S 77 request

[jon1965]

Re: S 77 request

I signed the agreememt 3/4/06 ...they signed it 22/3/06. The default charges were added Jan07 onwards.

My argument originally was that in what they sent me they referred to things that weren't there.
Now correct me if I am wrong, but a S77 request should include T&C's from inception and current/default T&Cs. As the charges changed that would suggest at least that T&C changed so I should have a separate copy.


As for my overall debt level, somewhere between 40 and 50 with no assets and no income. I will post up later but have to nip out now

[jon1965]

Re: S 77 request

Output.pdfOutput1.pdfThis is what Hillsden sent me in its entirety.

However it may appear on the scans it is all legible and if needed I can rescan in higher resolution certain pages.
From what I can see the statement of account (last page) is not signed although I suppose you could argue the first page will cover that. However there are definitely only one set of T&C's

Any thoughts on how this would stand up would be appreciated although as I say the ideal would be to be made BR. I don't really want a CCJ as that would be hanging over my head for ever

[labman]

Re: S 77 request

You do realise CCJ's are wiped out in any bankruptcy?

[Amethyst]

Re: S 77 request

Where's the bit about the £15 in the CCA stuff ? Just says something about reimbursing them their costs in the breach section - sounds a bit vague really. (I'm probs being blind sorry)

[mystery1]

Re: S 77 request

Where's the bit about the £15 in the CCA stuff ? Just says something about reimbursing them their costs in the breach section - sounds a bit vague really. (I'm probs being blind sorry)

Page 2 under default charges which itself is just underneath key information.

M1

PS output1 has a name on it.

[jon1965]

Re: S 77 request

You do realise CCJ's are wiped out in any bankruptcy?

Labman yes I do, just if I get a CCJ it kinda forces my hand. I suppose I am still juggling two balls, BR and UE.

Page 2 under default charges which itself is just underneath key information.

M1

PS output1 has a name on it.

Thanks M1
I think I have sorted it out, it was my surname on page 1? If not can you let me know

Ta
Jon

[Amethyst]

Re: S 77 request

Page 2 under default charges which itself is just underneath key information.

M1

PS output1 has a name on it.

Got it thank you , it was me being blind xx

So which of those documents (page 2 or 3) was meant to have been on the back of the signed agreement ?

[jon1965]

Re: S 77 request

When I first sent a CCA request off I got this back LV CCA EDIT (2).pdf along with the statements. As you can see there is one page different. After over a year of telling them they hadn't complied they finally admitted that the secondary T&Cs were missing (referred to on the main agreement page) . They then sent me what I posted earlier. In addition they also acknowledge that they do not have the original agreement .

As far as I can see the only relevant thing is S77 . They have not complied with it and until they do they can not enforce. I am not however going to tell them what they need to do to put it right, if they write to me i will just tell them that they have not complied

[jon1965]

Re: S 77 request

Hi all this one has raised it's ugly head again. Last year DLC passed it to Mercantile Data Bureau (part of the group) so I queried it and it got sent back to DLC. have had a couple of letters from DLC since ( I offering a discount and another a statement)
I have now been told it is being passed back to MDB

These are my issues with it
I applied for the loan through MSDW and indeed the DN's came from them but the loan agreement is signed by LV ( I know they linked up)
At some point I had a letter saying the loan would now belong to LV ( I do not have that)
On the original agreement default charges were £15 but they actually charged me £12 so I am assuming there was a variation in terms
My S77 request has finally produced an agreement (signed by LV) and T&C's from inception but no others

Also this account was sold very quickly after i defaulted

Should I now be sending a SAR to either LV , MSDW or both to try and get a copy of all the details ?

Any thoughts would be appreciated

I have to say , enforceable or not payment just is not an option . I have so many creditors even token payments would add up to a significant amount each month

[Wombats]

Re: S 77 request

If payment is not an option, personally I'd be considering whether the money spent on a stamp might not be better spent on myself.

I went to see CAB a number of years back with horrendous debt problems, and their advice to me was to stop all payments and communication and wait for one of my creditors to make me bankrupt as I didn't (and don't) have the money to go BK myself.

All this time later three people have threatened BK and I have communicated with them asking them to go ahead please. The relief from stress would be huge when saddled with huge debts and struggling to exist, nevermind live. None of these three did BK me as they clearly realised it would cost them quite a lot of money, they'd not get one penny from it, and it would help me massively.

Possibly not the reply you were expecting, but that's what I was advised by CAB in what sounds a similar situation. 60p would buy some milk, a few eggs etc... Why waste it on your creditors when you aren't going to pay them whatever happens?

[jon1965]

Re: S 77 request

I know what you mean but I am the sort of person that likes to have all my options explored and ready to go. BR is no issue for me but I would rather avoid a CCJ as they lurk. This debt is for £15K . I truly believe that there is something very funny going on with it. I guess should they issue a claim or indeed a LBA I could get a SAR off straight away .
Personally I think the facts of MSDW and LV as well as the default charges being different are somewhat significant. At tha amount I could also ask PT to look at it

[Amethyst]

Re: S 77 request

60p would buy some milk, a few eggs etc...

lol, who are you, Ed Milliband ?

http://www.telegraph.co.uk/news/poli....-70-More.html

[Amethyst]

Re: S 77 request

Might be a plan actually jon, I'm not sure but it sounds like you are saying LV signed your agreement which was signed long before LV were linked up with MSDW ?? or am I reading far too much into what you said? probably.

[jon1965]

Re: S 77 request

60p doesn't even buy a 1st class stamp now, though I could get a pint of milk. Sadly guns don't come that cheap

[Amethyst]

Re: S 77 request

60p doesn't even buy a 1st class stamp now, though I could get a pint of milk. Sadly guns don't come that cheap

well I know the postal service is shocking, but that's a bit extreme