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  1. CCA reply from Barclaycard re my old Egg card today - they admit they are 'prevented from enforcing . . . while this state of affairs continues' - because they are unable to provide a copy of the terms of the credit agreement as varied in accordance with section 82 (1). They kindly inform me that they will take any action short of enforcement, which includes instructing a 'third party to demand payment or otherwise seek to procure payment'. I'll expect some letters then. if Barclaycard can't enforce this then I don't suppose the DCA will be able to either, but I'm happy to send them a CCA Request too if necessary.
  2. Hiya I was wondering if anyone could give me some advice? Im fairly new to all this ppi reclaiming so want to make sure the information im giving the FOS is concise and to the point. I took out an Egg credit card in 2006, fast forward to the start of Jan 2009 and I get a letter from EGG saying my payment protection insurance has been cancelled (I still have this letter) I never even knew I had payment protection insurance, I would of never signed up to payment protection insurance, I had a good job working for central goverment so full sick pay, pension good redundancy package etc, not to mention being a member of the union which also had benefits if I ever lost my job/illness/death benefit etc so I definately would never of signed up for payment protection insurance as it was most certainly not needed. I applied for my egg card online and I think I was one of their customers who had pre ticked boxes on the online application as I cannot recall ever ticking a box saying yes to ppi insurance. I had a Halifax Mortgage and I spotted the ppi added to my claim fairly quickly and had it removed and that was not long after so I im pretty certain I wouldn't of signed up for ppi. a year and a half ago I signed up to i-smart to sort my ppi claims out, after about 9 months of no contact from them I sent them a letter to say I did not want them to act on my behalf. That was the last I heard from them. Fast forward to around Oct 2013 and I decide to put some ppi claims in myself, I write to Barclaycard about my Egg card and hear nothing, I decide to call last week and they tell me the claim has already been looked up and closed and if I want to know why I need to call the FOS. I call the FOS and they say a claim managment company acting on my behalf submitted a complaint to FOS about my Egg card claim being rejected, the FOS asked for more info and I did not reply so the case was closed! To cut a long story short I had to write another letter to i-smart and they are no longer acting on my behalf and the FOS have sent me the letter detailing why my claim was rejected and a slip for me to return with my explanation and any evidence as to why my complaint should be upheld. Would anyone be able to advise me how best to reply as I don't want to leave anything important out?! The reply they have sent is 3 pages long so I will just try to paraphrase it. Your circumstances when you bought the policy Took the policy out in December 2006 over the internet. The cost of the PPI was £0.75 per £100 of the outstanding monthly balance. If you made a successful claim, the PPI would cover 10% of the outstanding monthly balance on your credit card. This would have been paid upto 12 months per claim. We asked your representative (i-smart) to give us more information about your circumstances when you bought the policy. Because we have not received that information, I cannot conclude that policy would not have provided you with reasonable benefit compared to the cost. So for this reason , I cannot uphold your complaint. From the information I have gathered I do not think Barclays recommended you take out the policy and I have kept this in mind looking at your case. I did not even realise I had this policy so I can only conclude that it was a pre tick box on my online application, I only discovered I had ppi when I received a letter from Egg in early 2009 saying my ppi had been cancelled, why had it been cancelled? I didn't even know I had it so why was it suddenly cancelled? Was it because they had been told at that point their practice of pre ticked boxes was wrong? When I checked the terms of your policy, I found you were eligible for the policy when you took it out. We check whether the business made it clear to you that the policy was optional, looking over the information Barclays gave when you took out the policy, I have found that you made it clear you wanted to take out the policy in your application. Because of this I cannot fairly say that Barclays did not make it clear to you the policy was optional. Again how did Barclays make it clear it was optional when it was added sneakily on my intial online application with a pre ticked box that was ruled in court to be wrong? Were the policy’s costs and benefits made clear to you?: I can see Barclays could have made information clearer to you. But I think your circumstances at the time suggest the policy was not too expensive for you, and it’s benefits could have been useful to you. Does it matter if the policy was not too expensive for me? I did not want or need the product! My job and union cover would of covered me for this, not to mention if all else failed I could of asked for my parents to cover the cost, it was simply something I would never need! They have admitted Barclays could have made information clearer to me, maybe if they did that I would of realised ppi had been added and I could of called them to have it removed? For the reasons explained – and taking into account all other evidence I have - I cannot conclude that Barclays mis-sold you the policy. They did not give me an option to decline the policy surely that is mis-selling? I didnt know I had the policy, I didn't need the policy and had adequate cover elsewhere Any advice would be greatly appreciated!
  3. I really dont know where to start here but i will try and explain as best i can. The main reason for the post is to find out if the repossession is legal which is only the tip of the iceberg here. A financial adviser is contacted to source funding for a small residential development. The adviser contacts a company who happen to be a broker. The broker sources funding from a lender and charges £1,000 app fee. The application is made to LENDER which was successful, no issues. The name of the company at the top of the facility Letter is lets say "The Lender" There is no address or contact information of any kind within the contract other than the name of the company at the top. As the contract was to release the funding in stages, the first stage was released and work carried out to complete all underbuilding work. Not further funding was released after this due to the lenders demands outwith the contract. One thing led to another and the issue was unable to be resolved. The lender decided it was time to both serve a calling up notice and subsequently a court writ to repossess the partially developed land. This is where things start to open up and i find out who is who The issue is that the pursuer is a Limited Company, the same Limited company that the broker was a trading name of, effectively what this guy is saying is, the broker and "The Lender" were both trading names of the Limited Company- How was i to know that when the Financial Adviser requested £1,000 app fee payable to the lender and also there would be a £1,500 fee payable to the broker for sourcing the lender? Effectively it now looks like the Director of the limited company not only charged me to find the lender but HE was the Lender. Now, to make things clear. The Limited company using the two so called trading names had a Consumer Credit License (Legal Formation: Body Corporate) (Nature of Business- Mortgage Broker) (Category-Credit Brokerage) this is very clear from OFT. "The Lender" also had their own CCL as a separate entity,(Legal Formation: Partnership) (Nature of Business-Mortgages) (Category- Credit Brokerage and Consumer Credit) this is very clear from OFT. "The Lender" from the mass of information i found out about them has been a Partnership company for many years but the Limited company who is pursuing the repossession has only been set up for over a year. I am of the thinking that, as nothing mentioned in the contract about a trading name of the Limited Company (which would be a breach of the Companies Act) if it were the case. The limited company did not hold any CCL to be a lender. The Partnership was established at least 10 years prior to the Limited Company being set up, and most importantly, there will be litigation against the lender for breaching the contract it is simply a move to limit the liabilities to the Limited Company that seemingly does not much in the way of liquid funds. Another slight twist is that, the broker and lender have no association whatsoever with the Limited company now they are now trading names of two other Limited companies this guy has set up and the CCL status of all companies is that they are Mortgage Broker NO MORE BEING A LENDER! Again, just to add a little spice. the three individuals who own the Partnership/Limited companies have between them Dissolved over 40 companies within the last 8 years or so. Should it not be "The Lender" named within the contract pursuing repossession. Should i be suing a company not named on the contract and also unauthorised to lend? As i mentioned, this is the tip of the iceberg, Thanks in advance
  4. This morning had letter, can't scan so will precis. 1 No copy of CC agreement due to age. Should I contact Hillys and argue, not sent thm a CCA yet? 2a. Letters sent and received. Copies of standard letters they can send. Credit Operations Department doesn't keep letters in or out. 2b Branch network no longer retains any filing, this includes letters from customer. If there are certain letters let them know to which department and date. 3. redacted information is internal action and colleagues names which is mnot personal information. 4 Says my SAR letter from library doesn't mention manual intervention but we do not hold any personal data relating to manual intervention as such: however when decisions are made to return for lack of funds staff time and effort is required. 5 Telephone conversations. Can only provide them if I provide dates. Thoughts please?
  5. Hi , my wife had an old Halifax account that she hasn't used in over 5 years (last used around Feb 2008) and she accrued a debt of over £1400 on the credit card + £500 on overdraft. The original debts were well below these figures but added charges + accrued interest on top, makes these figures as things stand. We then left for Australia as part of my work, and only recently been back. Fast forward now, and the greed machine have been grinding away hard, the latest company to have taken over is Bryan Carter LLP (no less !). This outfit now sent a letter three weeks ago to my wife threatening court action and CCJs. After reading few useful (always!) articles here, I decided to CCA Bryan Carter (+ £1 as per law) and I was about to SAR Halifax. To my surprise, Bryan Carter sent back a reply within 2 days, and they say: "We thank you for your recent letter the contents of which we note. If you require documentation under Consumer Credit Act 1974, you may request this directly from our client with the appropriate fee". In the meantime, please contact us with your payment proposals". How can they chase this debt then if they cannot or do not hold any valid, relevant and original agreement? What is the course of action in this case? Thanks for your help and for reading this.
  6. I have had a letter this morning from Robinson Way / Hoist that is a 'NOTICE OF HOME VISIT' pertaining to a Sainsburys Credit Card debt. This has been statute barred for well over a year and doesn't appear on my credit files. I'm also getting phone calls periodically from Robinson Way, and I've lost count of the amount of times over the last few years I've sent them the phone harrassment letter and reported them to the OFT. Should I respond to this home visit threat with a doorstep visit letter? Or should I ignore?
  7. I am self employed and my earnings vary a lot often for a short period oftime. My housing benefit claim was already close once because my earnings weretoo high. However the problem is that my earnings vary a lot often for asmall period of time and it is inconvenient for me to make a new claim forhousing benefit each time my earnings vary. I would like to know how to explainmy situation to the housing benefit department to avoid that my claim is closedeach time my earnings vary temporarily I would like to know if there is a specific law for self employer or if I have to file a specific form
  8. Hi My dad went for a walk one day & came back feeling chest pains he went to the Dr - who sent him to hospital for tests. The hospital booked him in for a Myocardial Perfusion scan which was on 1 Thursday & the 2nd part on the following Thursday. On the following Thursday, they said that he would get the results in 7-14 days via a letter or call which after 10 days never happened. 10 days after the test, he suffered pains & via ambulance went to hospital. The Dr he saw there said he had had a mild heart attack. He also said that the results of the Myocardial Perfusion Scan had been on the hospital database (we wondered why the results hadn't been sent out) & that if he had gotten the results sooner, he probably wouldn't have had the mild heart attack! It could have been a big heart attack & who knows what could've happened after that! they had the results of his Myocardial & didn't send them out! We still haven't got them & they could've prevented him having a heart attack! Which he had! & could've been worse! Are there grounds here for suing the NHS.? They are lovely nurses & Dr's but it's how it's all run. Help appreciated!
  9. Hi, I recently requested a CCA from HSBC for my credit card. They answered with "I regret the bank is unable to act upon your instructions for documents under Section 78 of the Consumer Credit Act 1974 for the following reason. .Missing signature " I thought i had read on a different thread that i did not need to sign it? Advice please
  10. Hi, I received a notice of pending legal action from cohen solicitors saying they have been instructed to issue a claim against me in the county court for a santander £1412 debt so i sent them a cca request. This is their reply - We must advise you that requests for copy credit agreements under s.78 The consumer credit act 1974 only apply to running-credit accounts as defined by CCA. Your account is no longer a running-credit account because your credit facility has been withdrawn because it is in default and s.78 CCA therefore does not apply and there is no time limit to respond. However we will out of courtesy request a copy of your agreement from our client for your records. Are they correct in saying s.78 does not apply and there is no time limit? They also say that there has not been an assignment of this account. What does this mean? Any advice appreciated.
  11. I wrote to MBNA for CCA but they said unable to locate the account so then I sent CCA to Link - got reply back saying they purchased the debt in 2002 but don't hold the documentation and would have to get it from MBNA might take up to 30 days to provide Now got a reply from Link enclosing some documents which they say fulfils their obligations I received copy of the signature form and four pages of terms and conditions which start at No 3 and above it says please refer to your credit agreement for conditions 1 and 2 (these pages all have MB 12/00 at the bottom) There is also another six pages headed Credit Card Agreement and these pages are numbered 2of7 to 7of7 - page 2of7 has my name and address at the top but the address is different to the signature form address (both were my addresses just a few years between them) - I think I was actually in default when I was at the second address By the print etc it looks like these are two separate documents and I don't think I have got conditions 1 and 2 Does anyone know whether I have got everything I should have? The signature form actually shows PPI box ticked which was a bit of a surprise - I do remember loads and loads of charges when I got into financial difficulty but not PPI To find out more about PPI etc do I SAR MBNA or Link ? Any advice much appreciated
  12. Think the Aviva folder needs amending as they no longer appear to have an online customer relations team who respond to forums. If they no longer respond to posts, perhaps keep the separate folder, but delete the description about Aviva responding to posts, to save any disappointment.
  13. Hi friends, I tried to search but most of the template letters are designed towards claiming single payment PPI, especially, for fresh cases. Mine on the other hand were monthly payments and they were stopped by Barclays in 2005. Why? Because, I claimed back some of the money Barclays had been charging me in the name of their Additions fee that I had never opted for. This probably prompted them to also stop my PPI immediately. And yes, I did not know what PPI was all about at that time. Now, I wish to take up claiming back the PPI Bacrlays charged me over a period of 9 years (since 1996 to 2005) My questions .. 1. Can one claim back the PPI they regularly paid some time ago in the past? 2. Do I need to first ask for my policy details, or should I simply write to them that this has come to my notice and was a mis-sale. 3. Is there a template on this site for the first letter I should be sending to the bank? Help me. please Hugs Autumn
  14. Hi there I wrote to Capital One for a CCA and they replied by sending me a reconstituted copy of the original agreement. They also said that as they have complied with their obligations under S78, they will not be entering into further correspondence regarding the provision of copy agreements and my agreement is enforceable and they will continue to treat it as such. Are they correct? I thought if they can't provide me with a copy of my signed agreement that it is unenforceable?
  15. Hi all, I have recently sent out SAR to LLOYDS TSB please see my letter below, then the reply from LLOYDS TSB, what a joke, how can they delay my SAR like this?? Any suggestions what I should do / template reply letter. I do not have any account numbers etc.Also the cc and loan I had were with TSB (who they now own) should I have stated it was TSB ?? LLOYDS TSB PPI CUSTOMER SERVICES BX1 1LT Date 20 FEB 2013 Dear Sir/Madam Please send me all data that your company holds relating to my entire account history. Previous address other than above, if there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. XXXXXXXXXXXXXXX, DO NOT SEND ANY XXXXXXXXXXXXXXXXXXXX CORRESPONDANCE XXXXXXXXXXXX TO THIS ADDRESS Please include details of all transactions, and a copy of the original contract by which this account is/was governed at the time it was opened including all amendments made to the contract terms since opening the account. I would also like a schedule of all charges & interest applied to my account(s) including details of any instances that required manual intervention. If you are unable to provide this specific information, copy statements will suffice. All data, including data held on a microfiche must be provided within a reasonable timescale, a maximum of 40 days. In light of all the recent publicity regards the reclaiming of bank charges, some Banks appear to now only be providing a breakdown of charges in response to all and any Data requests. For the avoidance of doubt I do actually require all information held by yourselves. It seems a lot of banks are also wrongly interpreting the Data Protection Act (DPA) 1998 as a requirement to only disclose six years worth of personal data, and this is also wholly wrong. The DPA clearly states that all information held must be disclosed and it has no correlation to the Limitation act 1980 at all. If you no longer hold data beyond 6 years however, I would like a signed declaration from your data controller and a copy of all documents pertaining to its proper disposal. Whilst not exhaustive and for the avoidance of doubt I shall list what I require: * Full copies of all contracts that exist between myself and your organisation; including copies of any documents you hold in support of same. * Copies of all statements relating to the above accounts. * Copies of all correspondence, including all letters, faxes, emails and memos sent and received between ourselves, and any other third party in relation to any of the above accounts. * Copies of any telephone recordings and/or transcripts of these recordings as well as any logs or journals that relate to them. * Copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information. * Full details and copies of any documents upon which you relied when you have provided my personal or financial information to any individual, organisation or third party. * Full copies or transcripts of any computer logs or database records kept in relation to myself or in relation to my financial or personal information. *Details of all systems you currently have in place to ensure my personal or financial information is kept securely, including details of those officers who currently have control of same, and at the time it was held or provided to a third party. * Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, reason for deletion, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data. I enclose the statutory maximum fee of £10. Furthermore, if I discover that you have levied disproportionate penalties or charges which are invalid under the Unfair Terms in Consumer Contracts Regulations against me, then I shall be reclaiming them together with any interest charges which you have levied on them. You have 40 days to comply with this request. If you fail to comply fully I shall enter a formal complaint with the Information Commissioners Office / FSA which could result in a fine and prosecution. Yours faithfully, ME Dear xxx Your request for information under the Data protection Act 1998 Thank you for your latter dated 20th Febuary 2013 requesting information ubder section 7 of the Data protection Act 1998. Please be advised having checked our records with the information you have supplied we have not been able to trace any accounts with Lloyds TSB bank plc. To enable us to complete your request, please could you supply an account/loan/card number, or any Lloyds TSB account numbers as this may assist us in identifying your records. We are returning your request and £10 fee with this letter. Please return the request, letter-of-authority, and fee to us with the required information above. Yours sincerely Joanne Blake Data Subject Access Requests Any help / response or experience regarding this kind of reply top a SAR would be welcome, thanks for your help and I hope this threat helps others any help I can give just ask Thanks all STUARTPPI
  16. Hi all, I have recently sent out SAR to RBS please see my letter below, then the reply from RBS, what a joke, how can they delay my SAR like this?? I know they can ask for proof of identity, any suggestions what I should do / template reply letter.Do I comply and send back what they are asking for? I have some / most of the information they are asking for. PPI Customer Concerns Team, Royal Bank of Scotland Group, 5th Floor, Hardman Boulevard, Manchester M3 Date 20 FEB 2013 Dear Sir/Madam Please send me all data that your company holds relating to my entire account history. EXCLUDING ACCOUNT NUMBER XXXXXXXXXXXX ( THIS IS MY BUSINESS ACCOUNT) Previous address other than above, if there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. XXXXXXXXXXXXXXX, DO NOT SEND ANY XXXXXXXXXXXXXXXXXXXX CORRESPONDANCE XXXXXXXXXXXX TO THIS ADDRESS Please include details of all transactions, and a copy of the original contract by which this account is/was governed at the time it was opened including all amendments made to the contract terms since opening the account. I would also like a schedule of all charges & interest applied to my account(s) including details of any instances that required manual intervention. If you are unable to provide this specific information, copy statements will suffice. All data, including data held on a microfiche must be provided within a reasonable timescale, a maximum of 40 days. In light of all the recent publicity regards the reclaiming of bank charges, some Banks appear to now only be providing a breakdown of charges in response to all and any Data requests. For the avoidance of doubt I do actually require all information held by yourselves. It seems a lot of banks are also wrongly interpreting the Data Protection Act (DPA) 1998 as a requirement to only disclose six years worth of personal data, and this is also wholly wrong. The DPA clearly states that all information held must be disclosed and it has no correlation to the Limitation act 1980 at all. If you no longer hold data beyond 6 years however, I would like a signed declaration from your data controller and a copy of all documents pertaining to its proper disposal. Whilst not exhaustive and for the avoidance of doubt I shall list what I require: * Full copies of all contracts that exist between myself and your organisation; including copies of any documents you hold in support of same. * Copies of all statements relating to the above accounts. * Copies of all correspondence, including all letters, faxes, emails and memos sent and received between ourselves, and any other third party in relation to any of the above accounts. * Copies of any telephone recordings and/or transcripts of these recordings as well as any logs or journals that relate to them. * Copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information. * Full details and copies of any documents upon which you relied when you have provided my personal or financial information to any individual, organisation or third party. * Full copies or transcripts of any computer logs or database records kept in relation to myself or in relation to my financial or personal information. *Details of all systems you currently have in place to ensure my personal or financial information is kept securely, including details of those officers who currently have control of same, and at the time it was held or provided to a third party. * Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, reason for deletion, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data. I enclose the statutory maximum fee of £10. Furthermore, if I discover that you have levied disproportionate penalties or charges which are invalid under the Unfair Terms in Consumer Contracts Regulations against me, then I shall be reclaiming them together with any interest charges which you have levied on them. You have 40 days to comply with this request. If you fail to comply fully I shall enter a formal complaint with the Information Commissioners Office / FSA which could result in a fine and prosecution. Yours faithfully, ME Dear xxx Thank you for your recent Subject Access Request, forwarded to us form our Chief Operating Office, who are dealing with any bank account or loan requests. With regard to your credit card request, despite our efforts, we have been unable to trace a credit card in your name. To assist us in tracing your account, please provide us with your credit card number if possible, or advise us of an approximate date/year of when the account was opened/closed. It will also assist us if you can provide us with any previous addresses and postcodes, and confirm exactly how your name would have appeared on your credit card statements. We cannot guarantee that upon receipt of the additional information, we will be able to trace your account as it may have been closed for a longer period than our records are retained. If we are successful in tracing your account, we would require either three months original bank statements or an original utility bill, dated within the last six months, showing your current address. We are unable to accept credit cards statements, mobile phone bills or copy documents. If your are unable to supply us with any further details which may assist us in tracing your account, please resubmit your request enclosing necessary proof of address documents. all original certified documents will be returned. If you did not hold a credit card account with us, please disregard this letter. I trust this letter clarifies our position, thank you for your kind co-operation. Your sincerely Sally Ellis Customer Advisor Customer Management Any help / response or experience regarding this kind of reply top a SAR would be welcome, thanks for your help and I hope this threat helps others any help I can give just ask Thanks all STUARTPPI
  17. good evening in jan i was issued with a local authority PCN which i have challenged as it should never have been issued. I emailed my local authority with a photograph of the parking issue and recieved an auto reply saying my ticket would be put on hold pending investigation and i would receive a reply in 10 working days. 2 months later I have heard nothing else from the local authority. Is there a statutory time period in which they need to reply to me ? On discussing this with a neighbour, they suggested that as local authority staffing levels have been slashed that perhaps quite simply they are unable to deal with the deluge of parking appeals.
  18. I took out a Unsecured Personal Loan with Halifax online in December 2011. I was NEVER asked questions like, can you afford the payments, are you employed/unemployed, and I certainly was not asked about my income. This have got so bad I am currently on an IVA - Halifax increased the IVA from 5 years to 6 years forcing me to pay for longer. I am now wondering if bankruptcy is the best option. Do I have a claim that Halifax lent to me irresponsibly without going through my finances first?
  19. Received a few hundred pounds off them today in compensation following my formal complaint regarding their treatment of me and refusal to only contact me in writing. I'll give them their dues though they swiftly responded to my formal complaint and admitted where they went wrong etc.
  20. Long time viewer so thanks to all the contributors here, it's been a great help! I have sent off for the CCA for a Credit card and a Loan with Halifax. They have sent a letter saying "we'll get it to you when we can". I asked for it within 10+2 days. Is the template online the same for pre and post post 2007 debts? Thank you D This is the letter you need to send (edit to suit and send recorded) Account In Dispute Ref: Dear Sir/Madam Thank you for your letter of xx/xx/xx, the contents of which have been noted. You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference. You have failed to comply with my request, and as such the account entered default on **DATE**. The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account. Furthermore You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired. As you are no doubt aware section 77(6) states: If the creditor fails to comply with Subsection (1) (a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law. As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment. Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data. Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies. * You may not demand any payment on the account, nor am I obliged to offer any payment to you. * You may not add further interest or any charges to the account. * You may not pass the account to a third party. * You may not register any information in respect of the account with any credit reference agency. * You may not issue a default notice related to the account. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully
  21. Hello, I am in need of help, advise and guidance because I now feel helpless. I signed up to do a computer course back in 2007 with skills train. The sales person came to my house and I stupidly signed the contract with career development finance without doing any research. I realized after two months that I could not do the course at all as the course material was not very easy to understand plus I realised that the company had a bad reputation. I contacted skills train and they said they couldnt help me. I continued to pay 75 pounds monthly for a while, however I could not afford that amount when I fell pregnant and had to live off statutory maternity pay in 2008. During this time, the debt was passed on to Cabot Finance, and they agreed that I make minimum payment of 10 pounds a month. I carried on paying the 10 pounds. However, I received a letter from a company called The Credit Information Bureau on friday. The letter stated that account has been recalled by Cabot Financial. I have also received a letter from Cabolt today who are now claiming that they (Cabot) have recalled my account and the letter states that ''the most important thing for you to now is contact us to discuss way of payment'' I honestly do not recall ever speaking to anyone from 'The Credit Information Bureau' and I have paid the agreed 10 pounds since 2008. I am absolutely terified of contacting these DCA especially now that I am out of work and a full time student and single parent. I would be grateful for any advise given. Kind Regards, Leesha
  22. Hello All, I have received the attached "SAR" reply from Barclaycard and would like some help please? I better give a brief history of the problems. I went through personal and financial difficulties in 2001, I had "unmanageable" debts and basically stopped paying everyone. I had, or rather still have debts with Barclaycard and other organisations who walloped me for charges, left, right and centre. I am still paying these off on a monthly basis to Link and trying to cope on a limited budget. I then found this forum recently and have been intently reading as many threads as possible. I have SAR'd every single financial institution that I had debts with. Back to Barclaycard, I have received the attached response to the SAR request that I sent to them. 1) I can view the letter and THREE statements as, the balance shown is "purely" Default charges as their letter implies, go back six years and try and claim them all, bearing in mind, these were actually in 2001 and not 2007 as their statements imply. I am not sure if I view this as Barclaycard trying to help me by suggesting I claim these but forget about going back to 2001 as their statements are dated February, March and April 2007, just within the last 6 years!! 2) Write back and say I am not happy with their response, as I actually had two Barclaycards with them at various different periods, the other one being approximately 2003 to 2007, that I was also hit with charges on. Any thoughts or comments please?
  23. A few weeks ago someone on this forum noticed, when logging in to a DWP website, that they were receiving HTTP redirects to an IP address outside the UK. Unfortunately I can't remember who it was or which thread - sorry folks. Anyhow, the worry was that data was being stored on server farms in the US. Obviously this would be a concern since the nation where the data is physically located would have jurisdiction. I thought the concern to be unfounded - I was fairly sure it would violate the DPA - but hey, Freedom of Information requests don't cost anything and take five minutes to send. So I asked the DWP about it. The short version of their response is that no, data is not stored on servers outside the UK.
  24. Hi All, Got my wife and mine SAR details back from Capital One Wife account opened in 2000, mine was 2002. Both using the 'Application form' type. Noticed that wifes statements contain PPI, started in 2002 until about 2005, plus some 'Annual membership fees' and an 'Upgrade fee'?? Also missing statements from 2000 till 2002. My statements only show some 'late payments fees' and 'over limit fees' - no PPI I will put all of these into two seperate claims using the spreadsheets in the library - which is the best one to use? Is it best to split the PPI out of the claim for my wife as a deperate claim? The statements supplied do not indicate what the APR was - do I need to request this from CAP1? Thanks G
  25. Hi all, My apologies if this has been asked a thousand times before - I'm still fairly new to this & am in need of your most helpful advice again. I recently sent a CCA request to Lowells regarding a vanquis CC debt, firstly I got the standard 'we have requested a copy from the OC' letter, then 2 weeks ago received a letter stating that the original agreement no longer exists due to the age of the account, that they would not be contacting me regarding this again & that any detrimental information would be removed from my credit file. Today I have received a computer printed application form with no signatures & a copy of current terms & conditions which they claim satisfies the CCA request. I am now totally confused & as always, would be very grateful if someone could advise me how to reply to them. Thank you in advance
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