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Old credit card debt, worried sick

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  • #16
    Originally posted by Sue79 View Post
    Can anyone advise me if this is a proper credit agreement?

    https://imgur.com/a/FPiEPwE
    That is NOT the relevant credit agreement. That document does not comply with s.78 CCA.
    A 2004 account must be a true copy of the original executed agreement.
    The legibility is poor also.

    Write back requesting they supply you with credit agreement not the application form.
    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

    I am proud to have co-founded LegalBeagles in 2007

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    If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

    Comment

    • #17
      Thank you very much for your help, I appreciate it.

      Could anyone point me to a good templated letter to send, please?

      Comment

      • #18
        just write what has been advised above, simple letter., there is no template here for that. as per FCA rules:- incorporate in letter:-

        Consumer Credit Act request under sections 77, 78 and 79:-

        You should be sent a ‘true copy’ of your agreement that is easy to read and a statement of your account signed by your creditor. The ‘true copy’ must contain all the terms and conditions from your original agreement, information about any changes made to the agreement and your name and address at the time that you took out the agreement. It does not have to include a signature box, signature or the date of signature from your original agreement.

        Comment

        • #19
          After taking advice on this forum (thank you for helping) I replied to Overdales, denying the liability and wrote that the document that they had sent through did not comply with section 78 of the consumer credit act as it wasn't a credit agreement.

          Then on the 29th December, I received another letter from Overdales stating that 'the document enclosed in our previous letter was a copy of the credit agreement and a copy of the statement as you requested. Our client is satisfied the documents sent previously meet the requirements of their CCA obligations.'

          They have put my account on hold for 30 days but after that, they are threatening court action.

          I am worried sick about this, what do I do? Money is extremely tight but neither do I want to get a CCJ.

          Any help would be gratefully received.

          Comment

          • #20
            Try to calm down, they think you will cave in before they do, thy have done this a lot lately in the hope you are not the only one, law states true copy and legible, time these so called solicitors/office jockey clerks lost their jobs using fraud against the public, you would expect it in dictatorship countries not here? they can issue cases but have to supply later what they have not now or discontinue before they loose their fee to court.
            Last edited by MIKE770; 3rd January 2022, 10:59:AM.

            Comment

            • #21
              Thank you for taking the time to reply, it's much appreciated.

              Should I write back or leave it and see what they do? I noticed that they had done a search on the 24th of December when I checked my credit rating.

              I really do not want to get a ccj.

              Comment

              • #22
                Non compliance with s.78 CCA prevents enforcement; which perversely means, they cannot get judgment but they can issue a court claim.
                If that happens, the letter trail you set in place now will cement your defence that you did everything correctly.
                You will not get an instant CCJ if you defend and even if worst case it went to court and you lost, you would have 1 month to pay the amount. You can also settle at any stage during court action under a Tomlin Order, meaning you you wont get a CCJ if you maintain monthly payments. There are safety nets if you follow advice carefully, read around other threads to see how many people navigate this journey.
                "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                I am proud to have co-founded LegalBeagles in 2007

                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
                If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                Comment

                • #23
                  Thank you Celestine.

                  Apologies if I'm being dim but should I write back to Overdales re-stating that they haven't sent me the correct form or leave it until I get court forms?

                  Comment

                  • #24
                    Yes write back disputing their position, this will reinforce your position if/when they issue a claim.
                    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                    I am proud to have co-founded LegalBeagles in 2007

                    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
                    If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                    Comment

                    • #25
                      So it seems Lowell/Barclaycard are going after a lot of people. Can someone help with my case? I received a letter today in which I called Barclaycard. I could not get thought the security to find out what card it was relation to but the agent made a throw away comment it could be in relation to a EGG card. I advised I used to have one but settled all payments and cleared it many years ago.
                      thos card goes back to 2012-2013. I have made no payments and no contact since this time. I am aware there could be a debt on this card, but as not been contacted for so long thought it would be statute barred.
                      she said I would receive a letter in the next 30 days from Lowell and it will tell me exactly the sum etc.
                      where do I stand with this? It’s nearly 20 years old! I definitely have not made contact or any payments regarding this card for that amount of time??

                      Comment

                      • #26
                        Originally posted by Flywithme View Post
                        So it seems Lowell/Barclaycard are going after a lot of people. Can someone help with my case? I received a letter today in which I called Barclaycard. I could not get thought the security to find out what card it was relation to but the agent made a throw away comment it could be in relation to a EGG card. I advised I used to have one but settled all payments and cleared it many years ago.
                        thos card goes back to 2012-2013. I have made no payments and no contact since this time. I am aware there could be a debt on this card, but as not been contacted for so long thought it would be statute barred.
                        she said I would receive a letter in the next 30 days from Lowell and it will tell me exactly the sum etc.
                        where do I stand with this? It’s nearly 20 years old! I definitely have not made contact or any payments regarding this card for that amount of time??
                        Hi Fly

                        It might be an idea to start your own thread.
                        • 1 thank

                        Comment

                        • #27
                          So I wrote back to Overdales in January and have received a reply. They are still stating that they believe that they sent me through my credit agreement and not an application form and that 'meets their CCA obligations.'

                          Their letter states that: 'should you wish to dispute this matter further, you would be required to provide proof to support your claims that you are not liable for this account.' They are also asking me to confirm my intentions.

                          I don't really want to continue to have dialogue with them but would it be better to reply or to wait to see if they take me to court?

                          Any advice would be gratefully received.

                          Comment

                          • #28
                            do not reply to their childish games. Their move next.

                            Comment

                            • #29
                              I would send them the letter you sent previously, advising them that this is your final response, reiterate that they have not met their CCA obligations.

                              After that see what they do.

                              Also read post 22 again.

                              Comment

                              • #30
                                Have a really thorough read of this and quote it to them as necessary: 13.pdf (fca.org.uk)



                                "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                                I am proud to have co-founded LegalBeagles in 2007

                                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
                                If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                                Comment

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