Advice need urgently with my debt

[maroondevo52]

s77 Fixed sum credit such as loans, s78 Running account credit such as credit cards & catalogues and s79 Hire agreements.

[buzzard10]

Thanks!

[buzzard21]

I am just about to print these letters to send but I have another quick question, on the cca request letter where I need to change the "s.77(1)" to "s.78" do I need the "(1)" as well and is it still "of the Consumer Credit Act 1974." or a different date?

[buzzard21]

bumping.............because I want to send these letters today and don't want to make a 'silly' mistake, thanks!

[buzzard21]

UPDATE: I have now heard from 3 of my 4 cards.

 

1st one - has replied with a signed application form, up to date terms and conditions and a copy of my most recent statement.

 

2nd one - has also produced a signed copy of my agreement and has also sent a default notice, which seems to be in order with regards to dates etc. but no copy of the oft form. I need to pay the arrears on it by tomorrow.

 

3rd one - is saying that they can't respond to my letter because I didn't sign it and that I have to phone their specialist tean. They need to do this to protect the security of my account.

 

Should I phone them all and make a token monthly offer of payment?

[comebackjimmy]

Hi Buzzard

 

No phone calls. Not ever.

 

Make copies of everything you have received, on the copies delete personal details, not forgetting little codes and bar codes that exist in the margins that can be used to identify you and get them posted up here.

 

I am not an expert but going ONLY by your comments:

 

1st One: An application form is not necessarily an agreement, up to date T&C's do not apply to your original agreement as it is years old. You should be given the T&C's current at the time you took out the agreement. Could well be they have failed to comply with your request.

 

2nd One: An application form is not necessarily an agreement. May not have complied with your request.

 

3rd One: As far as I am aware there is no legislation specifically requiring your signature, so this is their problem. However, there is nothing in my view to stop you sending a recent utility bill with an accompanying UNSIGNED letter saying you wont provide a signature or communicate other than by written means but the bill should be sufficient to demonstrate your identity. Currently they have not complied with your request.

 

Wait for more CAGers to come on here and amend my suggestions.

[buzzard21]

I shall get them scanned in today.

 

I made a mistake on the '1st one', I put that they had sent me 'a signed application form' that's what it looks like, but I have just noticed that it says 'credit agreement' on the top of it, but then there is also a seperate 'credit agreement' sent to me, which makes me think they have simply added the wording 'credit agreement' on to the app form. Let me know what you think when I post it up?

[comebackjimmy]

Get them all posted up.

 

I am not an expert. I hope other more expert eyes can have a look and comment.

[buzzard21]

Hi Buzzard

 

No phone calls. Not ever.

quote]

 

They have phoned numerous times, but I've never answered.

 

Here are all the details sent from the '1st one' I have deleted my signature too in the application fomr, but it is there!

 

Hope they all come out ok. There are 8 althogether so I will post some on next post.

[buzzard21]

just seen them and they are obviously not large enough, will try to re-do them

[buzzard21]

[buzzard21]

[harrassed senior]

Just jumping in here, with regard to their 'request' for your signature. You can respond that they have already chosen to discuss 'your' business with 'you' at 'your' address, so if they feel that is all that is required to meet their requirements under Data Protection Protection rules so it works both ways!!

 

I have not put that clearly but I am sure someone who is familiar with the 'template' for this response will be along shortly.

[buzzard21]

thanks harrassed senior, I shall wait for someone to come and assist me with that letter, i've had a quick look in the templates, but can't seem to find anything

[zingy]

Buzzard,

 

If you're looking for a letter to reply to their signature then you can use no. 19 from these list of templates: The Consumer Forums - Debt collectors

[buzzard21]

Thanks for that Zingy, however after reading through it I noticed that it says "Further, I note that you have sent statements and correspondence containing sensitive private information to me at my address as that detailed in my s.78(1) request. If you are concerned that you are corresponding with the correct person I wonder why you have not verified the information before." but I have only just changed address and they haven't sent me anything at my new address.

 

Shall I just delete that paragraph and the one after it?

[zingy]

Thanks for that Zingy, however after reading through it I noticed that it says "Further, I note that you have sent statements and correspondence containing sensitive private information to me at my address as that detailed in my s.78(1) request. If you are concerned that you are corresponding with the correct person I wonder why you have not verified the information before." but I have only just changed address and they haven't sent me anything at my new address.

 

Shall I just delete that paragraph and the one after it?

 

 

That depends on what you have received from them. If you've received any information relating to this account with your address on and account information then use that, or if one of your other accounts is the same creditor then you could adapt the above paragraph and include the details of the other account.

 

Otherwise, I would just delete the paragraph and send recorded.