Hi

As outlined in other part of the forum, my situation as follows

Sent all my creditors cca letter, had one res ponce so far they are looking into this matter for me.

What happens if they don't respond within the time limit?

What happens if they come back with original paper work signed by me?

What happens to two of them that are in my previous married name? The last time i paid them was about two months ago before coming on here and seeking advice, am i still liable for them if they find original paper work? Even though they are in my old name?

Can the bank ref my o/d make me pay more than what i am offering them? O/D is £1800 and i am offering them £20.00 per month.

Can't see my situation improving anytime soon on full state benefits and both myself and husband on dla. My husband had a good job until an accident left him with severe epilepsy.

Well hello there snuggles!!! See we won't ignore you!

So you do have catalogue debts???

To answer your questions

If they don't respond within the 12+2 days then the account is in dispute, they can't do anything and you don't have to pay until they produce the agreement out of a hat or otherwise :-)

If they do come back with something then it doesn't mean it is enforcable as there are certain things that must be on the agreement. We will cross that bridge when we get to it

Your name won't make much difference (Iam guessing you are on your second marriage otherwise I am completely confused!)

Bank can demand full payment at anytime as it is in the T&C's. You can only pay what you can afford and even a court won't make you pay more. One tip is if you still bank with them they can and will take money out of other account to service there own debts at the expense of your mortgage etc so set up another bank account for your wages and transfer all your dd's and so's

Sorry to hear about the accident. This is what makes me mad when creditors and DCA's cahse people who can't pay through no fault of their own

Keep us informed and chin up

TA

Hi me again lol

Thanks firslty for you support most apreciated.

We dont bank with them any more so i will pay what i offered and no more you carnt get blood out of a stone can you.

We rent our home, so that at least is not a worry that they could try to get our home. We dont own our own car it is a mobility car so hey what have i got to give.

We were paying all our creditors before this accident happened we had two cars holidays every year, things happen for a reason i say and a lot as happened to us in the last four years.

I will keep you up dated and hopefully everything will run its course.

Melanie

Hi TA

I have had a letter today from credit solutions ref my bank loan with Barclays.

In one paragraph they have told me they have passed my request onto there business improvement department for response and then the second paragraph tells me that credit solutions ltd are no longer dealing with my account it as been closed on there system therefore they returned my £1.00 po.

They say if i require a copy of my cca i have to get in touch with barclays bank direct

What the hell do i do now

HELP

Melanie

snuggles:

Hi TA

I have had a letter today from credit solutions ref my bank loan with Barclays.

In one paragraph they have told me they have passed my request onto there business improvement department for response and then the second paragraph tells me that credit solutions ltd are no longer dealing with my account it as been closed on there system therefore they returned my £1.00 po.

They say if i require a copy of my cca i have to get in touch with barclays bank direct

What the hell do i do now

HELP

Melanie

Hi Ta

Could you help me with my lastest problem please

melanie

They say if i require a copy of my cca i have to get in touch with barclays bank direct

melanie -- The answer to your problem lies in your post above, send the CCA request direct to Barclay's bank.

Thanks conman

I would take it as a small moral victory (horah!) and wait and see what Barclays do next. My guess is they will farm it out to some other DCA. You could send a CCA request to Barclays but my guess would be that they will farm it out to some other DCA.......groundhog day!!!

Hi TA

So if they do that do i send a cca letter to who ever lol.

This gets really confusing lol cabot have replied so as credit solutions but no catologues as yet.

I will keep you in touch.

My thoughts on the bank debt are the same as yours see what happens.

Regards

Melanie

If you send a CCA request to Barclays and then they send it on to another DCA whilst in sefault then you can send the following: (amend and fill in blanks as required)

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.

Yours faithfully

Print name, don’t sign

TA

HI Ta

Sorry to hear you wont be on here anymore i would like to say that you will be sadly missed by me, you have been very helpful with your advise to me.

I would be very grateful if you could still help me or advise me on my debt.

If you give advise on any other forum would you please let me know or could i give you my email address i can easily change it once you have contacted me.

Regards

Melanie

Hi Conman

Could you advise me please i have received today copy of my agreement.

They say unfortunately they are unable to locate a copy of my executed agreement but for my information they enclose a copy of the current agreement which applies to my account. The account was opened on the 24 may 2001.

They have nothing signed by me or anything with my name on only the statements which come every month.

What is my next move.

melanie

Melanie - i dont think you should accept this. if you didnt sign anything (and this wasnt set up online after 2006) they dont seem to have a leg to stand on and are grasping at straws. CMK or TA will no doubt confirm this but basically they are saying they dont have a signed copy of CCA.

Gents.....over to you for next steps.

---

George

Hi

So what do i sent them any ideas cause i aint got a clue.

melanie