 postal order. Should I send my letter to put my account in dispute to Apex or Caboot? It probably does not matter however I was thinking they do this for a reason... Your answers are much appreciated, Anthony

Hi all, Hope someone can help, HFO services have been chasing me for an account they suggest i owe money for since around 2007/8. I wroite to them asking for a copy of the agreement(s) to which they referred (CCA request). They failed to provide anything and all went quiet. Recently they have started writing again, usual 72 hour notice of legal action, followed by 48hrs notice follwed by another 72 hr notice and so on. As they are very much in default of my valid CCA request of Nov 2008 i wrote and told them so. They ignored this and continued to write, so i ignored them. I now see that they have registered a default against me for the money they say i owe but have provided no proof? A default was registered before, can they keep adding defaults? Can anyone advise the best approach, is it trading standards, financial ombudsman, or direct action? Any help would be appreciated, Cheers B

Hello I previously had a loan from 2001 with HSBC, this was passed to CL finance Ltd, but haven't heard from them in years, then I suddenly get a threatening letter from Howard Cohen & co solicitors, I sent of a CCA request but got back the following reply We refer to the above matter and in particular letter dated 3 August 2011. Please be advised that requests for copy credit agreements made under Section 78 of The Consumer Credit Act 1974 only apply to running-credit accounts, however, your Clients account is not a running credit account We trust this clarifies are postion. THIS MAKES NO SENSE TO ME, please can someone help me or let me know how I can respond? Any help is greatfully accepted.

Hi, Since losing my wel paid job I have had debt problems. Barclays have treated me fairly and in a business like fashion; for my overdraft with them they made an attractive offer for partial repayment in full settlement. Fortunately I was able to raise the cash. Although they did post the default to be credit file, they did list it as settled. Blair Oliver and Scott have been a different matter; they seem poorly managed and their letters leave a lot to be desired. I did get them to agree in principal to accepting a less amount (though not as good an offer as Barclays), but they would only agree to 'partial settlement' which would not look good on my credit record. I want my credit record to look good so that I can once again work in financial services, not because I want to borrow again. Does anyone know if Blair Oliver and Scott do sometimes agree to full and final settlement when receiving a lesser amount, and if so, under what conditions? I did think of sending them a CCA letter, so that if they don't have a proper CCA I can get their entry in my credit record removed? I discussed this with the Citizens Advice Service, but they say that CCAs are no longer required, and that a loan application form is now sufficient. Are they right?, I can find no evidence of that on the web. Thanks. Bramwell.

I have sent a CCA request to capital one early in april. They have recently sent a delaying letter asking for my signature. Has anoyone had any success with the CAG library letter stating that a signature isn't required. Also wondering if it is worth initialing it or writting my name in block capitals instead?

Hi I have started another thread going on this subject on the dealing with debt in Scotland. However these are my real legal issues to resolve. Thanks to advice I am starting this thread to seek clarification on my plan. I have 1 day left to file the small claims summons (return date is 12th May 2011, Hearing date 26/05/11) I have a small claims summons for 2.9k. It appears likely it is SAR as we have never had an account with the Original creditor and they have claimed 2 different creditors for the same amount, we have not ever paid them a penny. Apparently the agreement was signed in 2000. We dont know what they have though. We did ask them to send us details of the supposed account in writing once, a long-time ago, never received. We have ignored their pestering calls, even the ones to neighbours. I think the correct steps are : Send back Small Claims Page 7, fill in section 3 and state I intend to defend the claim Send SAR letter to DCA (Link F) and OC (see questions, dont know who original creditor is, says BOS on summons) Apply for extra time using CPR15.5 (How ?, see questions) Questions I have: I dont know who the original creditor really is as 1 letter says HBOS another say BOS etc. I have heard you can apply for extra time under CPR15.5, how do I do this We dont know what they have or not, is it possible to send the CCA letter at the same time Any help appreciated as I need to resolve these issues today really.

Hi Guys, I requested a CCA from Vanquis and i finally got a reply 18 days after (just after i sent the 30 day notice letter). The information they sent back did not look like the other CCA's i have recieved from other credit companys. It was just a fowarding letter with digital application details and a bunch of terms and conditions. Is this agreement enforcable? As nowhere on the information they sent is a signiture or even a tick the box signature! Although i have removed personal information half the application is blank anyway! If someone has the time to look through the attachments and let me know if this account is enforcable or not i would be extremely grateful. Any thoughts or comments welcome vanquis 2.pdf vanquis 3.pdf Vanquis 1.pdf

Hi, I'm trying to help my partner and would like some advice as this forum has helped me massively with a previous problem. My partner got in to debt quite sometime ago with Natwest Bank and fell behind on payments. Having moved a few times and not in the position to pay, contact was lost. About 3 years ago Capquest approached her and threated court action if she didn't make an payment, so she has been paying monthly ever since. My question is she didn't ask for a CCA from Capquest, so is it to late to get one from them, and what happens if they cant provide it? Thanks

Hi all, I received my CCA from capitalone today and am not sure what im supposed to be looking for as they have sent me an original agreement (which is signed) and a current agreement which is not? Any help would be much appreciated thanks I have attached the CCA that they sent me but i also have 6 pages of printed terms and conditions that they sent. I have another post explaining why i requested a CCA in the first place ( basically capitalone are refusing to put me on a long term repayment plan and refusing to freeze interest as im struggling with minimum payments, i am paying them £1 a month at the moment but they are still wacking on the interest!) Again any help would be much appreciated Thanks I think i have deleted all personal information but if i havent please let me know asap so i can amend. thanks scan0006.pdf scan0007.pdf scan0005.pdf scan0002.pdf scan0004(2).pdf

Hello everyone, this is a great site and I’ve learnt a lot from the forum posts. I am not very computer savvy so please forgive me if I am in the wrong section & advise me where I should be posting this. I have uploaded some of the letters which may help. I am hoping you may be able to give me some advice regarding my HBOS / Derby County (don’t laugh) credit card account which I opened in 1999. I will try to be as brief as I can. I got into trouble (messy divorce) and was left with over £20,000 debt and 2 beautiful little girls. Over the years most creditors have been pretty good and I have worked hard to clear my debts. I was paying £35 a month and owed £4060, I requested a CCA in November 2009 and received a letter in December 2009 enclosing a copy of my current T&Cs & a copy of my application form which has my signature although I actually dated it 1998 by mistake (I’m pretty certain this sheet was on its own when I signed up at Derby’s old baseball Ground Stadium as I remember doing it) The T&Cs are reconstituted ones on 4 separate sheets. I wasn’t too sure of my next move so paid my £35 a month until mid 2010 and decided to SAR BOS (recorded delivery) to see if they had more CCA info etc... After the SAR request, Reminder & LBA I heard nothing... Until end of September when I received a letter telling me they had refunded £193.56 which would come off my balance leaving £3,569 but they did not agree with my complaint. 21/01/2011 received letter from ICO who decided that it’s unlikely BOS have complied with the requirements of the DPA. They lied about trying to contact me (see attached scan) I hadn’t heard from BOS since September 2010 and then on 24 March 2011 I have received the usual credit card statement. I am hoping you good people can tell me if you thing the CCA is unenforceable and why you think they haven’t responded to my SAR request but just refunded a small amount of my balance. If it is unenforceable then great but what’s my next move? Reclaim the charges? To be honest I would be happy if they just removed the default account from the credit file as I defaulted in August 2008 so it will be on there for a few more years. Well thanks everyone for reading and please help me if you can. Mike

Hi all, brand new user here. I searched the forums and didn't seem to find anything relating to my question (or if I did, I just wanted a little clarification). I am well over 50% of my way through a contract hire agreement with Arval on an Audi A4. (approx 21 months into a 3 year contract). I am winding up my Sole Trader business and have come to realise that having this car is just going to kill me per month (£420) now that the business isn't paying for it. So my questions are: Do the CCA Sections 99 and 100 of the CCA 1974 apply to a sole trader who entered a contract hire agreement. If not, what's the best case scenario that I can possibly expect to happen if I can afford to terminate early and pay (I can't). Do they really take the car back, auction it and make you pay the difference if it doesn't reach book price? Thanks for reading if you got this far....

Hi All, I have 3 Statute Barred (1992 - 1996) accounts with SLC. I have been paying 1 of them off - [before I found CAG alas] - through a direct debit with Wescot Credit. I have now recieved CCA's for all 3 accounts, but I am concerned that Wecsot or SLC have extended my repayment period without my knowledge, to start repaying one or both of the other accounts, that I have not acknowledged. If this has happened, is it allowed? SAR request sent to SLC - awaiting reply. Any help or advice would be gratefully received cyclist

Dear Caggers, In August of 2010, I decided to send an SAR to Natwest regarding a Credit Card account. I went through the process with the help of the information on CAG forums. The result of my SAR was that Natwest admitted that they do not hold a copy of the Credit Agreement. They admitted this only after a fashion, I had to chase several departments as the Credit Card department told me it might be held with the branch etc. But the result was a letter in which they clearly state that neither Natwest Credit Cards nor the branches hold a copy of a Credit Agreement regarding my account. In the meantime, I have moved to Canada as I got a job here. I then sent them my request that the amounts paid by them and by me, as well as any charges they had taken, be calculated and the balance be paid to me, as the moneys had been paid under mistake. I also requested 8% interest on my payments from the dates I had made them. Natwest ignored several letters for 8 weeks and kept sending threatening letters, so I sent my complaint with copies of all document to the FOS. I also had to call them to ask them to stop collection activities since the account was under dispute - my complaint being with the FOS. I told them the alleged 'debt' was unenforceable according to CCA 1974 and that according to DPA they were not to process my data, much less hand it to third parties, without my consent, i.e. without an agreement. I haven't heard back from NatWest themselves since then. The FOS has now sent me the following reply: "my decision on your complaint about NatWest Following your recent correspondence on your complaint, I have carefully considered all the information that you and NatWest have provided - and I have come to the following conclusion: NatWest is not required to refund xxxxxx his credit card payments. ... adjucator's notes xxxxxx has queried the enforceability of the credit card debt as NatWest is unable to supply a copy of the credit card agreement. The issue of enforceability is for a court to decide, rather than the Financial Ombudsman Service, should NatWest seek to take further action. A lender who has not provided a copy of a credit agreement - or has provided a copy that may not meet the requirements of the Consumer Credit Act - can still report the account position to credit reference agencies, demand payment, issue a default notice, instruct debt collectors or bring legal proceedings. NatWest has provided xxxxxx's credit card statements. The statements support use of the credit card. It is reasonable for NatWest to ask xxxxxx to repay his borrowing." The letter also states: "how we decide complaints: - we are completely independent - and we make up our mind based on the facts of each individual case. When we have looked at a complaint and weighed up all the facts, we may decide either that the business you are complaining about acted wrongly and you have lost out as a result - or that it has done nothing wrong and it treated you fairly. - If you do not accept my conclusion, you can ask for a review. This can involve - at the last stage - a final decision by one of our ombudsmen. To ask for a review of your case, please use the card enclosed with this form." I am obviously disappointed with this decision. First of all, the decision says Natwest doesn't need to refund my credit card payments, when that isn't even what I asked for! What I asked for is for the payments made by myself and by the bank, as well as charges, be calculated against each other and I be paid the difference (plus 8% interest on my payments). That is a different proposition, is it not?!?! Secondly, according to existing legislation as I understand it, (a) NatWest is chasing me for an alleged 'debt' for which they do no hold an agreement - contrary to DPA. (b) As there is no agreement, I understand that the moneys paid by me and them are paid 'under mistake'. © I understand that I am therefore entitled to a refund of the balance, as well as 8% interest on my payments as I have been deprived of the use of this money. Apart from the FOS's non-answer to my complaint, these three points indicate to me that NatWest is acting wrongly when they keep chasing me for payment and when they do not calculate the moneys paid under mistake. That means that I am losing out as a result. Why does it not mean that to the FOS?! I don't know. Now, as I consider how to move forward with this, I would like to ask for the help of experienced people with the following questions: (1) Should I keep using the FOS, i.e. submit for a review? They have said that they don't deal with issues of enforceability. Is this true? If I were to ask for review, I would not be able to submit any new documents -- though I don't understand why Natwest's admission that they do not hold an agreement was not deemed sufficient by the FOS to support my complaint! I could perhaps state clearly which legislation NatWest is not adhering to by their actions. (And perhaps also that they took way longer than they should have with the SAR, and that they ignored my letters for months... though I don't know if that will help my case in the FOS's eyes much.) If this route is advisable, I would appreciate help with my letter asking for review. Is it true that the FOS doesn't consider questions of enforceability? Is the fact that their 'decision' doesn't even answer to the requirements I stated in my complaint - not refund of my payments, but calculation of moneys paid under mistake - sufficient to warrant them back-tracking? And, which specific legislation do I need to cite? (2) Should I not do anything, and hope that Natwest will eventually write off the alleged 'debt'? I don't like this option much, because I will probably be harassed by the debt agencies they deploy overseas, and because I would not be able to ask for calculation of moneys paid under mistake and 8% interest on my payments. (3) Should I take Natwest to court myself? For this option, I would need to know with near 100% certainty that I would win. I would also need to know how to do this while living in Canada. I do not intend to return to the UK. Therefore, this option may be complicated. If I'm certain to win it, though, I think I have the courage to do it...though it does seem very daunting. If this option is the most advisable one, I think I will need all the help I can get, e.g. on how to launch this with a court while living abroad. Thanks for taking the time to read this, I hope some people with more experience will be able to advise me.

I just want to be sure of this fact for my defence. Does a credit agreement need to have the address(es) of the debtor(s). if this answer is yes, what is the effect iof it does not. I have been referred to regulation 2(1) to check this, but I don't know 2(1) of what? Any help will be appreciated.

Hi guys, I am trying to sort out my finances, but am quite new to all this stuff. I have a question for you about CCA requests. Is it STILL true that if the lender cannot provide a copy of the original CCA, then the debt is unenforceable? I seem to recall seeing or hearing something about this no longer being true as of November or December of 2010, because of a court case. What I can find on the internet is mostly from 2008 and 2009. Any light you can shed on this would be most appreciated.