Hi all, I have had a LLoyds tsb credit card for sometime, but have fallen into financial difficulty. I have been making reduced payments through CCCS for the last 6-7 months. Arrears have built up on this account and i have now received a default notice. The link for the default notice is below:- http://s740.photobucket.com/albums/x...yds%20default/ The above link also includes the credit card agreement which was received with a new updated card. I believe this was in may 07. Can anyone advise me as to the eligibility of the agreement and/or the default notice? many thanks for any help/advice. Ricky

Hello, please could you read through the attached documents and let me know if the CCA is enforceable and also, what should d be my next step with Capital One stalling in providing me with the Information I requested using the Subject Access Request. They have used excuses starting with You haven’t paid the £10. I had and I wrote back to inform that I had proof. Then they wrote back to say: you haven’t signed (which I didn’t I used a printed signature on word) and that the address is different to that on our records. This is amazing because they have been sending me letters /statements and new Capital One cards to this my present address for nearly ten years. I had mentioned in my SAR that if they refused I would escalate this to the Information Commissioners Office & if my complaint is upheld they would d be liable to a £5000 fine. So looks like I may have to go ahead and fill out the complaint form. What do you think? By the way, I have copied all the letters they have sent in response, so quite a few documents including one that is lengthy and looks like they recently typed it up and claim that it is part of my CCA, which by the way they finally found a signed copy of and sent along with the lengthy so-called CCA Act1974 documents. Your help and assistance is greatly appreciated. Thank You p.s I forgot to mention the account was opened in 2004. Also. Does anyone know how to make the documents bigger? I saved them also in photbucket but got an error message when I tried to attach them from there. Thank You Hi, can some one take a closer look at these documents. I've tried to get them all scanned.There are more documents to upload, but need advice as no one seems to have responded. I've now attached the rest of the last 3 pages of the "so-called" terms and conditions that was sent with the letter and suddenly discovered signed "CCA". Please note, all 5 pages of the "CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974" - Terms and Conditions, ALL have the SAME Page number at the bottom left hand corner and that is ' V10# '. CCA1.PDF SCAN0001.PDF SCAN0001q.PDF SCAN0001r.PDF SCAN0001s.PDF SCAN0001t.PDF

I have today received a letter from Bryan Carter Solicitors informing me that they WILL issue court proceedings on the 22nd of Feb if I do not pay them £1100. Their clients or reference appear to be Lowell finance and I believe the original debt was from Capital one credit card. I believe the original debt may date back to mid 2007, but having moved house and misplaced most of my paperwork I only have this letter along with a letter from capital one dated feb 2009 informing me they have sold the account to Lowell. I have not had any contact (bar that letter mentioned above) with anyone or made any payments on this debt for 2 years, so I was a bit stunned to see they are going to drag me in to court next week! I could really do with some advice from someone in the know - will they follow through with this threat or not? How do I proceed, should I request a CCA from Bryan Carter or should I just offer a full and final settlement, bearing in mind I am currently unemployed and on Incap benefit due to poor health. I'm also not sure why they are asking for £1100 as the original debt was not that big, but again I have no paperwork to disprove it! I already have a default on my credit files from capital one on this debt and I could really do without a CCJ and bailiffs knocking on the door due to my health! any advice would be greatly appreciated.

Hi all I would welcome some advice on this please. In September, I upgraded my phone with T Mobile and entered into another 18 month contract. Had a nightmare with the first handset that 2 T Mobile stores were not interested in despite quoting the usual sale of goods act etc. and me taking the handset back on the 10th day after having received it. Eventually, Customer Services on 150 relented and replaced it as a swap out the next day. I got round to reading the manual last weekend to see what exciting things I was missing out on and I decided to download some new screensavers to make the phone a bit more "funky." I then discovered that despite changing all the settings that the screensaver would never activate. The phone display switches over to power save mode, i.e. goes blank instead of displaying the screensaver. I undertook some research into the issue on both T-Mobile's user forums and Nokia's own support discussion forums and it turns out that this is a known software bug in the N79 handset. It also appears that the manufacturer knows about it but has failed to fix it in subsequent firmware releases. It is also unlikely that Nokia will now release any further firmware for the handset as technically, or rather in the technical world, it is now quite an "outdated model." I have emailed T Mobile Customer Relations about this and they have contacted me to say that if the manufacturer is not going to fix it there is nothing that can be done. I however am not happy with this. Surely the goods are not functioning "as described," i.e. the manual states that you can change the screensaver and although you can, the end result is that it doesn't work. I know that a non-functioning screensaver is not a life or death situation i.e. the phone makes calls, sends texts, browses the web but am I the only consumer that is getting a bit sick and tired of companies that earn millions of pounds from their customers getting away with everything? At the end of the day, my contract is subsidising the cost of the handset in a large capacity. If I had purchased this phone directly, it would have cost me a few hundred pounds at least. The crux of it is that I used Nokia phones for years previously and every handset I have had has always had "some problem" of one thing or another. Back around 2003, I had Orange replace 15 handsets, one after the other and each one exhibited the same problem as the last. It was a nightmare. I thought that 6 or so years later, with the advancement in technology that Nokia may have improved it's standards and the first phone I pick up in this 7 year period manufactured by them exhibits yet another fault. I have contacted Nokia, although I am under the impression that it is not down to them to sort the problem out and they have suggested that I send the phone "for repair," which judging by other users on their support forums, does not resolve the problem anyway and just leaves you without a phone for 2 weeks. I was wondering if I could glean some opinions please ? Am I right that the phone is not "functioning as described" and therefore breaches the sale goods act ? Thanks very much J

I have an account with Lloyds, and have admittedly gone over the agreed overdraft a few times. after going through all my statements and calculating the total amount they've charged me, it comes to about £2000 in charges. I've already put in a claim and got the usual response back, however last month they removed my agreed overdraft limit of £500, and won't let me apply for another overdraft, so I opened a new account with a different bank. now I'm getting letters threatening me with court action because I'm £770 overdrawn. What should I do here? Try and agree a repayment plan with Lloyds to get the balance paid back? I do feel it's a little unfair seeing as I'd be a lot better off if their charges hadn't been so ridiculous. any help from anyone here would be great, thanks.

I took out a Halifax credit card online pre 2007. It was £3 in credit in Nov 2007. In dec 2007 they sent me a new card attached to a credit card agreement unsigned by myself or them. What I did not realise then was that they had transfered the acc to a new acc along with the £3 credit. This has come to my attention as I was going to send them a CCA request in regard to my pre 2007 CCA. Has anyone any ideas as to what I should do ?

Hi all, I have received a letter today from Hamptons legal regarding a debt I have with O2 - although I have never made any payment and have a SAR or the equivelant you receive for a mobile debt. Basically the jist of the letter is thus - We are now going to request a copy of your credit file from Experian the credit reference agency, which will help us decide what form of litigation is best for us to recover the monies that are due. Any ideas folks?

i sent crap one aletter offering payment. having been in a dmp i decided to leave it as it wasnt working. i recieved this: I refused to provide them with a signiture. Then i get this: i then sent them a cca request and reminded them that i had sent one to crap one which they hadnt responded to. Then this: Then this from crap one: they had until the 28th sep to provide this. I have NEVER recieved a credit agreement from them. What theyve sent is barely readable.The t n cs are on a seperate piece of paper. Ive noticed the ppi isnt ticked or signed yet theres ppi on my statements. No idea what to do next? Sar them? claim chages ppi? i should imagine this would more than cover the debt and then some. Also fred havnt provided a cca or returned the po

Hi Can anyone point me to a short but sweet letter to use for all 3 CRAs to give them a chance to remove wrongful/incorrect defaults from my reports? Thanks in advance.

Hi everyone, I am a newbie and absolutely scared by the whole experience. Not long ago I received a letter from cap quest demanding £500 on behalfof the cap 1 credit card. It came out of the blue as I was trying to repay my debt by sending £10 a month to cap1 account for the past 2 years. Trying to find a way of dealing with DCA I found some advice on this website and sent cca demand. After receiving the standard 28 days account on hold letter, the cca copy and some typed statements arrived in the today's post. The letter demands that I arrange a payment scheme and failure to do so will result in passing my account to collection department for further action. My account with cap1 was set up in 2005 and I defaulted on a few payments but I tried to send a small sum of money each month to cover the outstanding balance and now it seems the interest applied is gigantic and I have an alleged debt wit capQuest. Has anybody got any advice what to do next? Miserable M

Can I pose a question please? When being requested by a bank or DCA for an Income and Expediture form am I obliged to include the Income of my partner (not wife) even if the alleged debts were created prior to my meeting and subsequently living with this partner. Many thanks for any replies.

I have been following this forum for a while and sent the co-op a section 77-78 request for my credit agreement. This is what they have returned. Is this enforceable? If not, what should my reply be? Sorry, I thought that I could place an attachment but cannot. Does anyone know a site I can upload documents to for viewing?

Hi I have recieved a County Court Claim from Restons Solicitors Via the Northampton county Court. I have been paying them back a debt originally from HFC Bank which was from a Sofa from DFS. I owed about 1200 with HFC, and now Restons have added on another 250 and some court and solicitor charges. I fell behind with payments from HFC sent them a letter and asked if I could pay reduced payments i never had a reply from them so i continued to pay them token payments of £12 each month, they then ended up passing it over to Reston's. Restons took control and added on there collection charges and agreed for me to pay the £12 eack month I had been paying this regularly but lately missed i think two payments due to not having the money to pay them. I recieved the Court claim on Saturday, i have been reading up on another post so I think now I have to send the request for information, am i right. I would be grateful if anyone has had any experience with Restons who can help me through this. Thanks in Advance Ben

Sham one folks, please see below a copy of a letter I received from Lowell, I did start to pay this debt via Payplan before I found this forum. The debt is a credit card with Capital 1 for just under £400. I stopped paying and told them I wanted my CCA and my SAR which I still have not received, I was hoping somebody could advise me on what my reply should be, I am also pretty sure that they should not encourage people to pay by credit card e.g., Encouraging people to take out more debt. I also have the same letter regarding an Egg account even though the CCA they sent me is not valid We are disappointed that you have failed to keep up to your payment arrangement that you promised you could afford to repay. We can only assume that this means that you are either UNWILLING or UNABLE TO PAY. If you are unable to keep to your repayment plan or are unable to catch up with your arrears, then we may be able to offer you a greatly reduced settlement discount to clear your account. Should you fail to make contact with us we will assume you are UNWILLING to keep to your previously agreed arrangement and therefore we will have no alternative but to send your account to our legal representatives, Hamptons Legal. We do not wish to take this action and urge you to contact one of our advisors on the following number: 0845 279 7117 PAYMENT CAN BE TAKEN OVER THE TELEPHONE BT DEBIT OR CREDIT CARD

Hi there, I am currently an un-discharged bankrupt, (discharge date September 2009) Last year I commenced investigation into the recovery of various PPI charges that I had paid in the past. I received a number of rebuttals and in my ignorance, took matters no further. Also, I reclaimed back bank charges from First Direct, again without success. I have now issued CCA requests to all of my creditors and hopefully will determine that the debts are unenforceable. I presume that if this is the case, i would have strong grounds for claiming back any misold PPI costs and/or excessive charges. However, in the event the debts are enforceable, bearing in mind my current situation is there a precedent for recovery of such charges?. I understand that any "windfalls" such as these could be claimed by the trustee in bankruptcy or offset against the stated debt, i dont have a major issue with this (or should i?) Also and hopefully finally, what should happen to any hypothetical refund if it is made after discharge but commenced during the period? Thanks in anticipation

I was made redundant in November 2008 and unfortunately still seeking employment. I only receive JSA (£60.50), housing benefit and council tax relief. The housing benefit is paying most of the rent, less £80 per month until 15th February and the Council tax relief is only £12 per week. At present I am in deficit of £60 per week. I have two loans with Welcome Finance, one is a personal loan (£3689) and the other was for hire purchase on a car. I have succeeded in a Voluntary Termination on the car account, so it has now reverted to a none priority debt (£6002.26). Since being made redundant I wrote to my local Branch and notified them of my financial situation and that I would not be able to make payments on the accounts for the time being. All started well with this, but they soon started phoning me constantly asking for payment, even asking me to BORROW money so that I could make a payment to them. With all this happening I sought advice from the National Debtline, who advised me on what to do. First thing was to ask Welcome to hold any action for 28 days and freeze interest and charges. This they refused to do. In one week the car account balance increased by nearly £100!!! Still the calls persisted. I spoke to their Call Centre and they said I should speak to the Manager of the branch. This I did, and she agreed to not contact me until my circumstances change. Which is what I asked for in the first place. Still no mention of interest freezing though. I then sent a letter asking again for charges and interest to be frozen for at least 28 days, offered a token payment of £1.00 per month and that all future correspondence be in writing. Today, I received a phone call from the local branch, again asking me if my circumstances had change, even though it had only been three days since I had spoken to the manager. Again, he asked if I could BORROW money, to which I said he was out of order and acting illegally. Should I know push forward with a complaint to OFT and the Financial Ombudsman? Or make a complaint to their complaints department first? Any advice would be greatly received. These people are killing me.

Hi, I am a newbie on this site and have a Northern Rock credit card which is now operated by Co-operative bank and after reading many threads on this site sent a letter requesting my signed CCA agreement which has now come to time and not been sent. To be fair I never signed one as they sent it to me when I once had a mortgage with them about 10 years ago but card continued when mortgage was redeemed and then passed to Co-op bank over the years. I would just like advice please, even though theres lots on here, to some specific questions please if anyone can help. 1. What letter do I next send to them and what do I do next. 2. When do I stop payments. 3. What is the court process some people mention on here and when do I need to do anything if at all. 4. What charges/interest can I reclaim in addition to having the card stopped/cleared. Many thanks, Sue

Hi, I sent a CCA request a week or so ago- received what seems to be a common reply today stating they'd complied with the request and they've supplied nothing more than a copy of their current t&c's. No signatures, dates, endorsements etc. The card's quite old, so I'm sure the £12 on the current t&c's is incorrect. Suspect they're trying to fob me off. Where too next- a dispute letter? Thanks

monument-1-1.jpg - Image - Photobucket - Video and Image Hosting PLS see above and i reckon ive only had the application and only what you can see but with current terms and conditions and nothing about terms and conditions at the time of the application plus a letter just advising they have enclosed a copy of my credit agreement, which they are providing under their obligations section 78(1) of the Consumer Credit Act 1974 - requires that they provide me with a copy of my executed agreement. perhaps by explaining to me about the "copy" of the executed agreement, - they now say the Copy for the purposes of the CCA does not refer to an exact copy of the agreement i signed. They are therefore not required by the CCA to provide me with a photocopy of the agreement showing my signature. Section 78 requires them to provide me with a copy of my agreement which looks like the one i signed but which has been updated to contain the terms and conditions which currently apply to my agreement (rather than those which applied a the time i signed the agreement) Important - the copy is not required to include my name or signature. They rather hope im now satisfied with this dribble they have provided and i will continue to make payment on my account. ******** Whilst my interpretation now is that Yes i agree they have satisfied section 78 by supplying me with an application form with a copy of the current T&C's - BUT it is not enforceable because it doesnt have the prescribed terms in the same document as the signature. What do you guys now think?? many thanks ciao for now MAZ

Hello everyone I have today received a letter from BOS, re my Halifax a/c requesting me to contact them. I'm on a DMP via CCCS, should I contact BOS / ignore the letter / or send this letter? [old template removed] - dx