http://www.moneysupermarket.com/community/forums/debt-129.aspxenCommunityServer 2.1 (Debug Build: 0.5)http://www.moneysupermarket.com/community/forums/t/making-a-claim-36401.aspxThu, 02 Jul 2009 07:14:30 GMTd60303e3-0d44-49ad-b329-9875dfa2f932:155418basa48178http://www.moneysupermarket.com/community/forums/t/making-a-claim-36401.aspxhttp://www.moneysupermarket.com/community/forums/commentrss.aspx?SectionID=129&PostID=155418 I started a claim against a CCC by post to my local County Court a week and two days ago. So far I have received nothing by return. I would have expected the court to acknowledge my claim with a case number and service date. Would this delay be normal, has my claim got lost, or is it too soon? I need to be able to calculate the 14 days from service to default in order to issue the request for summary judgement (if it goes that way). PS: I now see the court has cashed my fee cheque on Monday - geez they're slow! http://www.moneysupermarket.com/community/forums/t/interesting-conversation-with-mercersbarclaycard-39657.aspxFri, 13 Nov 2009 12:45:07 GMTd60303e3-0d44-49ad-b329-9875dfa2f932:168606MrsGuyan2B5http://www.moneysupermarket.com/community/forums/t/interesting-conversation-with-mercersbarclaycard-39657.aspxhttp://www.moneysupermarket.com/community/forums/commentrss.aspx?SectionID=129&PostID=168606 I hate to admit this but the guys I've spoken to are ok, pretty helpful and give lots of information. The advisor I spoke to at Mercers yesterday, kindly informed me it is no longer Barclaycards policy to take the borrower to court for any reason relating to repayment of outstanding debts. Why? Because they never reclaim monies, even if a CCA exist the repayment plan made by a judge is insuffcient, so they sell the debts on instead, he said, it costs them less money. http://www.moneysupermarket.com/community/forums/t/unenforceable-credit-card-agreement-help-please-33186.aspxMon, 23 Mar 2009 10:58:28 GMTd60303e3-0d44-49ad-b329-9875dfa2f932:143364Nixxy113http://www.moneysupermarket.com/community/forums/t/unenforceable-credit-card-agreement-help-please-33186.aspxhttp://www.moneysupermarket.com/community/forums/commentrss.aspx?SectionID=129&PostID=143364 Hi, I'd appreciate all the help I can get. I've made a cca request, and it was received in the cc company on the 20th of Feb. I sent it recorded delivery. They have not sent a signed contract yet, so I've drafter this letter: Is it okay? Should I add or take anything away? FORMAL NOTICE - ACCOUNT IN DISPUTE Dear Sir / Madam Re: Account No: XXXXXXXXXXXXXXXXXXXX Re: my request under s77/78 of the Consumer Credit Act 1974. My request for a copy of my properly executed Consumer Credit Agreement remains outstanding. The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, which was received in your offices on 20th February 2009. My request remains outstanding. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law. You had until the 7th of March 2009 to provide me with the true copy I requested. After that date you entered into default of my request. The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on 7th of March 2009. I respectfully request you review this matter in light of my comments above and I request that you supply me with the required information. Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies. *You may not demand any payment on the account, nor am I obliged to offer any payment to you. * You may not add further interest or any charges to the account. * You may not pass the account to a third party. * You may not register any information in respect of the account with any credit reference agency. *You may not issue a default notice related to the account. I reserve the right to report your actions to any such regulatory authorities as I see fit. I respectfully request a reply within 14 days of the Date of this letter. Yours Sincerely http://www.moneysupermarket.com/community/forums/t/i-need-to-open-a-new-bank-account-but-have-debts-39896.aspxTue, 24 Nov 2009 17:13:33 GMTd60303e3-0d44-49ad-b329-9875dfa2f932:169592johnbackhouse2http://www.moneysupermarket.com/community/forums/t/i-need-to-open-a-new-bank-account-but-have-debts-39896.aspxhttp://www.moneysupermarket.com/community/forums/commentrss.aspx?SectionID=129&PostID=169592 I had a Co-Op Cashminder account but ot overdrawn and they closed the account (I work away and hadn't recieved the letter warning me of their intentions) Since then though i'm in regular fulltime work I have been declined when I've tried to open a new account with Barclays and First Direct. Do you have any suggestions or advice? I'm due to have a debt counselling appointment this week with CCCS to try and find a solution to my debt difficulties, but whatever options are open to me I will need an active bank account. Please help, I am truly stuck Many thanks John http://www.moneysupermarket.com/community/forums/t/help-need-some-advice-on-debt-management-39856.aspxMon, 23 Nov 2009 11:37:56 GMTd60303e3-0d44-49ad-b329-9875dfa2f932:169401stebo2http://www.moneysupermarket.com/community/forums/t/help-need-some-advice-on-debt-management-39856.aspxhttp://www.moneysupermarket.com/community/forums/commentrss.aspx?SectionID=129&PostID=169401 Hi, Myself and my partner are looking for advice on managing our creditors. We have just bought our first house, but we have some issues with paying our 2 credit cards, plus 1 or 2 other things. We are paying them on time but we feel we are struggling and end up using what we have just paid. It feels like we are getting nowhere. Its more the case of not the amount of debt, but the amount we are paying out. I have tried getting a loan to consolidate things in to 1 smaller monthly payment. But unfortunately we keep getting declined. I do not want a trust deed or anything like that as there is only about 4k worth of debt. I only want to reduce our payments. Can someone please offer advice or help on this? Thanks http://www.moneysupermarket.com/community/forums/t/debt-consolidation-loan-advise-reqd-39759.aspxTue, 17 Nov 2009 22:31:24 GMTd60303e3-0d44-49ad-b329-9875dfa2f932:168955iand7771http://www.moneysupermarket.com/community/forums/t/debt-consolidation-loan-advise-reqd-39759.aspxhttp://www.moneysupermarket.com/community/forums/commentrss.aspx?SectionID=129&PostID=168955 Hi all.. was wondering if anyone can help me please? Im getting worried about my financial situation and just about keeping my head above water with my mortgage, loans and min. card payments. Im hoping and need to get a loan which will reduce my monthly payments whether it be 5, 7 or even a 10 yr term. I applied for 2/3 loans with different banks about 10 mths ago and was declined. Looking back now it was probably not the best time to apply as the bank werent lending to their best customers due to the recession. Since then I have been late with a few card pmts but everything else i have somehow made on time. I am aware that everyones circumstances are different but was wondering whether anybody knows of any high street banks or supermarket co's that have recently approved such loans for them and would be able help myself. I do own my own property but a secured loan is out of the question and a debt management programme would mess up my credit file for any future borrowing so an unsecured loan is the only option for me. My situation is getting serious now so would appreciate any help / advice anyone out there could provide. Thankyou in anticipation. http://www.moneysupermarket.com/community/forums/t/mounting-debt-39868.aspxMon, 23 Nov 2009 18:35:30 GMTd60303e3-0d44-49ad-b329-9875dfa2f932:169487Dawny19821http://www.moneysupermarket.com/community/forums/t/mounting-debt-39868.aspxhttp://www.moneysupermarket.com/community/forums/commentrss.aspx?SectionID=129&PostID=169487 Hi I desperately need some advice. My husband is in an IVA, and i now am finding it hard to keep up with my repayments on the debt i have. It totals £15000 between credit cards and a loan. Up until this month i have been able to pay the minimum payment and not get into trouble, but now one of my credit cards has gone over, so thay have put a charge on, plus interest and this takes me further over, and the minimum payment is due by the 7th Dec and i simply cannot afford it. What can i do? I really dont want to get into an IVA, I cannot get a loan because of previous credit searches and due to this I cant get a credit card with 0% neither. I need help! Thanks Dawn. http://www.moneysupermarket.com/community/forums/t/debenhamssantander-cardsviking-collection-service-39097.aspxMon, 19 Oct 2009 16:14:15 GMTd60303e3-0d44-49ad-b329-9875dfa2f932:166310Nicola853http://www.moneysupermarket.com/community/forums/t/debenhamssantander-cardsviking-collection-service-39097.aspxhttp://www.moneysupermarket.com/community/forums/commentrss.aspx?SectionID=129&PostID=166310I'm having trouble with a Debenhams Storecard, I called Santander Cards and I told them I was having trouble paying my bills at that moment in time. They were understanding about my troubles. I was told that they would send a letter on which I could tell them about my income and my outgoings so they could reduce my monthly payment. I gave them 10 days to do so. I never received the letter. Instead I received the letter below. DEBT ENFORCEMENT VIKING COLLECTION SERVICES LTD P.O. Box 800 Leeds LS99 2AE 22/09/09 Dear Miss Santander Cards UK Limited DEBENHAMS STORECARD Account Number: Outstanding Balance: Your above Santander Cards UK Limited account has been transferred to Viking Collections Services Limited. This has happened due to your failure to make the acquired payments on your account. To avoid further action, which will include further contact by telephone and letter and administration fees. You are now required to pay the full outstanding balance of £ within the next 7 days. Please contact us on 0870 513 4601 to make this payment by debit card. If you are unable to pay the full balance you should still contact us to discuss your payment options. Yours sincerely Viking Collections Manager I wrote back with a Debt Validation letter. Viking Collection Services LTD P.O. Box 800 Leeds LS99 2AE Saturday 26th September 2009 Regarding: Debenhams Storecard Account Number: I am writing in response to the letter received from you on date 26/09/09. Pursuant to my rights under Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b). I am requesting that you provide validation of this debt. Note this is not a refusal to pay, but a request that you provide me with evidence that I have a legal obligation to pay you. I am not requesting "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that you provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following: The amount of money you say I owe. What the money you say I owe is for. Explain and show me a break down of how you calculated this amount you say I owe. Identify the original creditor's name, address and phone number. Prove the Statute of Limitations has not expired on this alleged account. Provide me with a copy of the agreement between you and the original creditor that allows you to collect this debt for the original creditor. Provide me with a copy of the original contract with my signature. Provide me with your license number and any registered agents. If you are able to provide me with all of the proper documentation as I have requested. I will require at least 30 days to review and investigate this information and during such time any collection activity must cease and desist. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing of any information to a credit reporting agency that could be inaccurate or invalidated or by verifying an alleged account as accurate when in fact there is no provided proof that it is. If you fail to respond to this validation request within 30 days from the date of your receipt, or do not provide me with the proper validation, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. I would also like to request, in writing, that no telephone contact be made by you to my home, cell phone, work place, to any family members, friends, neighbors or co-workers. If you attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by Royal Mail. Yours Sincerely, I received a reply to my letter: Santander Cards 16 October 2009 Dear Miss Debenhams Account Number: Thank you for your letter dated 26 September 2009, received on 30 September 2009, regarding the above account. This has been passed to us by Viking Collection Services to respond. Please accept my apologies for the delay. I have enclosed a copy of the agreement that you signed to open the account and can confirm that this is the legally binding contract between you and Santander Cards. You will see that the agreement contains your title, name, address, telephone number and signature. If you require a full breakdown of the account copy statements can be provided. However, to cover administration costs a charge of £3.00 is payable for each copy statement. If you request more than three statements at any one time this charge will be capped at £10.00. Should you require copies, please send a cheque payable to Santander Cards to the following address stating your requirements. Credit Data Management Santander Cards P.O. Box 700 Leeds LS99 2BD Viking Collection Services whose registration number is 508834 are part of the Santander group of companies. As such, we have instructed them to collect the outstanding debt on our behalf and we are entitled to do so. Action will continue to be taken to recover the outstanding balance, which is currently £, if payments are not maintained according to the terms and conditions of the agreement. We will also continue to report the details of the account to the Credit Reference Agencies and any information already recorded will not be removed. If you are experiencing financial difficulties, please contact our Financial Solutions Unit on 0845 6000025, who may be able to agree a suitable payment arrangement with you. I trust this clarifies the situation. Yours sincerely Enc: Copy of agreement Santander Cards, P.O. Box 700, Leeds, LS99 2BD　 *The reply was not from Viking Collection Services LTD it was from Credit Data Management, Santander Cards, P.O. Box 700, Leeds. LS99 2BD. I did ask for debt validation from Viking Collection Services LTD. I got a reply from Santander Cards instead. What I would like to know is: Is the copy of the agreement legally enforceable? I only have a tiny photocopied piece of paper with what looks like the front of the Original Credit Agreement, signed by myself. I have not been provided with any T&C’S. I’m not trying to get out of paying my debts. I’m just annoyed that I did not get to sort out paying my debt to the original creditor Santander Cards. I have no Idea who Viking Collection Services are. Which is why I sent out a debt validation letter to see if they legally own the debt and I legally have to pay them I can do so. If yes/no what should I take for my next step? Thank you in advance for you help. Nicola.http://www.moneysupermarket.com/community/forums/t/default-on-a-british-gas-account-help-39176.aspxThu, 22 Oct 2009 22:30:58 GMTd60303e3-0d44-49ad-b329-9875dfa2f932:166651Jayy12http://www.moneysupermarket.com/community/forums/t/default-on-a-british-gas-account-help-39176.aspxhttp://www.moneysupermarket.com/community/forums/commentrss.aspx?SectionID=129&PostID=166651Hi, I'm a first time user to the forum but really needed some advice as I've just came across something on my credit profile and feel physically sick. I have been monitoring my credit profile very closely since the start of the year, I made a few late payments to my credit cards and my score dipped very rapidly to 218. Now I have battled all year to get to the most recent score (last week) of 866. In another months time I was going to be ready to talk to my bank about a 14,000 consolidation loan and my life would have completely changed for the better. However, I logged in tonight to check to see if my old credit accounts I had closed down was showing on my profile, and to my complete and utter disgust I have a DEFAULT on a British Gas account. It says on my experian credit report that it wsa Started on : 30/08/2008. and that special instructions were started on 01/10/2009. Now this is at my old address, I moved out in October last year, I own the property but I rent it out through an agency and I have literally nothing to do with it. I dont deal with the tenants just the agents. Now I havent received or seen any mail. Surely, if they had servred some sort of warning notice or collection letters these would have been sent to be signed for by me? I've seen nothing, and knew nothing about it, before I moved out last year my account ws £160 odd in credit. I paid monthly to them, then they took from that stash of money, quarterly. I informed them I was moving out and judging by what I saw online that would cover the gas bill and a few pounds more, which I wasnt concerned about. I didnt change adress with them as I was moving back to my parents. Now I have various credit cards , finance on my computer and finance on my car. I have NEVER just not paid anything, just for the sake of it. The worst thing I have ever done is paid an account maybe a week late and I was punished for it and learned my lesson. Is there anything I can do? It says even if i settle this account, which i intend to do as soon as their lines open tomorrow morning, that this will remain on my account for 6 years. I cant believe that I'm so close to getting all my finances back on track and being able to move back into my mortaged property next year, now this has happened. Any advice would be much appreciated Jayy P.S. The default is a piddly £149.http://www.moneysupermarket.com/community/forums/t/please-help-re-cca-replies-38745.aspxSun, 04 Oct 2009 16:27:32 GMTd60303e3-0d44-49ad-b329-9875dfa2f932:164970mond7721http://www.moneysupermarket.com/community/forums/t/please-help-re-cca-replies-38745.aspxhttp://www.moneysupermarket.com/community/forums/commentrss.aspx?SectionID=129&PostID=164970what do i do now ?? after reading the brilliant advice on some of these forums i didnt want to jump on anyones post so have atarted a new thread ,i decided to post the cca letter with a £1 postal order recorded delivery .. i have received these replies .. moorcroft ...thank you for your recent letter.at this stage we are currently unable to provide a copy of the agreement as we have been in contact with our client who have confirmed that the original agreement was sent with your clients first invoice and they were instructed to keep the documentation in a safe place .if there are any areas where you feel that a dispute in relation to the account still requires resolution please provide details .if this is not the case we look forward to receiving your settled proposals . we therefor return the payment submitted in that connection . westcot .....following your recent request for a copy of the signed agreement , we can confirm that we have returned the account to our client . please contact our client direct for the information required . trusting the above clarifies the situation they sent back the postal order too .. what do i do now ??? your advice would be greatly appreciated . i have one more cca request to send tomorrow to ndr . i have never signed any cca with either of the 3 companies . mond77 x http://www.moneysupermarket.com/community/forums/t/help-39837.aspxSat, 21 Nov 2009 13:42:33 GMTd60303e3-0d44-49ad-b329-9875dfa2f932:169284jaykaycee2http://www.moneysupermarket.com/community/forums/t/help-39837.aspxhttp://www.moneysupermarket.com/community/forums/commentrss.aspx?SectionID=129&PostID=169284I am currently paying my debt off through a debt management company. I don't have any loans or credit cards anymore. My bank won't give me an overdraft and it keeps charging me between £150 - £300 a month as my account keeps going in the red. I get charged this amount as the bank wont pay my direct debits while im overdrawn and i then incur fees. Then because my direct debits aren't paid the companies write to me and charge me a fee on top of the missed payment, i.e. car insurance was £29.19 but the company then charge me a £20 fee so i end up paying £49.19. I can't get any overtime in work because there isn't any and at the moment i am trying to find a 2nd job to boost my income. Any advice would be greatly appreciated because i'm sinking fast!! http://www.moneysupermarket.com/community/forums/t/default-registered-with-cras-without-the-company-39842.aspxSat, 21 Nov 2009 18:00:02 GMTd60303e3-0d44-49ad-b329-9875dfa2f932:169302Dreaming3http://www.moneysupermarket.com/community/forums/t/default-registered-with-cras-without-the-company-39842.aspxhttp://www.moneysupermarket.com/community/forums/commentrss.aspx?SectionID=129&PostID=169302 Hi all, I'm new here and looking for some advice.... After having obtained a copy of my credit reference files from all 3 agancies, I have noticed that I have defaults registered against me from companies who I wrote to in December 2007 asking for a sopy of my credit agreement, and paid the £1 statutory fee. All companies replied. Those who sent me a signed credit agreement, I have paid off either in full, or at an agreed settlement figure, and these debts are accurately recorded on my file. However there are a few who never replied and do not have my siganture, who have also recorded these defaults. My question is, how would I go about getting them to remove these? And is it possible? My thought is that it is against the data protection act, but I'm looking for some guidence before I go in all guns a blazing! Thank you in advance! http://www.moneysupermarket.com/community/forums/t/tesco-personal-finance-39831.aspxFri, 20 Nov 2009 15:52:12 GMTd60303e3-0d44-49ad-b329-9875dfa2f932:169243basa484http://www.moneysupermarket.com/community/forums/t/tesco-personal-finance-39831.aspxhttp://www.moneysupermarket.com/community/forums/commentrss.aspx?SectionID=129&PostID=169243 huckster: Hi I think the loans Tesco made were under the Tesco Personal Finance guise, which at the time was a joint venture between Tesco and RBS. Tesco has since bought out RBS from this joint arrangement. Perhaps they are too busy arguing about who owns the debts to be bothered about chasing them. I don't think the divorce was very amicable, if the rumours are right. One of my creditors was Tesco PF. But now all the correspondence concerning this debt is headed RBS (with no mention of Tesco). Should I be looking for proof that this debt has been re-assigned ? I wonder if RBS (and thier gofers) even have a copy of the documents for this debt? http://www.moneysupermarket.com/community/forums/t/true-copy-credit-agreement-advice-34428.aspxTue, 28 Apr 2009 16:18:58 GMTd60303e3-0d44-49ad-b329-9875dfa2f932:147740CaptainBob23http://www.moneysupermarket.com/community/forums/t/true-copy-credit-agreement-advice-34428.aspxhttp://www.moneysupermarket.com/community/forums/commentrss.aspx?SectionID=129&PostID=147740 Hi Guys, Ive been reading through the threads and found them very enlightening, I wondered weather you could offer any advice. I requested a true copy from certain CCC's back in september 2008 needless to say all I got sent was a generic copy of T's & C's not a signed true copy. I have since written to them explaining that I am stopping payments as they are in default and the debt is unenforceable. The thing is all I was led to believe they couldnt do they have done i.e. reported late payments on my credit file, passed the debt on to a third party collection agent, made late payment charges and sent me default notices and threats to pay me a visit(send round the heavys). What in your opinion should be my next move?? Hope you can help Capt http://www.moneysupermarket.com/community/forums/t/1st-credit-are-on-a-yellow-card-the-oft-need-your-34339.aspxSun, 26 Apr 2009 15:16:02 GMTd60303e3-0d44-49ad-b329-9875dfa2f932:147407tonerlow3http://www.moneysupermarket.com/community/forums/t/1st-credit-are-on-a-yellow-card-the-oft-need-your-34339.aspxhttp://www.moneysupermarket.com/community/forums/commentrss.aspx?SectionID=129&PostID=1474071st Credit are on a yellow card from the OFT as of the 19thof February 2009, one more foul and it is game over. I am proud to be one of the many contributors to the first nail in the coffin and complaining to the OFT does produce results. http://www.oft.gov.uk/shared_oft/press_release_attachments/1stcreditrequirements.pdf If valid complaints continue to land of the desks of the OFT the OFT will remove the Consumer Credit Licence and that will be the end of worst credit. A Consumer Credit Licence is a privilage not a right and if you abuse the privilage the OFT can and will withdraw it (just like that, no court hearing, no legal process). If you are being irritated by 1st Credit I suggest you do the following:- · Don’t let wet them intimidate you don’t get angry just get even · Request all the information you entitled to · Read the special restrictions they have to adhere to in the above link · Read the OFT code of conduct If 1st Credit have not complied to the letter with their obligations, get a letter off to the OFT stating exactly why 1st Credit have broken the requirements placed on them. If you need assistance compiling your complaint to the OFT I have plenty of experience and would be pleased to assist. It is worth sending a copy of your complaint to 1st Credit, as it gives them something to deal with and stops them harrassing some one else, it is also well worth making the court aware of the Special Iequirements imposed on 1st Credit by the OFT and copying the in on your complaint to the OFT as well as the document in the link above. Before you carry out the above please spare a thought for those wonderful people at worst credit you may be committing to the dole queue, they probably have credit cards, loans and mortgages too. http://www.moneysupermarket.com/community/forums/t/unchased-ccj-advice-39820.aspxFri, 20 Nov 2009 13:18:54 GMTd60303e3-0d44-49ad-b329-9875dfa2f932:169214inDebt_but_trying4http://www.moneysupermarket.com/community/forums/t/unchased-ccj-advice-39820.aspxhttp://www.moneysupermarket.com/community/forums/commentrss.aspx?SectionID=129&PostID=169214 I used to live very stupidly using my creditcards and loans to susidise my salary and over the course of about 6 yrs I managed to accumulate about 46k in various debts, since the beginning of this year I've managed to pay off about 10k. I've basically been paying £1000 a month split between the ones that have attempted to contact me, it just really suprises me that a debt of 30k that has a CCJ has never attempted to contact me, I have moved but I still have contact with people at my old address and not even so much as a letter has turned up there, also its quite easy for them to track me down using credit searches or electoral role, but I check my credit report regularly and they havent done so much as a search. The debts were roughly Debt1 - 30K - tesco loan, went to CCJ 3 and a half years ago, but has never been chased, not even asmuch as period credit checks Debt2 - 8K - Car finance - passed on to debt collection agency, am making regular payments, down to just over 2k Debt 3 - 4k - Credit card - passed to debt collection agency, am making regular payments, down to 2k Debt 4 - 4k - Credit card - passed to debt collection agency, am making regular payments, down to 2k My question is once i've finished paying off debts 2,3, and 4 (will take another 5 months) - should I try to track down the CCJ and offer payments - or as they have made zero effort to contact me or chase the debt in the past 3 and a half years, should I just sit it out and bank whatever I would have been paying off, so that if they ever do knock on the door I could make an offer. I'm not trying to actively avoid the debt, but part of me thinks if they havent bothered in all this time, why should I remind them. I know CCJ's dont get statute barred, but if it got to 6yrs then they'd have to reapply to the courts to have it renewed, at which point they'd have to prove why they hadnyt bothered previously. http://www.moneysupermarket.com/community/forums/t/debt-assigned-but-no-show-on-credit-report-39817.aspxFri, 20 Nov 2009 11:40:46 GMTd60303e3-0d44-49ad-b329-9875dfa2f932:169189Bezza7121http://www.moneysupermarket.com/community/forums/t/debt-assigned-but-no-show-on-credit-report-39817.aspxhttp://www.moneysupermarket.com/community/forums/commentrss.aspx?SectionID=129&PostID=169189 Hi I need advice on credit reporting and debt assignment. I had a loan from my bank originally opened in 2006 that i could no longer pay due to financial difficulties. The bank charged off the debt and settled the account as up to date and closed on my credit report. I was then chased by a collector agency and failed to agree on a reasonable payment scheme. I havent heard anything from them since and no updates have been put on my file. This has been the case for a year now and nothing?? The debt no longer exists according to the reports and yes I have checked all three available for the UK. I havent heard anything since and are wondering if the debt has been written off? Does anyone know anything about this or experienced similar thing? http://www.moneysupermarket.com/community/forums/t/unenforceable-credit-agreements-37988.aspxWed, 02 Sep 2009 11:23:19 GMTd60303e3-0d44-49ad-b329-9875dfa2f932:161900Brooooooooooce55http://www.moneysupermarket.com/community/forums/t/unenforceable-credit-agreements-37988.aspxhttp://www.moneysupermarket.com/community/forums/commentrss.aspx?SectionID=129&PostID=161900 Hi. Over the last few weeks I've been busily writing to my creditors with my section 78 requests - basically as a result of reading the posts on here and other sites like CAG. I've had a pretty mixed bag of responses so far, which I would summarise as follows: 1. MBNA - no response at all despite 3 recorded delivery letters, the first one sent on 10.7.09. 2. Co-op - replied saying they couldn't find a copy of my original agreement but enclosed a copy of the T & C. 3. Barclaycard - ususal BC stance that I have seen on this and other forums - template letters enclosing T & C but nothing remotely 'original' or signed. 4. HSBC - provided a signed copy of an agreement and some attached T & C. The agreement didn't include all the prescribed T & C's and states these are contained in a seperate document. I've just written back to them all, thanking them for their responses and reminding them of the Mitchell v BOS judgment, in particular the judge's comments re having a document that complied with S.61 of the CCA. I don't think any of my responses complies with S.61 and on the face of it my creditors would not be able to enforce. I feel that I'm running out of steam and can't decide whether to keep at them or instruct solicitors to take me to the next level. Does anyone have any advice as to what the 'next level' should be for me? Do these companies actually negotiate or do they push it all the way to death? Has anybody actually succeeded (other than Mr Mitchell!!) in having an agreement declared unenforceable? Cheers. http://www.moneysupermarket.com/community/forums/t/recieved-a-county-court-claim-39815.aspxFri, 20 Nov 2009 08:50:07 GMTd60303e3-0d44-49ad-b329-9875dfa2f932:169172jonnyb3http://www.moneysupermarket.com/community/forums/t/recieved-a-county-court-claim-39815.aspxhttp://www.moneysupermarket.com/community/forums/commentrss.aspx?SectionID=129&PostID=169172 Hi there hopefully someone can give me some advice on the defence to the following to avoid a CCJ I was dismissed from a previous employer due to what was deemed as " fradulent " expenses but that is another story, following a tribunal claim which I lost there was a balance owing to the previous employer of approx £1200.00 Having started a new job I made an offer of £50.00 a month, which I never receieved any response to and then due to there bad and frankly illegal reference was dismissed again. Having not had a response to offer never chased the situation due to the obvious bad feeling. Today I recieved a County Court Claim form stating that i owe the £1200 + £70.00 costs, what is the best defence to put forward to avoid a CCJ? I still have a copy of the original letter snet although with hindsite this should have been done by a recorded delivery method. http://www.moneysupermarket.com/community/forums/t/limitation-act-1980-section-5-question-39796.aspxThu, 19 Nov 2009 14:30:40 GMTd60303e3-0d44-49ad-b329-9875dfa2f932:169112sirmyser1http://www.moneysupermarket.com/community/forums/t/limitation-act-1980-section-5-question-39796.aspxhttp://www.moneysupermarket.com/community/forums/commentrss.aspx?SectionID=129&PostID=169112Hi, some great advice here :) Over six years ago I lost my father, my job and my relationship (at the time) broke down, all within 6 months (messy I know, am ok now). Before this I had been employed on an excellent wage for nearly ten years and had several personal unsecured debts totalling over 60k. I had to go and live with my mother in Spain until recently. I am trying to return to the UK and find a way to sort out the financial mess I left behind. I know for a fact that all the original agreements/contracts etc (of which I have no record at all) were before April 2005 (and therefor nearly five years old). I also know for a fact that I sent a letter from Spain to each and every one of them 14/2/2008 explaining the above and was the only communication I have had with them since (still have copies). so, I have probably started my clock ticking by doing that, is this correct? or are there any grounds that the six years stands from the time of the original agreements? http://www.moneysupermarket.com/community/forums/t/help-what-do-i-do-39794.aspxThu, 19 Nov 2009 13:57:53 GMTd60303e3-0d44-49ad-b329-9875dfa2f932:169106irishboy1http://www.moneysupermarket.com/community/forums/t/help-what-do-i-do-39794.aspxhttp://www.moneysupermarket.com/community/forums/commentrss.aspx?SectionID=129&PostID=169106 Hi All I have just received today two statements of accounts from Aktiv Kapital for debts relating to two Barclay cards. The first is for £6625.44 and the second for £9689.10. The date of agreements on both is 15/05/1995. I defaulted on both accounts around 1998 and have not made payments since. I also received in the same bundle of post a letter from ccs collect stating "Our client Aktiv Capital have authorised us to recover the full amount you owe to them as shown above (£9689.10). This is a formal notice of intended court action. We may take this action if you failto pay the total amount outstanding within 7 days. This problem will not go away and we intend to recover the full amount you owe without delay" I have not made any payments and not acknowledged any correspondance with regards to these debts. The letter from ccs only relates to the second credit card. Do I need to pay or would they be considered as time barred? I have lived in Scotland since 1996 although when I took out the credit cards I lived in Northern Ireland. Many Thanks http://www.moneysupermarket.com/community/forums/t/statute-barred-telogramh-l-legalcapquest-39312.aspxThu, 29 Oct 2009 19:52:48 GMTd60303e3-0d44-49ad-b329-9875dfa2f932:167209Belgy6719http://www.moneysupermarket.com/community/forums/t/statute-barred-telogramh-l-legalcapquest-39312.aspxhttp://www.moneysupermarket.com/community/forums/commentrss.aspx?SectionID=129&PostID=167209 Hi there, I am looking for some advice on how to proceed with a company requesting me to make a payment of a debt to them. It started about 3 weeks ago when I received a letter dated 6th October 2009 from a company called Telogram, on very dubious quality paper, requesting me to contact them to provide an up to date address for one of their client’s (unnamed client) database. The last address listed on here one where I was living at approximately 15 – 20 years ago. As I thought this was very suspicious I kept the letter but never responded to it either verbally or in writing. Another letter has just been delivered yesterday dated 13th October 2009 from a company called H L Legal Solicitors claiming that Telogram is one of their client’s and requesting to contact them to provide up to date information or possible action including a visit to my current address for verification purposes. Again as this was on dubious paper I am not going to respond, so I done some internet checking and realized they are one and the same company. Now today I came home from work and opened a letter from Abbey National saying they had sold a debt to Capquest Debt Recovery Ltd dated 26th October 2009. A Second Letter from Capquest debt recovery was received dated 25th October 2009 saying they had purchased this debt by way of assignment and to pay it at 50% to get in the clear. The last time I believe I had an account with Abbey national was approximately 17 years ago. We were in dispute over some banking charges which I refused to pay and if I remember correctly I ended up moving my account to Barclays. To be honest I cannot remember the outcome of this, if I paid it off or not. I have heard nothing regarding this since the mid 90’s and to be honest about it completely forgot I had ever had an Abbey National Account. So what I want to know is basically is this a debt I can claim as being time barred under the statute of limitations (or whatever it is correctly called) and if so under what law do I claim this as I would have lived in England when this debt came about but now live in Scotland. I also understand that this can only be done if no CCJ has been taken out which I assume is the case as I had no problem seeking a mortgage approximately in 2001, have done a credit search showing now CCJ’s in last 6 years. Any advice is greatly appreciated. http://www.moneysupermarket.com/community/forums/t/can-anyone-help-or-advise-39782.aspxWed, 18 Nov 2009 17:41:30 GMTd60303e3-0d44-49ad-b329-9875dfa2f932:169040hammond762http://www.moneysupermarket.com/community/forums/t/can-anyone-help-or-advise-39782.aspxhttp://www.moneysupermarket.com/community/forums/commentrss.aspx?SectionID=129&PostID=169040 I lost my mum in 2008 suddenly and my dad cannot cope with the house on his own. I have taken it on and had to rent it out. On the mortgage are my mums car and my dads bike, hp agreements etc not met, all fine there. But there is a credit card bill that has been sold to several debt collectors, not a lot mind, a couple of thousand, all down to charges and suspicious visitors?? But the latest threat now is that they are going to attach this debt now to the mortgage of which is still in my dads name! CAN THEY DO THIS? If anyone can help or advise I would be etrnally greatful yours Hammond76 http://www.moneysupermarket.com/community/forums/t/halifax-credit-card-agreement-help-39102.aspxMon, 19 Oct 2009 19:57:31 GMTd60303e3-0d44-49ad-b329-9875dfa2f932:166325redforever28http://www.moneysupermarket.com/community/forums/t/halifax-credit-card-agreement-help-39102.aspxhttp://www.moneysupermarket.com/community/forums/commentrss.aspx?SectionID=129&PostID=166325I sent a copy of a template letter from this forum to Halifax requesting a copy of my CCA and enclosed the £1 fee. I received no reply. I waited several weeks before sending a second letter (again from a forum template) outlining that they had failed to reply to my previous requests and that the account was now in dispute and also that I would not be making any further payments until they provided me with the requested documents. I have not received a reply to either letter. I have since received an account default notice. I am know wondering what should be my next step or response ? Should I just ignore them, send another letter or a full SAR request. Any help would be greatly appreciatedhttp://www.moneysupermarket.com/community/forums/t/telogram-ltd-39755.aspxTue, 17 Nov 2009 20:38:35 GMTd60303e3-0d44-49ad-b329-9875dfa2f932:168938REDS1http://www.moneysupermarket.com/community/forums/t/telogram-ltd-39755.aspxhttp://www.moneysupermarket.com/community/forums/commentrss.aspx?SectionID=129&PostID=168938 Hi, The other day I received a letter from Telogram Ltd as follows Dear ......... We are corresponding with you as the authorised agent for CapQuest Investments Ltd, who have requested that we make necessary enquiries to establish the current residential address of X, whose last known address was XXX Our Client has an obligation to update their file with data concerning change of addresses. We instructed specialist agencies to confirm this address or establish a new residence. The information that has been supplied as a result of that work indicates that this is the current address for X. We would therefore ask you to contact us on no, quoting ref XXX by date so that this information can be verified. It is important to note, that if the address details are not correct we can inform the agency which provided this address and which may be able to contact the originator and investigate this for you. If there is no contact by this date, it will result in this record moving forward to our investigation unit where further research will be undertaken to seek to verify that the information supplied is correct. We are here to help and assist you in ensuring data held by the agencies is correct but we can only do this by you making contact, we look forward to hearing from you. Yours sincerely Telogram Limited The address they quoted I lived at over 10yrs ago and as far as I am concerned the possible debt was settled. Is this just a fishing letter? Please can you advise further action on my part if any? Many thanks