Hello! I've recently been HOUNDED for £412 from a company called portfolio recovery associates every day for the last couple of months. They leave a voicemail (pre recorded) when I'm out and when I answer it's a robotic voice saying they would like to speak to me, then it connects to an operator....I thought this was illegal?! Anyway I contested the debt as there's no way I owe £412 to anyone and demanded for them to send me a credit agreement. They sent one, and it says I borrowed £80 from Wonga a while back. The woman on the phone said it's gone up to £412 due to added fees...there is no mention of this in the "credit agreement" only the £80 that was apparently originally borrowed. So my question is this....would I legally have to pay the £412 even though I have no proof that this is the amount Wonga require as there's no mention of this amount?! I mean, PRA could have changed the figures themselves couldn't they? And it's a 3 year old debt...have they stalled the default due to them maybe not having correct proof? And what makes a credit agreement a credit agreement? Thanks for your help typed this on my phone and probably doesn't make a lot of sense! Thank you

Hi My parents ran into some financial difficulty a number of years ago with Lloyds TSB. Lloyds closed the accounts and my parents reached an agreement with them to pay a monthly amount on the debt. In 2012, Lloyds sold the debt to Cabot Financial. My parents continued paying the agreed monthly sum and have never missed a payment. Cabot have now written to them saying: "We can confirm that we hold three Lloyds TSB accounts in your names. The accounts were grouped as one consolidated loan, when the accounts were originally with Lloyds TSB. The payment that you were making was being split pro rata across these accounts. However, now that Cabot Financial owns these accounts, they have been separated and we now require a repayment arrangement for each account." My (terminally ill) parents don't want to deal with this at all - they've handed it to me and just want to be left alone. I've not spoken to Cabot yet but wanted some advice before I do - I guess the key question is can they change the terms of the original agreement for this reason? TIA

Back in October 2013 I wrote Lowell and requested a copy of a credit agreement before I agreed to set up a payment plan, I sent the required postal order £1 fee They wrote to me twice in October and once in November telling me they had put my account on hold as they were still trying to a copy of my credit agreement. It is now February 2014 and I have not heard from them, do I write to them and see if they have found it ? Do I leave it and wait until they contact me ? Can I say because it has gone past the 12 days and they have not found my agreement can they write of my debt ?

Hi I have looked all over including on the forums and not been able to find an answer to this particular question, Some years ago I followed the advice on here regarding a pre-2007 catalogue debt. I requested the credit agreeement which was provided to me and it was unsigned. I assumed this was the end of it as I stopped receiving letters and then since moved house however the letters have now started up again I have scanned copies of my original letter their reply and the unsigned agreement to send to them but I am completely stuck on the wording of this in terms of what I am actually asking them to do? Am I asking to acknowledge that the debt is unenforceable and therefore want written confirmation that the debt will be removed from my credit file? Unsure of wording and what the next steps might be, any help greatly appreciated!!!

Hi. I have read posts on here previously which have been similar to my situation. I signed up for a 2 year membership of toning suite, part of a gym. The credit agreement is with Ashburn and gives no way out! I think their agreement is probably all legal and valid. I wrote to the gym explaining that due to worsening medical problems with my hands I would be stopping work and therefore unable to afford the second year but would pay the difference between a one year membership and half a two year one. At first my letter was ignored so I wrote again and have now heard back from the finance company (as the gym had contacted them) basically saying they may only consider a cancellation (goodwill) on production of letter from consultant saying unable to exercise which isn't really the point. I had mentioned the OFT 2011 case and also the fact that it had been ruled(?) that contracts for more than 1 year were unfair and should provide for cancellation. I am trying to compose a reply and would be glad of any help

I signed off a while back as I found some temporary work. I had my interview today regarding signing back on and while I was expecting it to be problematic, I wasn't expecting it to be as bad as this. There were three changes to my job seeker's agreement that I disagreed with: 1. On my old agreement I had Saturday down as a non-working day due to other commitments. I'm now being told that I have to work on a Saturday. I was told the only valid reasons for not working on a Saturday are if you have children to take care of, or if you have a health problem that somehow prevents you from working on a specific day of the week. As it wasn't mentioned, I asked what would happen if somebody had a religion that meant they wouldn't be allowed to work on a certain day of the week. I was told that they would have to work on that day! 2. 'I will apply for every job I am capable of doing within 90 minutes by public transport.' was entered. I asked what would happen if on one particular week I had applied for over 100 jobs and they happened to find one I hadn't applied for. 'You would be sanctioned' was the reply. Needless to say I can't possibly agree to this as it's designed purely to sanction me and the odds of me overlooking at least one job are very high. 3. 'I will create an account on Universal Jobmatch and upload my C.V. by my next appointment' was entered. 'I don't consent to the use of tracking cookies' I said. 'What does that matter?' was the reply. I told them that there is an EU law which states that you cannot force someone to accept tracking cookies, the UK is in the EU, so the law applies. They told me I could use their PCs or the ones in the local library. I told them I had privacy concerns about entering my data into a public computer. The new agreement actually has less stuff on it. According to my old one I have to apply for 12 jobs a week, whereas this according to this one I only have to apply for five. A whole host of other tasks have been removed as well. Whereas before I was doing around 30 things a week, the new one only has me going on UJ 7 days a week and applying for five jobs in written form. The advisor wouldn't allow me to keep my old agreement and insisted that I sign the new one. I told him that I couldn't possibly agree to something that was designed to sanction me and I didn't consent to the use of tracking cookies. He ended up sending off my old agreement and his new one as a disputed job seeker's agreement, for a decision maker to decide which one is better. I've been told that I sign on as normal in two weeks time and that I will be informed of the decision maker's decision via post. I'm sure I know what the decision will be... I have some questions: 1. What happens regarding my benefits during this period? Will I receive nothing until I sign a new agreement? If I sign a new agreement will I receive the money I should have received during the period where the agreement wasn't signed? 2. Am I correct in assuming that I stick to my old agreement? The advisor I saw today told me two conflicting pieces of information. 'You don't have a job seeker's agreement until you sign a new one. Once you close a claim your agreement is void' and 'Until you sign a new agreement your old one remains in place'. When I pointed out that he'd contradicted himself and I asked for clarification on which of the two was correct, he refused to answer my question. 3. What happens if the decision maker decides to stick with his one? I see little point in signing something that will get me sanctioned whenever they decide they want to sanction me.

Please take a look at this Credit Agreement and help My problem is that a. I do not have the bank statements from that period of time and am unsure if I paid the PPI or not. b. Am worried that a PPI complaint and an FOS Questionnaire from my side can backfire if the loan was settled before PPI kicked in. Could the lender in that case take me to court? Or is it looked at as human error. What are my odds and options? Thanks. Autumn

Hi I have had problems with Fifty plus so I sent them my £1 PO and requested an original copy of my CCA They have responded saying When responding to a section 78 request, a lender does not have to provide a photocopy or other literal copy of the executed agreement nor provide a copy bearing or some other proof of the customers actual signature. There is no legal requirement to provide you with a copy of the deed of any assignment. A notice from the assignees, is sufficient under the Law of Property Act 1925 to require you to pay the assignees. This will not carry your signature, as debts are freely assignable without this. So is this correct that they do not have to send a signed copy of my CA your comments please bob

Hi, I am writing this to see if anyone can help me with a problem I am experiencing with my fixed term tenancy agreement at my student accommodation. I suspended my studies at university a few weeks ago, and I lived at Malik Halls student accommodation, which is across the road from Bradford University. I left through severe feelings of homesickness and felt that I had to suspend my studies incase I became ill with the worry. I phoned up Malik Hall's offices and spoke to the manager, and I explained that i am currently unemployed, receiving no Job Seeker's Allowance as of yet, and neither of my parents are employed. They expect me to pay up the rent until they can find someone to replace my room, but if not I have over £1,000 to pay up. I am in no financial position to be able to afford this, and was wondering what I could do? Many thanks.

Hi, I am trying to come to an agreement with a Payday loan company they have asked me to provide a list of creditors of whom I owe money to. Should I provide this to them?I want to get this agreement setup for piece of mind and wellbeing. Thanks

Hi I have written to the Halifax to request validation of credit card debt (£7800) and asked for a certified copy of the original credit agreement. They have sent me a photocopy of the "original signed application form" and a "reconstituted version of the original agreement". The form was dated 7 July 2006. Is this 'agreement' enforceable? Thanks

Good morning. I was wondering if someone has the definitive answer to this one: Is it still the case that a supplier has to have a consumer's signed agreement before they are allowed to share the consumer's information with a credit reference agency? I have had an electricity and gas account with utilities supplier "Eon" since April 2011. It was arranged over the telephone. There is no signed agreement. When the account was opened over the telephone they did not ask me to confirm that I agree to allow them to share my information with a credit reference agency, or indeed any other third party. For the record, they also didn't state that they would be doing this at all. From googling around they seem to be receiving quite a number of Injunctive Relief Orders from customers who believe that Eon has committed a breach of the Data Protection Act by sharing their info with Credit Reference Agencies, and appear to be being successful in having the account and all data removed from their file. If they are actually legally allowed to share my information with credit reference agencies, I believe they have made some mistakes with my account and I am struggling to get them resolved. 1. My account began in April 2011 when we moved into the property. According to Experian it didn't begin until 6 months later in October 2011. 2. There are no payments, no information whatsoever recorded in the months between the incorrect start date of October 2011 and May 2012 inclusive. 3. There are 4 red "payment late" boxes recorded on the account between June and September 2012 4. There is no information recorded in the boxes between October and December 2012. We were late for the payments between June and September 2012 - A combination of being outside UK and a regular problem with post not arriving. This was resolved in December and we are no clearing the balance by direct debit. The first payment was made in December. In a call to Eon this morning, I pointed out the incorrect account start date, and that in every other credit account that I have recorded on Equifax, both the positive and the negative information is recorded - So any payments that are made are shown in green and any payments that are late are shown in red. I also pointed out that as this is not the case it looks to anyone checking my file that I have made absolutely no payments in the history of the account. Whilst all of my other credit history is excellent, this one misrepresented account it causing my credit score to be recored as "Very Poor". I also pointed out that even if they had recorded all of the payments that I HAD made on the account, that because the account opening date was incorrectly reported by 6 months on my Equifax report, that ratio of payments made on time against those that weren't made on time over the incorrectly reported period of the account would also be inaccurate and look worse than it actually is. The CSR I spoke with spoke a lady in Credit Reporting. The CSR came back to me and gave me the following answers via the lady in Credit Reporting: 1. Eon are aware that the start date of customers accounts are incorrect on Equifax. Apparently if they change the date at their end it reverts back to the incorrect date the following month. 2. As Eon didn't have a payment agreement with me at the time, they are unable to record the payments I made on my account. I pointed out that if not having a payment agreement with them excludes them from being able to record the payments I have made in the months I have made them, then surely it also excludes them from recording the payments I haven't made in the months I haven't made them.........Apparently it doesn't work like that Sir, although no further explanation could be given. 3. I agreed in November 2012 to pay off the balance that was owed along with new usage monthly by direct debit beginning on December 3rd. Despite now having a payment agreement with them, Eon states that they do not display any information on any monthly payments that have been made by customers.....Only those payments that aren't made....So even with a payment agreement they're still only reporting the negative payment information and not the positive......Surely this isn't correct. No other organisation with whom I have a credit account reported on Equifax behaves like this....They record good and bad to give a fair and accurate picture of my credit worthiness. Eon's behaviour just makes their customers look bad, even if they pay. 3. Eon reckons that the Data Protection Act allows them to share customers information with third parties including credit reference agencies without a signed contract or agreement with a customer because they point out that they will be doing so in their terms and conditions. Even if that is the correct interpretation of the law and no signature or agreement by the customer is required, as far as I am aware Eon only started doing this in 2012 - They started supplying with gas and electricity long before this in April 2011 - I wonder if the fact that the account incorrectly shows that it begun 6 months later in October is something to do with the law changing? Either way, I have never signed any contract or agreement with them of any kind. They never asked me if I wished to allow them to, or stated that they would share my information with any third party or credit reference agency when I started the account in April. I have been advised by their CSR to write to the Ombudsman, or report anything I am unhappy with to Equifax who will report it back to the lady in Eon Credit Reporting. Apparently it's pointless writing directly to Eon Credit Reporting - It smacks to me that Eon is chucking any old nonsense on Equifax reports, and relying upon Equifax to resolve their mistakes for them. In the meantime, my credit rating is being seriously screwed up by one organisation's ineptitude. Do I have grounds to threaten Eon with an Injunctive Relief Order? It seems to me that any other path could take a long, long time, and I would quite like to apply for a mortgage NOW!

Please, could anybody help with some advice. If an agreement was defaulted s87 1, then Terminated, then proceeded to court, and at court an order was made to adjourn with a liberty to restore, would................... 1) the agreement be restored. 2) The Termination revoked 3) The Default removed The way I see it, if the agreement was not put back prior to the creditors actions, then surely the account would still be terminated, am I right or wrong. Thanks. Happy New Year !!

Can anyone explain me why COT3 agreement (brokered through ACAS) does not require the claimant to take an independent legal advice and Settlement Agreement does? The ACAS conciliator does not provide any advice on the terms of settlement, so it must be a clear disadvantage for an unrepresented claimant to go via ACAS(COT3) then?

Hi all, Could you please tell me if this credit agreement is enforceable? 1st credit are chasing it and have placed default against my name for 474£ The problem is i don't remember taking loan from cash euro net uk/quick quid! It took 1st credit 80 days to send me the credit agreement. I'm still waiting for default notice from them. Thanks kb

Hi Im currently having trouble with a company called opm who called me the other day i was lead to believe this was in fact Google who i was dealing with as i do place my business on the servers regarding maps and rankings ad words e.t.c. the lady then transfers me to a gentlemen who now states i in a legal binding contract with them as soon as i got of the phone i emailed to the team and said i was interested in any marketing as already market my business and i may be closing the business and threre no need for a 284 bill well invoice not even 2 hours and they say i have a contract with them and if i dont pay then as a soletrader they will send me to court to get the funds but i have clearly stated that i dont wont or need this service i thought i had a 7 day cooling off period but as far as they say there final ans is the there and i must pay im so upset about the emails received and the level of customer service im going to the oft but i need to no do have the right to cancrl for goods i dont wont as this is a invoice and they have no details of mine regarding banking its just the way they have spoken to me i have all the emails they have sent me and i need to no what i can do as i sick to death of being bullied i trying to sort my debt and mental issue out and trying to start a business and i just cant take any more debt on please advise. thabks

Hi all, I'm posting this on behalf of a friend who has no internet access. She has been receiving letters for about three years from a well-known debt buyer whom she doesn't want me to name. She's very nervous about anything being on the forum. She took out a credit card in the 80s and could not afford to pay when her circumstances changed several years ago. First she got letters from the bank, and then they sold it on in 2010. She has only just told me about this. Apparently the debt buyer has written to her many times and they have sent a microfiche copy of one side of her application on many occasions too. It's headed 'Credit Agreement regulated by the Consumer Credit Act 1974 and appears to have the prescribed terms. They have also sent the back of another agreement from around the same time. It's clearly not the back of the application form. At one point the debt buyer passed the account on to their nastier debt collection department but it's now gone back to the main office. Obviously she's been very worried about this. Can any of you think why they are not enforcing? Could it be because they only have a microfiche? Thank you. DD

Hello all I would like some advice into how I can successfully contest a job seekers agreement. I went for my first interview and whilst the advisor went through the types of jobs and time restrictions ect, to which I agreed to. A print off was then given for me to sign. What had been added was I must spend 6 hours a day job seeking and write to ten employers a week. I was never asked if I agreed to this. I have every intention of finding a job, i am concerned that it would be difficult for me to prove what constitutes as 6 hours worth of jobseeking, if at any point it is decided I have not done that. As we all know job seeking is demoralising, depressing and energy sapping and I am sure occasionally I may fall not stick rigidly to the agreement as we all need a break. I have been job hunting since May but only just signed on and after applying for many, most do not even reply as to whether your application was successful or not. I sometimes find I need to take some time to re-energise myself and re-motivate myself. I do not know how the decsion has been made that I should do 6 hours a day job search and under what basis it was made. I feel that the the advisor just picked the numbers out of thin air. I believe that the job seekers agreement is used purely as a tool to beat you with and stop your benefits when you find yourself in a down time after so many rejections. I wish for it to be reduced to a level that even when I am feeling down I am still able to adhere to it. Would the reasons I give above be good enough reason to have it changed?

Bit of a mixed bag this one but hopefully I've posted in the correct sub forum. I received a phone call last year from Arden Credit Management from a loan taken out in August 1998 which They say I still owe around £6000. As I hadn't made a payment to this since 2004 I informed them this was statute barred and never heard anything more until this year apart from some statements through the post. This year the began getting a bit more aggressive in demanding the money, to which I informed them the load was statute barred and there was nothing they could do. The advisor on the phone agreed there was nothing legally they could do but they will continue to pursue the money. I then asked for a copy of the credit agreement and expected to hear nothing more, but this morning I've received a copy of the agreement and now want to try and claim my PPI back on this as it was a stipulation of me getting the loan. Can anyone let me know where I stand on this? My loan agreement reads : Loan £8000 Repayment protection premium £2434.53 Total amount of loan £10434.53 Interest £4983.67 Admin fee 0 Total charge for credit £4983.67 Total amount to pay £15418.20 APR 17.9% 60 payments of £256.97 I'm in Scotland if this makes a difference. Thanks

Hi Am in a running battle with Nationwide and various collections agencies since 2010. Now ARCEurope have written to me and advised me that as the account I hold was a Flex Account and not a Credit Agreement there is no Consumer Credit Agreement. Is this correct, seeing as I had an overdraft on the account. Any one else had this? They are also asking for a full financial statement from us, which I dont really want to give. My argument is that I had an authorised overdraft-limit of £300 that I had used to the limit and was in the process of paying back, when Nationwide took a large amount off the overdraft reducing it by £100 and then started charging me with what they called unauthorised use of the overdraft each month. I have been arguing this since July 2010. I am about to write to Nationwide again asking if they will refund the unauthorised charges and then I will conisder a payment plan to to repay the outstanding amount. Any thoughts

Hello All, Please provide some advice on the following; I had a car stolen in February 2013 which I reported to both the police and my insurance, I have never received a crime reference number and the insurance have refused to make a payment with out one. The car has been recovered this last week and a formal complaint has been made to the police reference to the crime number as we still do not have one. Who can I recover uninsured losses against ? As my excess is 3 K does this cover the total losses or if I have lots of small bills is each bill treated as a separate issue? Thanks for any help

Hi All I really hope someone can advise me! I entered into a rent to buy agreement in August 2011, paid an 'option fee' of £15,000, and have religiously paid my rent/deposit for my house each month. The contract expired in last year, and a new contract was offered to me in July. For various reasons (illness) I was unable to respond for 2 weeks, so my LL rings me and asks if all was well?? I explained not really, I was very ill and had taken time of work etc etc. He offers my a short term tenancy (just an email) for 4 months (where I pay £600 less), with the option to go back to the original rent to buy agreement if and when my situation improves. I have informed my LL twice (via email) during this period that I would like to go back to my original agreement but now he says he wants to sell the property and would be serving me notice!! Can somebody please help me with advise??!! I'm really stressing out as I just wish I had signed the damn contract in July!! Many thanks

Hi, After 14 years paying a privately agreed amount for my daughter, my ex is now wanting double the amount and threatening to go to the CSA if I don't pay up. The unusual bit is that I didn't see my daughter for the first 13 years of her life and have recently found out that she didn't have custody of our daughter for 6 of those years (the ex was/is an alcoholic and drug user when she lost custody). Because I didn't know this, I paid her all those years. I wouldn't mind paying a bit more if I thought the money would be spent on my daughter but I don't believe it would be and I really cant afford what the CSA calculator says I should pay. Could I use the fact that she had 6 years worth of maintenance off me as leverage to stop her bleeding me dry? Any help/advice would be greatly appreciated. Thanks

hello there, I have got hire purchase agreement on a car with Welcome Finance comp. on 17th May 2006. I had kept it for about 12 months and then had voluntarily terminated the agreement by calling them and asking to collect the car. They had come and collected the car in excellent condition. After in June 2007 I have received a letter asking to pay about 5000 pounds that is overdue from my contract. I had called them and started to negotiate on the price saying that I will not owe anything because i had paid already around £5300 (including £800 cash deposit). the payment for a month was £370.30(including insurance) there was credit of£3323 for insurance and credit of £7799 for the goods, total coming to £11122.37. agreement signed for 48 months with a typical APR 28.6%. so after the added APR total amount came up to £18674. Termination rights of agreement says that if i had paid 6667.12 of the goods amount and returned the car in reasonable condition i don't need to pay any more. Apparently from amount I paid £5300 almost a half is only for insurance and the rest if for the goods. Long story cut short: I have received court claim form on 5th of June 2013 asking me to pay £5084. And I had not been in contact with them from june 2007. Could anyone please help to deal with this situation? I have no idea how to. I have to respond to court till 1st of July .Maybe anyone can check the agreement if its legal? I went to CAB and they told me to seek solicitors advice on this agreement because its old and it might be with the way they count APR on insurances and stuff.. please find my attached agreement. I also aim to claim PPI as it was mis-sold to me on this agreement as well. Any help is much appreciated thank you nick

Hi, i would like to fill you in on what happened 15 years ago. Our 17 month old daughter was diagnosed with Neuroblastoma cancer, we were informed she had a 5% chance of survival . We went to see the manager at Lloyds TSB to inform them of our circumstances and to ask that no phone calls were to be made to us; all correspondence was to be in writing. The bank ignored our request and rang us on numerous occasions and just 5 minutes after finding out our daughter had only a week to live; Sadly she passed on at 21 months old. The bank carried on ringing and demanding payments ( we have the letter from 15 years ago from the bank admitting this ). We feel that all the payments made so far were under distress. There have been 5 different collection agencies contacting us, each one we have had to explain our situation again which distressed us more. We have been asking Lloyds TSB for the past 10 years for the original agreement, Westcott took over the collection in November 2012 and we stated that we did not nor ever owed them the money that they requested and that all payments were under duress. We requested the original documents once again, Westcott replied that their client Lloyds TSB doesn't have any documents or copies Westcott sent us a letter saying that as far as they were concerned the matter was finished and that we must continue paying. On the 20th of November we replied stating they had no right to request money without the original agreements and as far as we were concerned the matter was still in dispute until Lloyds TSB contacted us; Still awaiting a reply. We received a letter from Morecroft collection agency in June 2013 stating that their client had registered a default against my Credit score without any warning. We contacted the ombudsman as Lloyds TSB refused to discuss the whole matter; The Ombudsman then contacted Lloyds and told them they must resolve all issues. Lloyds TSB phoned up i have asked for no more phone calls and to have all correspondence in writing, it is very difficult to discuss the matter to every different person that rings as it is very distressful for me and my partner. They decided to ring up today ignoring all my requests yet again, I asked to speak to a manager; she then insisted that she was the manager. When i asked to speak to somebody higher than herself she wanted to know exactly why; i had to go through all the stress of explaining what happened 15 years ago. I then asked to speak to her superior as i had no confidence with her dealing with my complaint. She refused to let me speak to anybody higher than herself. I contacted the Ombudsman to inform them of Lloyds TSB were refusing me contact with the manager; Can the bank refuse me access to their superior ? Can they put my default on my credit record while under dispute and without a true copy of the original agreement ? How do i obtain any information they hold on me/my account ? I originally opened up a complaint in 1998 about the way i was treated, I had to deadlock the complaint due to the mental distress it was causing me. The ombudsman awarded me £250 which i refused as the complaint was not complete. Please advise me on what to do