My fight to get my life back!

pebbles88

UPDATE!

well got replies to my CCA letters to the catalogues back, they both say that they cannot locate a copy of the executed agreement, but they enclosed a copy of the current agreement which applies to the accounts (both same group), neither of them are signed...

and also, i wrote to shatwest offering a token payment of £1 a month til we get sorted, and they have wrote back saying that as i did not sign the letter they cannot undertake the requested action, and there is a space for me to provide my signature.....or to call them to ask them to execute the request

now i know that i must not sign it as they can forge it onto documents, i opened this account up in 1998 and to the best of my knowledge have never signed anything bar the original paperwork....

If i can get shatwest and the catalogues to accept a Full and final settlement fighure then it would be a great amount from our debt

I am not sure how to progress, please can someone help me???

pebbles88

bump bump,

please can someone help me?? i dont know what to do next

pebbles88

i have copies of the letters to put on here for someone to look at.

does anyone know how i put the letters up?? its keeps asking for a url

angelaf_3

Sorry can't help but thought I'd bump you up in the hope someone can.

GeorgeUK

Hi Pebbles - what stage are you at now?

well got replies to my CCA letters to the catalogues back, they both say that they cannot locate a copy of the executed agreement, but they enclosed a copy of the current agreement which applies to the accounts (both same group), neither of them are signed...

The current agreement is irrelevent. They are required to provide a copy of the credit agreement you signed - if the was before 6th April 2007, then it should also have certain terms on it to make it legally enforcable.

and also, i wrote to natwest offering a token payment of £1 a month til we get sorted, and they have wrote back saying that as i did not sign the letter they cannot undertake the requested action, and there is a space for me to provide my signature.....or to call them to ask them to execute the request

Giving your signature to the original creditor is not as bad as giving it to a DCA. Not sure what they mean though by requested action - did you request a copy of the CCA from them and they now want a copy of your signature to confirm who you are? If so you are not obliged to provide a copy of your signature for a copy of a CCA. There is a template letter on the standard template thread that covers this.

pebbles88

GeorgeUK wrote: »

Hi Pebbles - what stage are you at now?



The current agreement is irrelevent. They are required to provide a copy of the credit agreement you signed - if the was before 6th April 2007, then it should also have certain terms on it to make it legally enforcable.

should i perhaps go down the route of offering them a full and final then??



Giving your signature to the original creditor is not as bad as giving it to a DCA. Not sure what they mean though by requested action - did you request a copy of the CCA from them and they now want a copy of your signature to confirm who you are? If so you are not obliged to provide a copy of your signature for a copy of a CCA. There is a template letter on the standard template thread that covers this.

I informed that due to my circumstances that i could not make the full minimum payment, and that instead i would pay a token payment of £1 reviewable in 3 months. i included a full budget breakdown for them also. the letters stated

"i have received a letter regarding your account, the letter was not signed and as a result i am unable to undertake the action requested.

please sign the letter in the space provided and return to us at the address at the top of this letter or, if convinient, telephone to request that we carry out your instructions"

natwest cc was opened aug 1998, and tesco was opened roughly oct 2006.

i did wonder that they may be thinking that i was going to next ask for a cca from them (which i have done since receiving their letters) so i am wonerding if thats perhaps why they asking for my signature or for me to call them?? i really dont know.

GeorgeUK

Have you received defaults on the catalogue accounts? This is the only drawback to doing CCA's and stopping payment - even though they shouldn't do this if they have no proof that you have allowed them to pass on your details (which would be in the CCA) they may still put a default on your credit file.

Making a F&F offer is definately an option and if there is no enforcable CCA then it gives you a better position to negotiate from. Just make sure that any offer is for full and final rather than partial and that you get it in writing before sending any payment.

With regards the Natwest situation, i would be tempted to ignore their letter. They have stated that they are "unable to undertake the action requested", but you haven't asked them to take any action. You have told them you can't make the minimum payments and intend to make a £1 token payment until you can work out what the payments should be. Like it or lump it, that's what's going to happen - no action on their part was needed. You were notifying them that you were unable to meet the agreed payments and will be working out what you can pay.

Someone else may have a different take on the situation, but if you feel you do need to send them a signature, i think it should be either a photocopy of your drivers licence which will be too small for them to do much with or do your first initial and surname rather than your full normal signature - this isn't a legal document you are signing after all.

pebbles88

GeorgeUK wrote: »

Have you received defaults on the catalogue accounts? This is the only drawback to doing CCA's and stopping payment - even though they shouldn't do this if they have no proof that you have allowed them to pass on your details (which would be in the CCA) they may still put a default on your credit file.

I haven't defaulted on anything til now, although i am expecting letters as some havent had their payments this month :rolleyes:

Making a F&F offer is definately an option and if there is no enforcable CCA then it gives you a better position to negotiate from. Just make sure that any offer is for full and final rather than partial and that you get it in writing before sending any payment.

Thanks, i sent the letters about the defaults this morning, so hopefully should hear back soon.

With regards the Natwest situation, i would be tempted to ignore their letter. They have stated that they are "unable to undertake the action requested", but you haven't asked them to take any action. You have told them you can't make the minimum payments and intend to make a £1 token payment until you can work out what the payments should be. Like it or lump it, that's what's going to happen - no action on their part was needed. You were notifying them that you were unable to meet the agreed payments and will be working out what you can pay.

Thats very true, never thought of it like that.:o

Someone else may have a different take on the situation, but if you feel you do need to send them a signature, i think it should be either a photocopy of your drivers licence which will be too small for them to do much with or do your first initial and surname rather than your full normal signature - this isn't a legal document you are signing after all.

Good Idea, will see what they say in their next letter following my CCA request to them.

pebbles88

well another update, post has come this morning....

cc bill from natwest, wanting minimum payment of £385, they have also charged me £12 late payment and issued me with a default notice also... there is a lovely notice at the bottom of the statment that says..

You have failed to make a minimum payment
Failing to make your minimum payment can mean that you have broken the terms of this credit agreement and could result in us talking legal action against you. It could lead to you having to pay additional costs and make it more difficult for you to obtain credit in the future...


well, i certainly dont want credit in the future... my mortgage renewal worries me but that is not due til 2011, by which time i WILL be in a better position !! well hopefully anyway.

pebbles88

hi,

i need a basic bank account, co-op have no branches near me, can anyone else recommend one that is not connected to, halifax, tesco, natwest??
many thanks