Hi Just had very interesting letter arrive to me this morning. My Property Agent sent me it as it was sent to her from a Tenant at old address. The letter states Bailiff Removal in huge bold font with heading references underneath County Court Judgement and there reference number. Basically if I dont pay amount due then within 7 days bailiffs will seize goods from property. I rang them to find out what the hell it was, first searched for company and lets just say was immediately dubious when I foundthere website, or crappy one page web site with no info present at all. Searched net and cant find anything legal about them anywhere. Only registered entry in companies house. No registration with any other regsitered body Consumer Credit Act or even Data Protection The lady I spoke to you informed me it was regarding a financially arrangement I had with NAAFI back in 1999 (Whilst serving in Army) Medical discharged Army in 2000. Payments were made from wages back then I believe, cant remember to be honest. Basically she triedto explain who they were and why that letter was sent. Informed me CCJ had been applied late 2001 and they had purchased the debt and now demanding payment. I told her didnt know what she was talking about. Thing is I left army and lived at my property for over 6 years after discharging, moved recently since. I have credit reports dated back to 2005 till now and even present form address where I from 2000. None of these reports have nay signs of any CCJ on them. My assumption was CCJ applied to my address at time which was barracks on camp!! Also as cant find entry for them in Data Protection Register was rights do I have. They havent got a CCA licence which I can locate which I what I have been led to believe they need to register even if DCA and not actually lending money. Is this enforceable, can I fight this. I have googled and found cant statute barred if CCJ present. Lady told me she didnt have any details of the CCJ just the date. She didnt have any paperwork out she could send me. Gave my reference numbers and original finance details of company which I told her I would check out as just know what she was talking about. Read on here that you should play dumb and not acknowlege anything which I did Anyone got any info they can give me and guidance as to what steps can be taken Thanks skf58B5.pdf

Can anyone help? I have some large credit card debts on about 5 cards. I have sent a standard letter asking for a copy of the CCA and had replies back but some seem a bit dodgy. I'm no expert sp I joined the forum to see if there is any help here for me. Do I tell them that I dont think they have complied with what I asked for and put the account in dispute and pay the £10 for the SAR? Are they legally entitled to chase me for payments while the account is in dispute? I can post documents if anyone wants to have a look. Cheers

Hi, I am in a similiar kind of situation. I have signed a consumer contract back in sept 2004 and moved to scotland in 2005. I did not receive any thing or acknowledge anything for over five years to my creditor( I am living and working in scotland for over five years too) I have a county court judgment made against me two days ago for not paying to the creditor. In the judgment it is said as the contract was signed in the england therefore the english prescription law (which is six years) applies and i m liable to pay the money. Any advice??? Thanks

Hello everyone. heres my problem. i went after a new double bed last month and got turned down..... i went home and got a credit report done of myself to which it come up saying i had a CCJ from northampton CCBC (bulk centre lol) with an amount of £388 pound. so I phoned them right up and they said its capquest and here is the account number. phoned up capquest and they said that i now osed them £588 how can i owe them £588 when the ccj is at £388.. can anyone help me on this matter as this account i know they have not got any of the paperwork for as i have asked them for it with no reply from them in a month. many thanks in advance

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

Hi there. I am trying to help a friend sort out a problem & hoped I might get some advice. He had a substantial debt, which the bank obtained a CCJ for sometime ago. Frustrating I know, but he does not know how much the judgement was for or what the payments should be & hasn't been sent any payment book etc . I tried to find out more, but he just said he waited until he got a letter from the court & then paid it! The situation now seems to be quite serious, I have seen the letter that says they are going for a warrant of execution & yesterday, he had a visiting card from a baliff whilst at work. He is going to the court today to make a payment & I have told him he must ask for details of the original judgement & we can take it from there. At the moment they seem to be asking for arrears of over £2000 to be paid within 7 days. Impossible of course. A couple of questions. Will the local court be able to provide him with details of the judgement? He is able to make reasonable payments towards the debt. Should he contact SCM to arrange this, or go straight back to the court for a variation order, assuming that the payments must be pretty high for that level of arrears to accrue? Thanks in anticipation

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, My partner has recieved a claim form from CL finance via cohens in relation to a store card converted to a mastercard from debenhams. There is 3 days left to submit intention to defend claim online and I have some questions about what to do next. 1. We want to defend the claim, so I need to also tick the court juristiction box aswell? Or is the defending of the claim an acceptance that the claim is genuine? 2. There has has never anything signed by my gf, was just sent the new card one day replacing the store card. Has anyone had any success with using this as part of a defence? 3. Will courts listen to any requests relating to claims being sent out whilst the person is in hospital? Or would that be ignored. 4. If it looks like this will go to court are there any good guides on here in terms of making offers to debt companies? thanks

Quick background: I CCA’d MBNA Virgin and received my credit agreement. Unfortunately for me, it is enforceable. I have paid up my arrears and have restarted my monthly repayment agreement to avoid further action. My circumstances currently are that I am out of work and seriously considering "signing on" but I probably won’t because I never have and I am confident that I will find something in a month or two. Before I write to Virgin/MBNA, I wanted to seek advice from my fellow Caggers regarding my intention pay them less each month. My current plan is: 1. Write to them and explain my circumstances and offer what I can currently afford monthly. 2. Cancel my direct debit and simultaneously set up a Standing Order for a quarter of what I am currently in agreement to pay them monthly. I guess if I can’t pay then I can’t pay and there’s nothing much they can do about it. I assume they will ask me to fill in a financial statement but I know that legally I am not required to do this and frankly, I don’t want to. Is this the right path? Possibly trying to avoid a DN, although I have a collection of DN due to my other unenforceable agreements – so one more really won’t make much difference. Or should I just not pay and after several threats, call the number and negotiate, hoping that they will agree a lower payment? I want to try and be in control of the situation even if there is an enforceable credit agreement in existence. Anyone know the best plan of action for me? Thanks.

Hi, I have copied my Cahoot Fixed Loan Agreement, but think they may have ticked all the boxes - any advice would be appreciated as to if it is enforceable thanks

Hi there Just needed some advice re: the above. This was originally an unauthorised overdraft from Abbey that I was paying off bit by bit Abbey forwarded it to 1st Credit. I sent the CCA letter to 1st credit and in response they sent me a statement but not a signed agreement. Sent them the account in dispute letter and was sent the attached response. Just want to know what do I do with this? What does it mean? Let me know ladylovessalsa! 1st Credit response.pdf 1st credit letter 1.pdf

Sent a debt collection agency the letter with regard to "a formal request pursuant to s.77/78 of the Consumer Credit Act 1974 etc". They have written back asking for my last three addresses to confirm who I am. Any suggestions what to do next. Thanks.

My partner has a credit card debt which has a CCJ against it. He pays Moorcrap £120 per month. Just recently he has started to receive calls from them, pressing him to increase the payments due to the amount of time it will take to pay off. I have told him not to worry as there's nothing they can do as long as he is complying with the CCJ. However, the calls are becoming really annoying. Is there a letter worth sending to them?

Sorry to dash in,I am also suffering because of various counts for my car loan from sugust 2006 and personal loan from august 2007. Posted April 22, 2009 1/04/2009 Customer Service Credit Expert PO Box 7710 NOTTINGHAM NG80 7WE Dear Sir, I have subscribed to Credit Expert. I am experiencing difficulties about TWO CREDIT accounts held with WELCOME FINANCE. Because of the mishandling, misappropriations in both the accounts I have been in touch with them and following up since opening of the accounts, which has consistently been overlooked. As per the recent status both the accounts are showing late payments, which is not the fact and consistently been overlooked by Welcome. The supportive correspondence since 2007 till date is enclosed, alongwith the agreement, which would confirm that neither am I in arrears nor should there be a missed payment, if both the accounts re brought in order. Before taking further steps against their ignorance, I thought it to bring to your notice, as they may try to further shatter my credit history. I would be happy to provide you with more information, so as to enable you to take it up with them having note on my account. Regards, Yours truly, ENCLOSED THE CORRESPONDENCE. 22/03/2009 Ryan Lupton Customer Service Executive CRO Complaints Welcome Finance Bishop House Abbey Field Road Lenton Nottingham NG7 2SZ Dear Lupton, It’s disappointing to receive your letter dt. 6th March 2009. In this regard, I would like to bring the following details to your kind notice, as a last attempt. The mess created between the two accounts and direct debits has been a matter of concern which continues. The additional amounts added to the disbursement has been unacceptable, duly brought to the notice of the concerned at the proper time. Despite getting several promises, one of which is in writing from Welcome, the account and credit references are yet to be up dated. This was the 2nd complaint dealt by your department since October 2008 without any outcome. In a futile effort to cover up yourselves, as per your letter dt 24th Feb 2009, you must be having record to produce and prove your claim of having tried to contact me, which never was a case. On the contrary, I gave a call on 28th Feb.2009, in vain to speak to you. Presumably the message has been passed on to you by Amy, whom I spoke to. since, no one from Welcome is in a position, it seems, to resolve the matter, I won’t prefer providing you with any other details again and again, as everything has been submitted so as to enable Welcome to take proper measures from time to time. If the persistent attitude continues until after 30th April 2009, I would be left with no other alternative but to take appropriate steps with authorities I deem fit to give me justice. It’s left upto you, your team and the entire Welcome Finance to come out with a justified solution. Unnecessary communication/calls will not be welcomed and entertained hereafter, and a due proceeding will be initiated after the stipulated period for both the accounts. Hope you would be in a position to understand the matter given the status. Yours truly, BRANCH FOR INFORMATION CREDIT EXPERT, TO TAKE NOTE OF IT. Any comments from caggers In my case, they have not yet dealt with the PPI, but went on to claim 3 direct debits instead of two for more than 6 months, mixed the instalements of one account into another in between to their convenience and since Nov.2008 I have stopped paying them with pre information and all the correspondence since 2007.On the top of it when now I have joined this forum I looked at it and they are charging £75 as acceptance fee which is added to the loan disbursed and instalements are according to the final figure after addition. Can anyone suggest help me out with my approach. 22/03/2009 Ryan Lupton Customer Service Executive CRO Complaints Welcome Finance Bishop House Abbey Field Road Lenton Nottingham NG7 2SZ Dear Lupton, It’s disappointing to receive your letter dt. 6th March 2009. In this regard, I would like to bring the following details to your kind notice, as a last attempt. The mess created between the two accounts and direct debits has been a matter of concern which continues. The additional amounts added to the disbursement has been unacceptable, duly brought to the notice of the concerned at the proper time. Despite getting several promises, one of which is in writing from Welcome, the account and credit references are yet to be up dated. This was the 2nd complaint dealt by your department since October 2008 without any outcome. In a futile effort to cover up yourselves, as per your letter dt 24th Feb 2009, you must be having record to produce and prove your claim of having tried to contact me, which never was a case. On the contrary, I gave a call on 28th Feb.2009, in vain to speak to you. Presumably the message has been passed on to you by Amy, whom I spoke to. since, no one from Welcome is in a position, it seems, to resolve the matter, I won’t prefer providing you with any other details again and again, as everything has been submitted so as to enable Welcome to take proper measures from time to time. If the persistent attitude continues until after 30th April 2009, I would be left with no other alternative but to take appropriate steps with authorities I deem fit to give me justice. It’s left upto you, your team and the entire Welcome Finance to come out with a justified solution. Unnecessary communication/calls will not be welcomed and entertained hereafter, and a due proceeding will be initiated after the stipulated period for both the accounts. Hope you would be in a position to understand the matter given the status. Yours truly, BRANCH FOR INFORMATION CREDIT EXPERT, TO TAKE NOTE OF IT. 1/04/2009 Customer Service Credit Expert PO Box 7710 NOTTINGHAM NG80 7WE Dear Sir, I have subscribed to Credit Expert. I am experiencing difficulties about TWO CREDIT accounts held with WELCOME FINANCE. Because of the mishandling, misappropriations in both the accounts I have been in touch with them and following up since opening of the accounts, which has consistently been overlooked. As per the recent status both the accounts are showing late payments, which is not the fact and consistently been overlooked by Welcome. The supportive correspondence since 2007 till date is enclosed, alongwith the agreement, which would confirm that neither am I in arrears nor should there be a missed payment, if both the accounts re brought in order. Before taking further steps against their ignorance, I thought it to bring to your notice, as they may try to further shatter my credit history. I would be happy to provide you with more information, so as to enable you to take it up with them having note on my account. Regards, Yours truly, ENCLOSED THE CORRESPONDENCE.

1st Credit have replied stating they do not have my cca and that at present they cannot enforce the debt:). A paragraph from the letter says "you have not specified upon which ground you rely for your notice under s10 of the Data Protection Act and therefore we do not consider this valid: furthermore this is not a valid request as it falls under the exemption in Schedule 2 section 2(a) of the Act" could someone kindly decipher that paragraph for me!!!:-|

Hi, After declaring the account to be in dispute last week, MBNA/Virgin have sent me a copy of my CCA/T&Cs... It looks in order to me, but would like some more educated opinion/comments please... I ave also reposted my Northern Rock Loan CCA also....I dont see a "Right to Cancel clause in it" Thanks S tinocca.pdf NorthernRockCCA.pdf

Hi there, I have a business banking issue with HBOS. I understand that this is a consumer forum, and therefore does not advise on business banking issues. However, does anyone know of a similar forum in the business arena - or are there any legal eagles out there that might like to take on a juicy case against HBOS? Many thanks, SD

Hi all, MBNA have finally decided to respond to my CCA request, 12+2 days was up on 31st January BTW, and the letter makes no sense to me. Are they trying to confuse me and hope I'll go away? I've stopped paying them as they failed to respond to the CCA request until yesterday and they've still not sent the correct details TIA!!!

I was paying nominal payments to Tesco personal finance of £7/mth. They took me to court and I received a letter from the court saying, the whole amount was due but I should continue to pay the £7/mth. I have now received another letter from the court saying the case is to be transfered to my local county court because the claimant has applied for a redetermination. When I get the date what am I expected to do? Take proof of my income and expenditure? Any advice would be appreciated. Thanks

Hi Im new to the site and am looking for some advice so apologies if this is posted in the wrong section. A few years ago I had a unsecured loan and overdraft from Halifax. I became ill and unable to work, did not have insurance and was unable to pay the outstanding money. Stupidly at the time I ignored the letters of demand and eventually they stopped. I obtained my credit file from experian about 15 months later and noticed that two defaults had been registered against me for each debt { the date of defaults was Aug 2002}. As far as I am aware this should remain on my credit file for six years from the date that the default notices were issued, can somebody just confirm that for me please? Also will it automatically be removed from my file or do I have to make an application to have it removed?? My main problem seems to be that since the deault was issued in 2002 that I have had no correspondence from Halifax at all, in fact I was not notified of the actual default notice, had the threatening letters which I ignored but never a letter to say they had gone ahead and filed one. The debt now appears to have been sold onto debt collection agencies, since 2002 I ve had various companies write and threaten home visits, bailiffs court action etc if I dont repay the debt, normally I write back 3 or 4 times explaining my position, inability to pay and request that they cancel the debt, I never normally hear back from them after about my 4th letter then normally 9 or 10 months down the line a different collection agency contacts me about the same debt and the cycle starts all over again. The latest debt collection company wrote to me this week and I have replied to them explaining the above, just out of couriosity I obtained a copy of my credit file and it shows the debt still listed as to the Halifax, same default date but says that is settled with a part payment, now I havent made ANY repayments so I presume this part payment is the payment received once my debt was sold on?? I can handle the debt agencies but my query is this, once the six years is up although the Halifax arent the ones chasing me will these debt agencies continue to keep passing my debt around?? None of these agencies are listed ANYWHERE on my credit file / report? Hope this all makes sense, thanks to anyone who can help me Thanks Jem x

In a bizarre twist today (because last week I illegally had my car repossed, the finance company, Welcome, didn't have a court order and I have paid well over a thord of the HP agreement), I got a letter from Bramber of Steyning who state that I owe MCE Portfolio Ltd. £6325.31, the originating client being British Credit Trust Ltd for a previous car I had (not the one from Welcome Finance) The £6k+ was the balance owing on a HP agreement some years ago after they repossessed the car and sold it at auction. However they did not obtain a court order (not to my knowledge anyway) and I had paid, by the skin on my teeth, JUST over the neccessary third (around £3000) that meant that they should have obtained that court order. I will be writing to tell them this how do I best report them? they have been phoning me every single day for the past few months and leaving messages on my home and mobile numbers, sometimes several times a day and the calls - which I refuse to answer - have become more and more frequent. That can't be legal surely? EDIT: Having had a quick look at my file Bramber have been on the case for over a year, and have rung me incessantly during this time. They must have made literally thousands of phone calls. I got a final demand from them as long ago as 6 May 2006, then they were apparently claiming the money for MIM Servicing LLC but still quoted the originator as British Credit trust. Other debt collection agencies that this has been through are Central Finance Ltd and Marlin