Thought I would post a copy of my letter that I sent to Bryan Carter this morning. May give you a laugh on a cold Friday afternoon..... Dear Mr Carter, Ref: Account no - 000000000000 Thank you very much for your letter of 7 December, the contents of which have been noted. I have written to Natwest, Fredrickson and every other DCA that this file has been passed to, on more than 30 occasions. I have explained my current situation and provided income and expenditure forms several times. My request for a copy of any CCA that exists for this account has been ignored twice and despite my request to communicate only by letter, Fredrickson still feel it is necessary to call me at least six times a day. I can only assume that one of three things is happening with regards to my CCA request. Firstly, perhaps no CCA exists? Secondly, every organisation that I have dealt with, including yourself has no grasp of the law and what is required of them. Lastly, and this is the one I feel is most likely, not one member of staff that I have had the misfortune to deal with is capable of a single declarative sentence. Your threats of taking me to court are water off a ducks back Mr Carter. I am already the proud recipient of one CCJ and numerous defaults therefore, one other CCJ will not make a single iota of a difference to me, my credit score nor my family. I have every respect for the courts, but I have absolutely no respect for an organisation such as yours. I will not be bullied nor coerced into making payments that I cannot afford. You will not take the food from my children's mouth and no court in the land will allow that to happen either. I have offered to make token payments of £10.00 per month, this has been continuously ignored. The court will be offered the same. Do you honestly believe that if I had £9k to spare, I would be in the position that I am in? I am not proud of my situation, I am a victim of circumstance, but I am also a survivor. I am beyond worrying and I refuse to have any further sleepless nights. Whatever will be will be Mr Carter. The irony of the situation is that by you suing, you will actually be doing me a favour. The incessant calls will end, the diatribe that I receive through the post will cease and the CCJ will fall off my file in six years time, along with every other negative entry, meaning 2016 will be a good year for my family and I. For this I thank you. May I take this opportunity to wish one and all at Bryan Carter a very happy Christmas and I truly hope that every single one of you get a taste of what myself and ten of thousands of others are going through in the New Year. Warmest wishes alex2258867

Plan of Action: 1. Before Monday contact your local Councillor - doesn't matter it's the weekend, they asked for public office so are used to being contacted at odd times. 2. Monday - contact Council - you need to know amount on Liability Order, amount still outstanding and when passed to Bailiff. Info can be requested by phone but back up by email and if necessary by hard copy. 3. Monday - contact Bailiff company - ask for statement of your account including screenshot - they are obliged to give you this. They may state they need £10 as it is for a Subject Access Request, your request falls outside of the Data Protection Act. Send info by email backed up by hard copy in post. 4. Formally request to Council asking they take your account back from Bailiff - usually again fails as Council staff can only read from script. Ask to speak to someone more Senior - you can go as far as Head of Revenues or Chief Executive. Always get name of who you are speaking to and their job title. 5. As you have said pay Council at a level you can afford - do this Online or by automated phone line. 6. When Bailiff calls totally ignore him - despite any threats he may make he can not have you arrested, break into your property (unless entry previously gained), attend with a locksmith, remove property in your absence. He is all bluff and bluster and as much use as a wet f*rt. You should also ask him for his ID and at what Court he is certificated - check this - he also has to carry a copy of the Liability Order. It may be that the Bailiff is overcharging you and once that can be established you will hold all the aces. make sure you don't let him in and hide anything outside - particularly vehicles. There may be a couple of fees you may have to pay (£42-50 in total) but eventually he will go away to pester someone less fortunate. PT

The first thing to do is not to panic. That's what they want. This whole business of 'losing your house' etc is only enforcable by a court and, even then, is very much a last resort. It almost always never happens with cases like this. All they're trying to do is worry you. You have oodles of time and none of this is going to be over in the near future as they like to suggest. If you haven't done so already send them the standard CCA request to be found on this site with the statutory £1 fee. They tried EXACTLY the same with me a couple of years ago and ended up issuing County Court proceedings. They broke and bent all of the rules and, with the help of the folks on this site, I stood up to them. The case was taken away from them by the original 'debt' owners who then tried to take it further but dropped it before it got to court (through an invalid CCA). Now, your CCA may or may not be invalid but you should ask for it. You've done well with involving the FoS. Just keep everything documented and remember, never talk to them on the phone. I'm sure more folks will be along with advice but the bottom line is that you should take anything that sounds remotely threatening with a pinch of salt. Cheers, D

Sorry, but this is complete bowlarks. It's not automatic for Restons to get involved at all. This post is simply stirring up anxieties that are unwarranted. If you've had a bad experience with Restons yourself, then please share it.... otherwise where on earth did you get this fluff from ? Restons have never been involved in my dealings with HFC and that was over 2 years ago now. No alleged Agreement has ever been produced and the letter received is fairly typical of the garbage HFC churn out... but clearly states that they don't have a signed Agreement. So... whether Restions get involved or not is up to HFC and how stupid they intend to be over this. No CCA = a waste of time and effort for them providing it's defended. This means there will be no CCJ and certainly no Charging Order.... Restons will also face being reported to the Solicitors' Regulatory Authority for continuing to proceed with legal action in defiance of the law. Please get your facts right.

THIS IS WHAT YOU POSTED this is the latest info on PML Accounting Reference Date: 30/11 Last Accounts Made Up To: 30/11/2006 (FULL) Next Accounts Due: 30/10/2008 OVERDUE Last Return Made Up To: 14/12/2008 Next Return Due: 11/01/2010 CAN YOU EXPLAIN TO A NUMBSKULL WHAT THIS MEANS AND THE SIGNIFICANCE OF ACCOUNTS BEING 1 YEAR OVERDUE? how long does it take to prosecute them and how do we ever know if they have? If they don't submit accounts how would you ever know if they were trading whilst insolvent?

OK so the natwest loan thing is the spoilt kid response 'we cannot get the money but we can pee on your credit file'. Sadly there is recent case law to back this up, even though IMO it is wrong. When you say you've 'put all three in default and stopped paying', have you actually sent them a cca request?

This is EXACTLY the type of thing that has been annoying the CSA - people on CAG congratulating each other on avoiding debts. What a shame, poor little bank:D. Well done magician, I believe there is a go forth and mutiply letter in the templates

Phew!!! all 17 pages read Ok the DN is pants therefore termination is invalid also.As you quite rightly state no "Served under Section 81 of the Consumer Credit Act 1974" and also their Name address and postcode not on the top (their collections address will not suffice) Moving on if the P.o.C amount is incorrect then its a sure bet the DN is also.They cant proceed until figures are validated. Within your Directions you requested copy of said DN.What was supplied was the corrected template and not a copy of the DN they wish to base their claim on also statements of account must be actual bonafied Egg headed and numbered duplicate Statement copies, as you would receive normally,not reconstructed. Therefore they have not complied with your Directions. Copy of cancellation notice keep this in your mind but dont edge your bets on it, most DJ would let it go. On to your latest order you need to agree or propose fresh directions,the DJ is requesting some clarity in this case (and I can see why) You need to be specific now and request actual valid statements and infer that the P.o.C amount needs to be validated. By way of your Directions you can now imply that the original DN as miraculously turned up and that you intend to contend its validity and conformity to the CCA1974 and as such unlawful termination of said account (this is your ace). To be realistic the agreement cant be challenged nor the owness of the debt and as such the DN may be your saving grace but that would be up to the DJ on the day and what he feels is relevant. I trust the above is of help Regards Andy

pmsl.....Happy new year magcian

I would ask them to put your options in writing so that you can read through it properly and make a decision. DAS are essentially there to try and recover your losses but they're saying that this is a 50/50 claim so you're unlikely to recover anything from the third party. What I think will happen, if you're not going for PI, is that DAS will arrange the repair and you will pay for the work as it is less than your excess. However, I believe that you are will still be covered by your insurance in case of any claims. I reported a bump circa 4 years ago, just to be on the safe side, where there was no/minimal damage to either car just incase the other party submitted a PI claim.

Hi Jan, This is such a common problem, not just due to the former fleas, but to the stress, a compromised immune system, habit-the itch/scratch/itch cycle and to superimposed skin conditions introduced into the broken skin, eg fungal infections. It's always tricky with an allergic type, so patch tests are good, as mentioned above. Seleen can work well in some cases but is poisonous if ingested. You could try something like Allermyl shampoo, specifically for allergic dogs. It has anti fungal properties, lanolin and Vitamin E in too. (Though lanolin itself can occasionally cause reactions but then, anything can!) Another I've used on my itchy scratchy dog (allergic to mites) is Naeem Shampoo. It's used for children with nits, so quite safe and very effective. Finally, another favourite of mine is Sporal D, another cooler and cleanser, veterinary grade but available without prescription. Gets rid of fungal and bacterial skin problems. Generally, anything that helps to boost the immne system and relieve stress will help too. Omega Fatty Acid supplements can help, as can a good mixed diet including vegetables (mine's on complete diet but I cook extra veg and he gets these and tablescraps mixed in, watching weight of course!) Plenty of excercise and brain stimulation is crucial, especially with collies. What works for one dog won't necessarily work for another, but you have to start somewhere, with careful trial and error. Lucky dog to have found someone who cares Elsa x

It's legal, provided there are no laws against it (if that makes sense). You might try reading the FSA website. I would guess, however (and this is not advice, I should add), that the money involved is so small as to make it inconsequential.

Be patient - they can drag a bit. If you ring them up each day to bump it along that's all you can do really.

I love the way they try and say "Please accept this letter as our agreement to a general extension of time" You seem to be doing the right things.....and I presume there was no mention in the Particulars Of The Claim of the default ? as you mentioned only agreement and assignment (termination ? default notice ?) Here is another example of an embarrassed defence http://www.consumeractiongroup.co.uk/forum/legal-issues/234830-cpr-31-14-request.html#post2613281

Because of your depression, you are classed as "vulnerable" according to the National Standards for Enforcement Agents and accordingly, the bailiff company should return the account back to the local authority. You must WRITE to them to advise of your circumstances and to confirm that you live with your mother in her home and that with the exception of nominal items of limited value all gods are owned by your mother. I have sent you a PM with the name of an individual at Equita who you should address an e-mail to.

sorry but their case looks water tight, have you tried to negotiate a DMP with the people yet, it may not be too late to try failing that if you defend hope you would need to get a symapthetic judge, also by offering a dmp, if they refuse then that would go in your favour

bullsh$%t letter I'm afraid, says nowt of importance there is no such thing as a cra dn - they are two different processes - for the creditor. DO NOT confuse a cra entry with a DN - in law one is nothing, the latter is very important

If they are using in house DCA then it has not been sold. However If they have failed to comply with a cca request then they are in Default of the account and can not enforce or pursue you for payment until they have fully complied with section 77/78 of the consumer credit act 1974. So if you have not put in a cca request, you should do so now. Also they can not apply for a warrant of execution without first first applying for a CCJ. Do you have any CCJ against you? If not they would need a CCJ against you prior to getting a warrant of excution to excute the CCJ upon your failure to comply with the CCJ. Basically their letter is legally misleading and breach of oft guidlines in my view. you should check your credit file to see if they have a CCJ then apply to the court to have it set aside if you did not receive the particulars of the claim from them, resulting in you being unaware of their claim against you and as such unable to enter a defence or set aside on the grounds of invaild default notice.

Been doing a bit of digging around on this and Section 1 part 3 may help. http://www.equalityhumanrights.com/uploaded_files/PSD/42_housing_ded.pdf

The simple answer is that the need the Original Agreement to be able to enforce it through the Courts. S127 of the CCA 1974 more or less blows them out of the water. Ms Form has indeed lived up to her name as she has Missinformed you as to what constitutes a TRUE COPY. They have shown their sheer incompetence by the drivel they have written and the stupid childish error of using your present address in what they claim is a TRUE COPY. No wonder they passed it to the idiots that are Robbinscum Way. They have even realised that they need to serve you with a Notice of Assignment in accordance with S136 of the Law of Property Act 1925. Their letter is solely designed to intimidate you and make you believe that they have a case. You will find all the advice you need on here to blow them out of the water

Well without it they are going to struggle to enforce it !! - I would have suggested this but this is a no-no as they have confirmed in writing that they do not have your agreement - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html Oh and have a look at this - (I think this was a letter sent from the OFT by a cagger who was in a similar situation - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/130959-help-1st-credit-dca.html#post1376594 )

Hi Matt. Good for you, I think you're doing the right thing by pursuing this. Who knows, you might stop someone else suffering the same trick. I've followed all the posts on this thread and the story is appalling. Good luck.

OK try this Get some quotes for the repairs, send them to the other party and explain you don't have the money to get the repairs done first and tell them you want a cash in lieu of repair settlement (that way they send you the money and you decide if and when to get the repairs done). State in the letter that you have an independent witness who confirms you were stationary and that they are totally liable for the damage and associated costs. If it's just a bumper then maybe the [problem] artists will pay it rather than go through their insurers, which would be poetic justice. And add on what it's cost you in out of pocket expenses (phone calls etc) Mossy

Hi Not an expert or anything but did you see the reports on the news and in Manchester Evening News a couple of weeks ago? Insurance companies prosecuted people for deliberately running into the back of others on the big Stockport roundabout. They were doing whiplash claims for people that weren't even in the car. It was a massive [problem] and was uncovered when people working in offices on the roundabout noticed it was the same driver running into the back of people and reported it to Police. They put cameras on the roundabout and caught them at it. Point is this happened fairly close to you so am sure both the Police and insurance company are very wise to it and will investigate this incident thoroughly. Your witness will be a gift to them too! Good luck.

My point is, if you were getting it very wrong, someone would have noticed and told you. Well, for me, if the debt isn't in dispute, but the legality of the claim brought is in question, it's a one for you to decide, sadly. If it were me, I'd be looking to resolve it with either a full and final settlement for a %-age of the debt, (if I could afford it) or the same in installments that I can afford. (If I couldn't afford the F&F) Yes, assignment is an important issue for the Court claim, but unless you can convince the Judge that it's fatal - which it is, but it's the Judge you have to convince - it doesn't mean the debt is owed. What happens if they return it to the OC, then the OC goes ahead and sues? (Unlikely, but not impossible) Ah, there you go, you see, a question. Hope this answers it for you?

That is what LTSB are telling me too. They say they have copies but they won't provide them. Sounds like it's time to complain to the Information Commissioner.

ok they have coughed for agreement one of post 8 got +£2k back [with monthly comp stat 8%] i really need someone to help me with the figure of a claim for agreement two in post 8 i've tried 5 times to use the cag spreadsheet xls, but it just does not work out correctly compared to typing the figures in individually using this one [http://www.egalegal.com/compoundWindow.html] which works out the same as what HFC used on the one they paid out! help...... i dont want to have to sit there and type in 60 payments! dx