defaults on my credit file

[billie_32]

You need to do a CCA request to the account which is still with the original creditor.

 

Are the remaining 6 debts with Debt Collection Agencies and do you know which ones?

 

Sorry for being think what is a CCA?

yes the other 6 are with DCA, 3x Westcot 1x Equidebt 1x Link 1x Lewis Group

 

Westcot offer a Full & Final on all 3 but 2 of them with just about 10% off the other one 50% off and Equidebt offered 50% off as well.

[Jamesx81x]

It is a request under the Consumer Credit Act whereby they have to provide you with a copy of the original agreement, default notice and statement of account.

 

The link for template is http://www.consumeractiongroup.co.uk...request-letter

 

You can even send one of these to each of the DCA's

 

It is not a way of debt avoidance but it will let you see that everything is in order and correct. Also if they do not comply they cannot enforce the agreement until they do

 

Costs £1 for each one and a good idea to do

[Jamesx81x]

Your Address

 

Date

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

(DELETE THIS BELOW IF YOU ARE SENDING THE LETTER TO THE ORIGNAL CREDITOR AS OPPOSED TO A debt collection AGENCY)

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

[billie_32]

Your Address

 

Date

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

(DELETE THIS BELOW IF YOU ARE SENDING THE LETTER TO THE ORIGNAL CREDITOR AS OPPOSED TO A debt collection AGENCY)

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

Thank you for this, do you think by sending these they might upset the agreements I have already got? I know that the money has been spent (mainly by my ex) and I want to pay it back I don't want to make my situation worse

[Jamesx81x]

It wont make it worse, as you are not refusing to pay it back

 

You really need to make sure everything is in order to make sure you are not been diddled.

 

Just make token payments while it all gets sorted, even if it a £1 per account, give yourself some breathing space

 

As i said if they do not comply then they cannot enforce simple as that, and you need to see the terms of the agreements etc and that the default notices are legit

 

This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

Add copy of default notice and statement of account to this section too

 

You could save your self hell of alot of money by doing this.

[billie_32]

It wont make it worse, as you are not refusing to pay it back

 

You really need to make sure everything is in order to make sure you are not been diddled.

 

Just make token payments while it all gets sorted, even if it a £1 per account, give yourself some breathing space

 

As i said if they do not comply then they cannot enforce simple as that, and you need to see the terms of the agreements etc and that the default notices are legit

 

This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

Add copy of default notice and statement of account to this section too

 

You could save your self hell of alot of money by doing this.

 

Thank you for the advise I will get this sorted and see how it goes, I suppose at the end of the day I have nothing to lose.

[Jamesx81x]

No you dont and potentially alot to gain

 

Remember to send each one by recorded delivery.

 

This is what is laid down in the Consumer Credit Act and advised by the Office of Fair Trading

 

The period within which the duty must be complied with is 12 working days after the request is received. This is set by the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 [sI 1983/1569]. Since the period of 12 working days runs from 'after' the receipt of the request, when calculating the period the day the request is received is not included. However, the information must be given (that is, sent) 'within' the period, so that the calculation of the period will include the day the information is sent.

 

Basically this is saying once the 12 days is up(the period they have to meet the request) then after that they lose the right to enforce the agreement against you until they comply fully with the regs.

 

Give your letters a go and let me know if you need any help

[billie_32]

No you dont and potentially alot to gain

 

Remember to send each one by recorded delivery.

 

This is what is laid down in the Consumer Credit Act and advised by the Office of Fair Trading

 

The period within which the duty must be complied with is 12 working days after the request is received. This is set by the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 [sI 1983/1569]. Since the period of 12 working days runs from 'after' the receipt of the request, when calculating the period the day the request is received is not included. However, the information must be given (that is, sent) 'within' the period, so that the calculation of the period will include the day the information is sent.

 

Basically this is saying once the 12 days is up(the period they have to meet the request) then after that they lose the right to enforce the agreement against you until they comply fully with the regs.

 

Give your letters a go and let me know if you need any help

 

I am trying to copy your letter and its not working so I starting to get STRESSED!! LOL

 

Thank you so much for your help, I feel better already just by talking(?!) to someone! I do feel very embarrassed by it all but I know I cant keep living with this debt

[Jamesx81x]

Nothing to be embarrassed about

 

Its just learning to get on over on the leaches that call themselves DCA's as they will happily bleed you dry.

 

The requests are your new starting point

[billie_32]

Nothing to be embarrassed about

 

Its just learning to get on over on the leaches that call themselves DCA's as they will happily bleed you dry.

 

The requests are your new starting point

 

Do you think this will effect the PPI request I have sent?

[Jamesx81x]

No not at all totally different ball game

 

Did you have an accurate figure of the PPI you paid when you made the request?

[billie_32]

No not at all totally different ball game

 

Did you have an accurate figure of the PPI you paid when you made the request?

 

No I haven't got any statements or anything, I have just gone with the ' anything is better than nothing'

[Jamesx81x]

Once you get the loan agreement all the relevant details should be listed on there so not too much of an issue regarding the total amounts.

 

Fire off your letters and let me know the responses you receive.

[billie_32]

Once you get the loan agreement all the relevant details should be listed on there so not too much of an issue regarding the total amounts.

 

Fire off your letters and let me know the responses you receive.

 

Thanks again, I am hoping to sort them out tonight or tomorrow. I will let you know if I hear anything.

 

Do you know any one who has hear any good news about PPI refunds?

[Jamesx81x]

Yeah anybody who claims as the banks lost their battle in the High Court so they have no option but to pay out

[billie_32]

Can anyone help with the wording for my letter to Capital One? I am not sure how to word it without looking stupid!!

[silverfox1961]

I will have a go. Bear with me

[silverfox1961]

Now, this is just a rough draft. Hold off sending it until you get further input from the guys.

 

FAO Data Controller

Capital One (Europe) plc

Trent House

Nottingham

NG2 3HX

 

 

Dear Sir/Madam

 

 

Account Ref:

 

 

Having recently checked my credit file, I notice that Capital One have placed a default on my credit file dated 6th July 2007. I am of the opinion this is incorrect.

 

 

In early 2002, I entered a Debt Management Plan (DMP) with and yourselves. This debt was paid in full on 6th November 2006 and the account was closed rendering any contract between us cancelled. This has been confirmed to me by my Debt Management Company.

 

 

I believe this is in breach of the Data Protection Act 1998 for the reasons below:

(a) The debt was paid in full

(b) Any permission I gave you to process my data ceased on closure of the account.

 

 

How you can place a default on my credit file a full 8 months AFTER the account was closed is beyond me and I also believe this may be defamatory to my credit status.

 

 

Please supply me with a full explanation as to why you have acted in this way so that I may gauge what further action I may wish to take.

 

 

I look forward to hearing from you.

 

 

 

 

 

 

 

 

 

 

The address I have put above is their registered office (they used to be in London). I would recommend you sending this by Recorded delivery

 

If their is anything I have missed, just edit it in

[billie_32]

Now, this is just a rough draft. Hold off sending it until you get further input from the guys.

 

 

 

The address I have put above is their registered office (they used to be in London). I would recommend you sending this by Recorded delivery

 

If their is anything I have missed, just edit it in

 

Thank you so much!! I am going to ask for the £7 odd plus interest as well.

[BRIGADIER2JCS]

I would add the heading FORMAL COMPLAINT.

[silverfox1961]

I would add the heading FORMAL COMPLAINT.

 

Good point. They then have up to 8 weeks to get it resolved before you can take further action

 

I would also contact the Credit Reference Agencies as well disputing the default

 

PS

For some reason, I can't put your name and address in the right place. It should be on the right of the page

[billie_32]

I would add the heading FORMAL COMPLAINT.

Thank you

[BRIGADIER2JCS]

Please let us know when you get their response Billie.

[billie_32]

Please let us know when you get their response Billie.

 

Thank you, I will keep you posted!

[billie_32]

Please let us know when you get their response Billie.

 

Hi

Just to keep you updated, I have received a letter from Cap 1 saying that they are looking in to the issue and I should receive a reply in 4 weeks