Hi letitbeme If the 2 pages are the front and back of the same document then it is enforceable - it has your name, address and signature and all the prescribed terms are in the narrow box on the right labelled "finacial and related conditions"

The Office of Fair Trading: OFT warns 13 companies about their debt collection practices :D

rite i have this as a work in progress. Dear sir or madam. Re acc 1234567890. FULL AND FINAL SETTLEMENT OF THE ABOVE ACCOUNT. As you will be fully aware under the Consumer credit act of 1974 i am legally able to request a copy of my Consumer credit agrement provide l pay the fee of £1.00. On the XX XX 2008 i done this. On XX XX XX you sent me a sample credit agreement. As you will be aware this does not comply with the Consumer credit act of 1974. I wrote to you on the XX XX XX pointing out this and on the XX XX XX you wrote to me advising that you will continue to break the consumer credit act of 1974 by chasing me for this debt as you feel yo have fulfilled the obligations. You should be fully aware of your obligations under the CCA of 1974 as it has been about long enough for you to read and understand. To try and sele the matter of this account i am willing to offer you a full and final settlement of £14.00 for this account. This figure is based on what l owe you in relation to the account after the following have been removed. All admistration fees, All service charges, All postage and packaging charges and All payment already made. This offer is allso on the basis that. 1) your remove all data from my credit records. A adjustment is not acceptable all data needs to be fully removed. 2) all admistration fees, service charges and postage and packaging fees are rempved from my account. 3) you or any other company do not collect any outstanding amounts of money you may feel is owed by me. 4) I am completly discharged from ALL liabitlity of this debt. you have 14 days from the date of this letter to agree to this preposal. Yours The God Mother CC Norfolk trading standards. Preston trading standards. OFT. FSO. ICO.

You can start a claim regardless of whether there is a balance still owing on a credit card. What usually happens is they refund the charges on your card first, and hopefully give you the rest back in the form of a cheque. The OFT will investigate charges that are over £12 and some companies refund the difference between that and what they have charged you. But you can go for the whole lot that they have charged you.

Just before I retire for the night... (It's been a busy day preceded by sleepless nights) THANK YOU ONE AND ALL!!! (and also, thank you all those people who've tickled, tipped or even kicked my scales today...!!!) PV

Indeed I did lead you here! As I said, it would seem that one of the main reasons I got the set aside was down to having my paperwork in order. If you're confident talking to the monkeys on the phone then that's fine but it's also your word against theirs. Thank you for your kind words... I'm over the bl***y moon and so relieved it's over!!! If I hadn't found this brilliant forum and the equally brilliant people who contribute then I'd still be a gibbering wreck... and possibly a bankrupt one to boot! :o Thanks again PV

Tools - Internet Options - Advanced - under the Browsing heading there are checkboxes about script debugging. HTH

Hi there Pompey if you havent acknowledged the debt for a 6 year period or made any payments in that same period then the debt is statute barred and as such they cant do diddly squat as the Limitation Act 1980 comes into play.in fact that have got about as much hope of getting payment as my footie team ( Saints ) have of winning the champions league which is absolutely NONE WHATSOEVER:D if you go to this thread and use letter M http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html send them it by recorded delivery as a minimum and i doubt you will hear another peep from them;) Regards Paul

Hi E, yes - more than likely there is a term somewhere in the current account T and C's for this

Hi Do you need any help at the moment or are you ok? Jan

Today is Name Yourself Day When : Always April 9th Name Yourself Day is your chance to give yourself whatever name you'd like...for a day. If you like your name, then change your name for just today. If you don't like your name, use today to select a new name for life! Participating in Name Yourself Day is simple and easy. Go ahead, give it a try. Change your first, or middle, or last name. Or, change them all. Give yourself a cool and catchy nickname. Once you've selected your name, you've gotta communicate it to all of your family and friends. This could prove to be the hard part. It will likely take time for your new name to catch on.

As well as giving them some stick by phone, I always like to add some patronising bits to my letters to spice them up a bit. Things like... "If I ever need a solicitor I won't be using you lot, as I constantly have to keep explaining basic things in the CCA 1974 to you." "I have typed this letter, as it seems nobody at Moorcoft can read joined up handwriting. Which would explain why you have totally ignored my previous request." "Keep your Consumer Credit Licence handy. You'll be handing it back to the FOS by the time I've finished with you." "If you don't understand the contents of this letter, please confirm this in writing. I will then rewrite it in words of no more than two syllables and no more than 6 letters per word. Using a blue crayon." "If you don't understand the contents of this letter, take it as the word of God. You'll be sorry if you don't." "So you claim to be a debt collection agency? You're not doing to well are you? No CCA means no debt, so I no longer require your services. So save your stamps and hassle someone who you can produce a CCA for." "If you don't undertand the contents of this letter, ask the person who looks after you, to explain it to you. If you still don't understand, you need a different career."

yep it looks ok to me but paul will no more. Just the one mistake.

It's not a case of should - it's more of a must. The distance selling regs specifically state that the seller cannot impose costs for an item being returned in accordance with the regulations. Most companies will send a pre-paid envelope. The following is an extract from teh OFTs guide to businesses on distance selling: Q. What specifically do I have to refund to the consumer if they cancel? 3.48 The DSRs require you to refund any money paid by or on behalf of the consumer in relation to the contract to the person who made the payment. This means the full price of the goods, or deposit or prepayment made, including the cost of delivery. The essence of distance selling is that consumers buy from home and receive goods at home. In these circumstances, almost every case of home shopping will involve delivery of the goods ordered and so delivery forms an essential part of the contract. That is to do with cancellation. The next bit is more relevant: Return of goods following cancellation (Regulation 17) Who pays for returning the goods if the consumer cancels an order? 3.57 If the goods are faulty or do not comply with the contract, you will have to pay for their return whatever the circumstances. After the deadline for cancellation has passed, a consumer claims that goods are faulty or services do not conform to the contract. Do I have to refund the consumer’s money? 3.67 In general the DSRs do not affect the consumer’s rights under other legislation, for example the Sale of Goods Act 1979 or the Supply of Goods and Services Act 1982. If the goods or services do not conform to the contract and consumers exercise their rights to reject them, you will have to refund their money. 3.68 If goods develop a fault within the first six months of being sold, the law presumes that the fault was there when you sold the goods – unless you can show otherwise. You should not charge return costs for goods that have been rejected because they are faulty. The above is from teh OFT guide here http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf I would contact the seller again, with this paragraph: I wish to draw your attention to r.14(6) of the Consumer Protection (Distance Selling) Regulations 2000 (SI 2334) Which specifically states that, where goods are returned as a right due to a breach of a term imlpied by statute (specifically s. 14 of the Sale of Goods Act 1979), the rights, given by r. 14(5), of a seller (yourselves) to require the buyer (myself) to bear the cost of a return is disapplied. As such, ther cost of bearing teh retrun lies with yourselves. I therefore epect taht you will fulfill your contractual and statutory obligation to refund mys full costs including postage"

Er I'm not sure how to do it in IE. Next time one of these error windows pops up there might be a little checkbox saying 'always show me these errors' that you can uncheck, or it might be in your options somewhere. Someone on IE will be able to tell you

Perhaps you could PM a MOD?

Hi elizabeth, just click on the link in post #1 it takes you to the original newspaper report. At the foot of the page there is a growing number of comments from Crap 1 employees, present, and soon to be past. ...and our very own JonCris has kindly thrown them a lifeline ;-)

Go to 1st post liz

Where are you reading?? can you link me to it please? I do hope they come visit here and have a heart to heart with us

I have done a wee bit of digging around, and basically (from what I can understand), an unadopted road is the responsibility of the residents that have this road on the deeds to their property. I have only found one thread that mentions an unadpotive road and the link is below. From what I can gather from your post is you wish to park your car on this piece of road, but are concerned that the residents that sort of own this road will cause a bit of trouble. http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/22054-tickets-unadopted-road.html There is a link on this thread to another site that may help you as well

Dear Sir/Madam [YOUR NAME, SORT CODE, and ACCOUNT NUMBER] I write regarding the application of the following penalty charges to my account: [iNSERT DETAILS of charges applied]. As you know the monies in my account derive from means tested benefits paid by DWP, and/or the CSA. This is confirmed from my bank statements, where they are clearly indicated. Accordingly, you have erred in law in levying such charges on exempt monies in my account contrary to The Social Security Act 1992 which for your information states as follows: Social Security Administration Act 1992 Miscellaneous Certain benefit to be inalienable ** 187- Subject to the provisions of this Act, every assignment of, or charge on- (a)benefit as defined in section 122 of the Contributions and Benefits Act; (b)any income-related benefit; or ©child benefit, and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors. Note * if you claim Working Tax Credit or Child Tax Credit the corresponding legislation is the Tax Credits Act 2006. Section 45 states then include this para in your letter of claim. In addition I remind you that included are in this exemption are the following Tax Credits Act 2006. Section 45 states: 45: Inalienability (1) Every assignment of or charge on a tax credit, and every agreement to assign or charge a tax credit, is void; and, on the bankruptcy of the person entitled to a tax credit, the entitlement to the tax credit does not pass to any trustee or other person acting on behalf of his creditors I would also respectfully remind you that said benefits are not the property of the Recipient but of the State, and are provided by the State, for the Recipient and their Dependant's sole upkeep Therefore as this is my only/main source of income please refund any and all such charges together with interest applied within 7 days from the above date Yours faithfully

Hi guys, I think I can shed some light on Enterprise/Brulines 'success' in court. They have a much vaunted 100% record but they're hiding something or more to the point, using sleight of hand. For fairly obvious reasons I have been researching this [problem] and lo and behold the 100% court success record is for INJUNCTIONS only, i.e to force the lessee to conform to the terms of the lease by not buying out. Now, the significance of this is that I can find NO reference to the veracity or validity of the Brulines extortion [problem] ever reaching a court of law. Generally speaking by the time the pubco has leeched all it can from a tenant with the Brulines [problem] , legal action is not an option due to the costs involved. For myself, I've decided to fight back because it goes against my personal grain to take it up the arse from scumbags like these. I read earlier in this list a reference to NWML stating that Brulines is not certified with them. If anyone has this statement in scanned hard copy or Email can you please Email it to me at MAGIECHRISTIAN@YAHOO.CO.UK Thanks.

I stand corrected!

One of my colleagues has taken some legal advice and spoken with a colleague who has had some involvement in the new legislation and both views are that the legislation is clear in that deposits only have to be protected if taken after 6 April 07. She has spoken with two of the schemes operators and they are adamant that deposits paid prior to April 07 do not have to be protected We were given this example: Students - Housing - Communities and Local Government A student has paid a full deposit before 6 April 2007 (eg in March) for an AST starting after 6 April 2007 (eg in September 2007). Will the deposit need to be protected under an authorised scheme and, if so, at what point? No. A tenancy deposit taken before 6 April 2007 will not be required to be held under an authorised scheme. I am not sure myself, as the legislation consistently refers to "deposit paid", as in paid at all, no matter when but with regards to AST ade or agreed on or after 06/04/07

Hi and welcome to CAG Spend sometime familiarising yourself with the site. Make sure you read the site rules and the FAQ's. Acouple of useful links are the How do I guide to the forum and the A to Z Index Then when your ready start a new thread in the appropriate forum. saint

Good Luck! Keep at them, it's up to THEM to prove that you owe them money, NOT the other way round! Keep us posted and come back whenever you require more advice or support! PV p.s. Hate to ask but, if I've helped, would you click on my scales please?

KAR PM'd me to ask if the document in post #12 was enforceable. Firstly, I would say that it doesn't comply with s78(1) of the CCA 1974 because it doesn't comply with regulation 2 of the Consumer Credit (Cancellation Notices and Copies of Documents) regulations 1983 Given that it is almost illegible, it is difficult to say whether it is enforceable or not. It looks like the first 2 pages are back and fornt of the same document which has your name, address and signature. To be enforceable under s127(3) of the CCA 1974 it must have: 1. a statement about your credit limit, even if it just says that you will be told what it is. 2. the APR 3. a statement about how minimum payments are determined. If any of these 3 are missing then it is not enforceable.

Just noticed you have started this one up again. Glad to see your back to it. Good luck. xx

yep off everywhere wonder why :Dxxkia

Hiya Jade, Mr Tills is getting there slowly,will be a while yet though,thanks for asking:)

Mate, You mentioned the undertakings made by the pubco when you took over in a previous post. Were these conditions of your lease, because if they were the pubco has breached contract with you. Has there been any reaction to your LBA yet? What was their response? Have they disclosed the case numbers for all the other times that they have allegedly won in court over the same argument? I would seriously call in the Information Commissioners Office in order to achieve compliance with the DPA request. They shouldn't be allowed to get away with just ignoring it. Every firm in the UK has to comply, unless they are exempted. Well, alls I can say is the very best of luck with this. You have my support so if you need anything PM me, and I will try to help.

the CCA does not need to be signed. pt2537/paul has the rules on this so if you need anything like that just PM him asking for the relivant law over it. It may help if you include you email addy as he will send the documents there. If not then add a link to this thread and see what he can do for u.

I have forgotten what to do tho' :o

Whooo money strikes again, good luck with this one

Reproduced courtesy of Reduk054 (you will need to read through this and edit appropriately) I refer to my letter dated xxxxwhich was delivered via 1st class post/recorded delivery/special delivery [delete as applicable] to your offices and received on xxxx, a copy is included for your perusal and ease of reference. To date, you have failed to supply the requested documentation. These documents should be readily available as proof of your legal right to collect on this account. In my letter dated the xxxx , I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition, a full statement of my account should have been sent to me detailing all debits and credits to the account from the time you allegedly purchased this account along with any other documents mentioned in the credit agreement. You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974. The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commits an offence. These time limits expire on***date and **date*respectively. As you are no doubt aware, Section 78(6) states: If the creditor, under an agreement, fails to comply with subsection (1) - (a) He is not entitled, while the default continues, to enforce the agreement and (b) If the default continues for one month, he commits an offence. Therefore on xdatexx, this account became unenforceable at law. No further payment will be made by myself to the account, as you have failed to comply with my lawful request under the relevant sections of the Consumer Credit Act 1974. You have failed to supply a true signed copy of the alleged agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment under the relevant sections of the Consumer Credit Act 1974. Furthermore, I do not acknowledge any debt to Aktiv Kapital (UK) Ltd. I require the following action from Aktiv Kapital (UK) Ltd:- 1. All payments made to date to Aktiv Kapital (UK) Ltd for this account should be refunded in full, including interest at the rate of 8% per annum. 2. Removal of all defaults entered by Aktiv Kapital. Note: this is to be a complete deletion and not merely an amendment. 3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past nine months. 4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998, to cease and desist all manual and automatic processing of my data within your company and any other company within your group. If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Aktiv Kapital (UK) Ltd or any other company within the group, to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the Financial Crime Branch of HM Treasury, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP. I look forward to your reply in writing within 14 days to resolve the matter amicably and await your response. I would appreciate your due diligence in this matter