Carousel Of Doom

[bigshoes...bigsocks]

The sooner you obtain information the better as nearly all creditors are destroying data older than 6 years.

 

Excuse my ignorance but how is that a bad thing? No CCA/T&Cs/Agreements etc can only be a good think re: un/enforcability of debts?

[citizenB]

Excuse my ignorance but how is that a bad thing? No CCA/T&Cs/Agreements etc can only be a good think re: un/enforcability of debts?

 

It is unlikely they will destroy agreements, especially if they are compliant with the Act.

 

They will however lose statements (so if there are any charges they cannot be reclaimed).

[bigshoes...bigsocks]

It is unlikely they will destroy agreements, especially if they are compliant with the Act.

 

They will however lose statements (so if there are any charges they cannot be reclaimed).

 

again... devils advocate... are they not required to provide a full breakdown of any outstanding amounts. Especially if you have proof that hey did apply some charges to the account. How can they argue that the amount outstanding is accurate and not made up of charges?

[citizenB]

Within a CCA request, yes they are obliged to provide.

 

Copy or reconstruct of the agreement.

Terms and conditions from both inception and at time of default.

Statement of account showing how the amount claimed has been made up.

 

However, for the statement of account they will simply provide a list.

 

For any PPI or charges reclaiming you will need the the statements proper.

[Bandit127]

If a creditor is put to strict proof of the amount claimed, will a court only need to see 6 years worth of statements or can I expect the opposition to be required to go back to inception?

 

If the creditor has to go back to inception then a lot of debt will be unprovable. And a lot of CCA requests may also fail on the Statement of Account.

[citizenB]

Bandit, I doubt the creditor would be forced to go back to the first statement. Although I can see if an error was found on the statements that are provided then the debtor could possibly ask that the account be reconstructed from the beginning to see where the error first occurred. Which could maybe create some problems for the lender.

[Bandit127]

OK and thanks.

[Mr Worried]

Hi All, Well just as it says in the title 'To do or not to do' in connection with all my affairs to which most are displayed within various pages of CAG.

 

After spending a few hrs updating my varied paperwork

 

I have 'unfinished business'?

 

what I mean is that I have came across bank accts and cc statements with bundles of charges on them

 

one in particular has £40.00 per month on a £100 od thus leaving a balance of over £1400.00.

 

another cc (mint) which I still pay (bal £340) min payment approx £12.00 pmth, lots of charges from a few yr ago and I have never challenged this agreement?

 

House Repo from Last Jan 2012,

Nram got possesion and paid I would assume,

Future (secured loan) were chasing their bit prior to repo,

 

since last Jan I have heard Nothing from anyone??

 

surley I should know something?

 

obviously there were charges from both parties etc,

 

can I question these and get refunded.

 

A few accts are in dispute so would allow sleeping dogs?

 

I took out Motor Insurance with Auto net before xmas then cancelled due to their incompetance,

re fluffing up paperwork twice, they had £197 from my account,

now they have sent a dca after me for another £150.00?

 

I was furious before and wanted to break the golden rule by phoning them but thought I would seek advice here first, then put it in writing.

 

So fellow Cagers...To do or not to do????

 

Mr sometimes confused by the system, till dx comes along.

[caro]

Hi mr worried. I would suggest you do lots more reading, pick one small relatively simple claim, follow it through to conclusion so you can learn the processes involved before taking on the next one.

 

If you take them all on at once it can become overwhelming.

[dx100uk]

don't you pick on me this time of the morning............:lol:

 

prob best to update existing threads on the ones whereby you can do some reclaiming

 

as for the insurance issue

 

start a thread in the general motoring forum

 

just be aware your insurance might now be voided

 

dx

[Mr Worried]

Thank you for the replys, Seems daunting going through the process again but needs must! yeh the Insurance is void now as I cancelled it within the 14 days, they took payment on day of acceptance then messed up paperwork then asked for other charges etc?? I now have other insurances in place.

 

Mr Positive today.

[Mr Worried]

Hi All

 

Just an update. this particular alleged debt has been round the block a few times now, Lowell then red then robbers way etc, now BCW advise me that their client Lowell 1 LTD. have instruct them to collect alleged debt. the same alleged debt that was put into dispute back in 2009.

 

Then they write the usuall dribble bout ccj, AOE, Oh and sieze my assets.

 

Codswallop or am I missing something here?

 

Mr Anticipation.

[BRIGADIER2JCS]

CCA request 1st.

[Mr Worried]

Hi Brig. so a section 78 to BCW, cant I just tell them its in dispute? do I need to comm with them?

 

Mr

[Bazooka Boo]

You also need to lodge complaints with the OFT&TS for the passing on of a disputed debt, either way, if it has been doing the rounds, especially with those you have mentioned it is highly likely that this will be unen, or there is something wrong with it stopping them from pursuing it.

Who was the OC and how much is it for?

[BRIGADIER2JCS]

CCA and state already in dispute.

[Mr Worried]

Hi bb

 

Its for less than a grand, think it was mint, then compucredit

[Bazooka Boo]

Is it above £750??

 

If so I can't believe the OC hasn't tried to get the money back sooner?

 

Bound to be plenty of charges or even PPI that can be reclaimed.

[citizenB]

Do take this seriously and send the s78 request immediately and advise BCW of the dispute. Lowells are issuing statutory demands like confetti at the moment, so best be prepared.

[Mr Worried]

Yes the amount is above 750, but just under a 1000, by a few quid. over 900 anyway.

[Mr Worried]

Hi B. Really SD, ouch. best get this in order AGAIN.

 

Letters Libary for me then.

 

Mr.

[Mr Worried]

Do take this seriously and send the s78 request immediately and advise BCW of the dispute. Lowells are issuing statutory demands like confetti at the moment, so best be prepared.

 

OK so I advise of the dispute etc, based on that Lowells never produced any docs first time around, only statements? in the meentime can they still issue the SD? if they do and push for BR and me paying monies to bring debt below the £750, would that have any other effect on account apart from halting BR as below 750?

 

Mr

[citizenB]

Are there any charges added to the account that could bring it under £750.00 if they were to issue ? If so, and they do, then you could almost certainly include that in any set aside application.

 

You might want to consider investing £10.00 in a Subject Access Request to the original lender as well.

[Mr Worried]

Are there any charges added to the account that could bring it under £750.00 if they were to issue ? If so, and they do, then you could almost certainly include that in any set aside application.

 

You might want to consider investing £10.00 in a Subject Access Request to the original lender as well.

 

Oh yes loads of charges, and the oc must be compucredit, so sar to oc and a cca to BCW.?

 

Mr

[citizenB]

Oh yes loads of charges, and the oc must be compucredit, so sar to oc and a cca to BCW.?

 

Mr

 

Yes