it works now i think just click the title dca song neilandelaines1stopshop.co.uk

karaoke version anyone?

Anyone else watched the "Money for Nothing" documentary on BBC tonight? Really good to see some light shed on the shady tactics of the creditors even if it was saved for 1am! Just checked and it's on iPlayer - if anyone wants to take a peek it's over here. Genuinely interesting to watch (although I guess we all know already) - nice shot of TSB headquarters though. My bestest buddy atm

You may (or may not) have heard of the young lady (who lives about two minutes away from me) who failed her driving test due to splashing a pedestrian. The instructor said she should have stopped to exchange details - something which Ms. Kelly (the learner) claims is ridiculous. She also said "what else was I supposed to do? I would have caused an accident if I had swerved". Well maybe she should have failed for not having heard of something called a brake pedal or maybe for inconsiderately supergluing her feet to the accelerator thus preventing the maintenance of speed. incidentally, I had actually witnessed this person driving just a few hours before - presumably in a pre-test lesson - whilst I was waiting for the bus. All I can say is that, judging by how she handled corners (which may as well have been the CERN accelerator judging by the curve) I am not surprised she failed. I would have thought it a common courtesy to slow down when seeing a puddle and to at the very least to apologise if having splashed someone. Her excuses say more than her driving ability. If more people like her were off the roads hey would be a safer place.

ok so not really a song, but it is the dca's celebrating when they get a £1 token payment. YouTube - teletubbies dancing

.....the countdown proceeded..... 11, 10, 9, 8, 7, 6, 5, 4, 3, 2...... The scientist's hands were poised over the keyboard. .....1, ZERO! Scientist presses ..... The room is hushed. The computer goes "BING-BONG" and displays........ :D:D

Hi, Woozel. I'd approach the OFT now, have another look at ODC's 'link' ( #82) then get writing. Regards. Scott.

no dont do that they will say it is a typing error or summing daft like that.

and can i borrow it for Studio cards as well as they so dont understand BOG OFF.

Ok, you need to be in here http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/ then start a new thread and rewrite or copy and paste your question. Good luck

Huggy is busy playing with some programme or other...............hope its one to shrink his head............he is loving the attention. Here are the lyrics. WHEN THE DCA’S COME TO MY DOOR I USED TO SIT HERE SHAKING ON THE KITCHEN FLOOR BUT NOW THAT I FOUND THE C.A.G. WITH ALL THERE HELPFUL COMMENTS ON HOW THEY TAKE THE PEEEEEEEE. THERE BEAUTIFUL THERE BEAUTIFUL THE C.A.G. AND ME I’LL BEAT THEM YET ABOUT A DISPUTED DEBT. AND THEN I’LL WIPE THE FLOOR WITH THE AID OF CONSUMER LAW SO BRING IT ON YOU DCA.’S COS YOU CAN DO NOTHING WITHOUT MY CCA’S THAT I REQUESTED ALONG TIME AGO BUT YOU’VE NOT GOT THEM TO SHOW ME STILL YOU HAVE A GO YOUR PITIFUL YES PITIFUL WE’LL BEAT YOU WAIT AND SEE YOUR PITIFUL YES PITIFUL YES ME AND THE CAG WE’LL BEAT YOU WAIT AND SEEEEEEEEEEE

So the scientists like to smash atoms and protons together at high speeds? Sounds to me like a very expensive game of marbles for bearded scientists. We should cancel the olympics and use the money to build two atom smashers in the UK, so we can show off to the rest of Europe. It would be more fun than Eurovison anyway. I'm off to play with my lasers in the garage now. See you all tomorrow.

Whilst I acknowledge what is said on the Information Commissioners Office's website, I feel that is only for people who have not been in communication with the company on a regular basis. How can they send threatening letters, accept money via a bank account etc, and then turn round and say they require proof of who you are. Your CCA letters do not under any circumstances require any other proof of you are. If they are going to be funny with the S.A.R - (Subject Access Request) stuff, then say you are happy for the data to be delivered to an Alliance and Leicester near you, where you will allow the bank staff to confirm your identity but not retain it. In light of the Information Commissioners Office advising you / us to take extreme care with our personal information, you dont feel comfortable sending the documents they are demanding (and put that word.. demanding) by post even if they are copies. Should they not accept this compromise then you will be seeking clarification from the Information Commissioners Office. ****************************************** Ok, I have just spoken to the ICO and they say.... They personally have not suggested that a driving licence or passport is required. This is purely an MBNA requirement and is not prescriptive. They guy I spoke to said.... you can write a letter to MBNA and say, Further to a telephone conversation with the ICO today, as they have not suggested that you (MBNA) request these particular documents (and as I do not possess them anyway) (or I do not wish to send either original or copy through the post) ... for you (MBNA) to offer an alternative document, alternatively I can collect this data from an Alliance and Leicester or other local bank. If they do not accept your alternative or are not prepared to offer an alternative which you find acceptable, then you can make a complaint to the ICO who will come down on your side as they say the policy is that you have access to your information. I do not understand this request personally as they didnt request either document from me just sent out the information, so I am wondering if it is just a ruse to obtain your signature.

Above and beyond yet again! Thanks so much citizenB I did have a quick scan through RMW's thread a while back and it is very good. I will revisit it again tomorrow, my brain is like mush today Thanks again

Okey dokey... Just one more question, was there a post mark date on the envelope ? Dear Cretin. ACCOUNT IN DISPUTE - I ACKNOWLEDGE NO DEBT TO YOUR COMPANY - PLEASE DO NOT IGNORE THIS LETTER RE Account No: Any Reference number they have supplied I was surprised to receive your letter dated 8th September 2008 I wrote to both you and CitiFinancial on XX XX 2008. Both letters were signed for on XX XXXX 2008. This account is in dispute and has been since (Whenever), and has been since Citifinancial failed to comply with my formal request under the Consumer Credit Act 1974 (sections 77-79) for which they also received the legally required fee of £1.00 I am at a loss therefore to understand why, I would wish to pay you £10.00 for that same document. Until that document is received I am unable to assess whether I am indeed liable for any alleged debt, nor does it give me a chance to assess if the document was properly executed. Right now, have you started/sent your complaint to the FOS/TS. If not now is the time to do so. It is now my intention to make a formal complaint to Trading Standards with a request to take action against you for threatening action which cannot legally be taken, and misleading and agressive practices, contrary to the Consumer Protection from Unfair Trading Regulations 2008. I am sure you are aware that whilst my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under S127, this constitutes a complete defence at law. Consequentally any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Unless anyone else can come up with something a bit more forceful. Send them that.

If you can afford it, take them up on the offer.....my feeling is this could be a big gamble to attempt to fight (although I suspect that the debt may be barred by statute - i.e. a gap of at least 12 years where you have neither paid towards or acknowledged the debt (despite your recent correspondence if there is a clear 12 year gap then it will definately be stat barred) but as you have a CCJ on this already (which was undisputed)....

Thanks for looking in 42man, much appreciated, BR is not my strong point as you know and since i know you've had your own battles in this arena i thought you'd be the best man for the job;) Thanks again for looking in mate:D

OK......firstly try and relax if you can you amongst others who have been in similar situations as yourself..... What date is the hearing for the BP ? Firstly if it was me in your position I would firstly send a SAR request to Lloyds bank..... Common sense tells us that if you do not have all the relevant paperwork, then until that paperwork is available to you how can you totally DISPUTE the debt/debts... Have you received a statutory demand ?... Do you have a copy of the signed agreements ? Do you have statements for the duration of the loan ? These are the sorts of questions I would be asking myself and definitely Lloyds.... In the first instance Send this to Lloyds Head Office (attn of the Data Compliance Manager) you will need to send it with a £10 postal order and send it either by recorded / guaranteed delivery...(you will need to edit it).... Data Protection Act 1998 Subject Access Request Dear Sir/Madam ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account) Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:- 1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. 2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor 3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR. 4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold. 5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable). 6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers. 7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied. 8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed. 10. Copies of statements for the entire duration of the credit agreement. I enclose the statutory maximum fee of £10. You have 40 days in which to comply. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable. Yours faithfully, print but don't sign your name

Hi 1stLifeline I can totally sympathize with you as I am in exactly the same boat and the stress of it all was creating untold arguments in our home. So I went for a really long walk and I couldn't stop myself I just unashamedly cried and cried and was totally oblivious to the many people around. When I collected myself I had walked from Birmingham to Evesham and was feeling tired and exhausted...I havn't exercised in ages...but I had worked out a lot of sadness out of my system, because I walked back with the attitude I'm still alive, the world can do what they want but I'm still alive. I'm not very good at explaining, but it was a feeling of whatever happens, it happens I am still going to carry on living regardless so I chose at that time to be consciously happy. I cam home and made a list of all the things that would make me happy. This list had big and little things, like going to Hawaii for holiday - to eating lots of vanilla fudge. Everytime I felt myself drifting towards sadness I added to my list, it is now 72 pages long. It didn't matter to me whether I got these things or not, it felt good writing them down and reading it when I felt like it. I started realising after a long while...I'm a bit slow!!!! that some of the things I had written down I was actually beginning to receive. My friend brought me a bag of vanilla fudge to bolster me along. I was looking for an old Bobby Goldsboro cd with the song 'Honey' and I picked it up at a boot fair for 25p and there's other things. Anyway to get to the point please focus on what makes you happy, everytime you are going down the sad path, or the banksters send you something to create fear in you.. add to your list of happiness......It will all work out for the best for you, I'm sure it will. You are a lovely person with a lovely family, so happiness can not stay away. I wish you lots of happiness. Wealthy

Just an update. The Halifax got a stay granted But........ I wrote to them again a couple of weeks ago, as my circumstances had changed ( I have had a baby 6 weeks ago ) and they agreed I was now experiencing financial hardship and they have agreed to pay me the full ammount claimed!!!!!!!!!!!!!!!!!!!!!!!:grin::grin::grin::grin:

I am still wondering how Worst Cretins can say that the documentation is held by their client when the debt has been assigned. In most purchase transactions, the client is the buyer, not the seller. I don't see how HSBC can be the client in any circumstance. Unless, of course, the assignment was equitable, in which case Worst Cretins aren't the creditor (at least not by themselves) - does the SD claim they are, without mentioning HSBC as co-creditor? On the other hand, if the assignment was absolute, then they are the creditor and according to CPUTR should not be chasing debt for which they do not have the paperwork. Any way you look at it, the Reigate Rogues appear to have provided the ammunition with which they can be shot. Splendid.

or a nice letter send next day delivery Dear Cretin Thank you for your letter dated xxx refering to the SD served upon me by your company, I am pleased to note that this was send x days after the letter dated xxx stating the account was on hold due to my request for the agreement dated xxx I look forward to hearing your explanation of this to the judge at the court hearing. I also require by return your official complaints procedure, and take note this is being escalated to TS and OFT for their investigation into your blatent disregard of the consumer act etc etc.

I have adjusted Part C of your application. In fact I've made a re-vamp of it. Part C looks like this: I wish to rely on the following evidence in support of this application: I am the Defendant in this case. I recently received a notice through the post concerning another case against me saying that a County Court Judgement had been registered and that steps were being taken to secure judgment on my home. I am not familiar with legal procedure in England and did not know what to do until I took some advice. This application has been prepared by someone who was able to give me advice about what I should do. I was advised in the other case that I may have some important papers concerning that other case at home and which I should search for. In the course of a search I found a document refering to the judgment against me in this case. I had not been aware that proceedings in this case had started until I opened the envelope and found what appears to be the judgment. In my search I have been unable to locate a Claim Form in relation to this case. The judgment includes some scant particulars about the claim. By the particulars the Claimant claims to be entitled to the sum of £9869.13 as assignee of a debt representing a balance owing under an unidentified loan agreement regulated under The Consumer Credit Act 1974. The assignment of the debt to the Claimant appears to have taken place after termination of it and that in the course of the agreement and on a date not specified, a default notice was allegdly delivered to me by the assignor. Unhelpfully the Particulars contain no information in the way of dates or other useful information by which I might identify the agreement in question. I can not recall and therefore deny having ever entered into an agreement with the Claimant's assignor, alternatively, that if I did enter into such an agreement, I entered into it so long ago that any breach or any last payment I may have made in respect to that agreement was made not less than 6 years prior to the date on which the proceedings commenced, in consequence whereof this claim was barred by reason of the provisions of section 5 Limitation Act 1980. Without better particulars regarding the agreement the subject of this case I am unable to say with confidence that I was served with a default notice in relation to the agreeent the subject of this case. I do not admit that I was served with a default notice and suspect that if I was so served it was a very long time ago. Included within the debt now sued for are unidentified charges. For the reasons set out above I believe that if the judgement against me was set aside that I would have a real and substantial prospect of successfully defending the entire claim. I regret that I did not deal with the judgment when it arrived. I did not open the envelope and I did not know the envelop it came in would contain the judgment. I believe I was not served with the Claim Form and a thorough search of my home has not revealed it. I seek to be excused for my failure to open the letter containing the judgment. I believe I have dealt with this matter promptly so soon after learning of the judgement and after taking advice. In the circumstances I seek an order directing that the judgement in this case be set aside, that I be given permission to defend this case and that there be all such further or other consequential directions as necessary. Statement of Truth Signed and Dated Please check it over and if you are OK with things, feel free to submit it with your application to set aside. x20

In truth, as a LiP, the court would happily excuse you if you failed to propose any draft order. It's not your business to. I only set out proposed directions because yours were off target if you don't mind me saying so, in the sense that I do not take the view that it is in your interests to encourage your opponent to improve the condition of their pleaded case, the draft disclosure order was prolix (see mine) and the unless order in regard to disclosure would be refused. Further, that if you intend to plead a bad default notice you will need to say this in a defence (hence the amendment) and Section H was not the place for legal argument. I fully understand you should not wish to misrepresent or overstate your legal skill. In which event, just say you wish to amend the Defence to plead the default notice point and leave the remainder of the directions down to the Judge. As for persuading the other side they're on a loser, do so in open correspondence. Here's an example of such a letter at post 116 of this thread. x20

You have loads of green blobbies, here have some more.

Hey, you are not broken, you are under renovation that is all. You can and will get back on your feet. There are loads of great people on here who can help with anything (it seems). Get those letters sent off, refuse to speak to anyone on the phone, and any credit cards you have had charges on and settled on get claiming charges back. You have come to the right place.

Hello, You will be glad you stumbled across us! And less of the 'fick northener'

you could do as tiglet suggested but u could always send them this. Dear Re account number. you recently contacted me regarding the above mentioned account number. My records show that on this debt was brought before and ordered that repays this debt. For your information i have included all details regarding the courts and the case number. I am now askin that you stop harrassing me for this debt and start harrassing as per the court order. Yours pigglett copy to re then i would suggest you write to the courts something like this. Dear courts. Re case number I have recently been contacted by................. regarding the above mentioned case number. I have enclosed all copys of the letter sent and recieved by this company. Please would you take the necessary steps regarding them contacting me as in accordance with the court order made on by . yours pigglett

Hi, Special Brew. I'll move this thread to the Debt Collectors Forum, you should get the help you require in there. Regards. Scott.

Gimmie clicks on scales and green blobs, then I might behave......

I get cagbotted almost every weekend. And every weekend I have a barbecue........

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html Asking your creditors for copy of your Consumer Credit Agreement

You could send them a CCA request - however, i think this would invoke more aggressive tactics than showing a judge has ruled on this matter. Either that, or file under "ignore" for the moment. It is also statute barred by now (last payment made 2001?) so you could always send them the statute barred letter.

my full story is over the road I will pm you as can't show link here! go and have a look, I also have a battle going on with HFC which might be of interest too!

Fantastic - means I have to do the bloody school run and THEN get blown up!

Hi Ross-co, Thanks for the PM, I have had a 'qick scan' of your thread. Did it go fast track? If that is the case then you need to use a different form: The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service -Forms and Guidance) is not available If it was a multi-track case then you are off to the Court of Appeal. The above link includes links to the various guides. My experience was on the small claims track which has different rules. As an aside, I note that several people have had District Judges decline to follow the Consumer Credit Precedents. Might it be appropriate for the CAG to make an example case out of one of these so that District Judges are reminded of the state of the law. Dad

Hi Stewie I understand from this information that the loan is still ongoing. I imagine that you should have the Terms & Conditions for the whole loan and for the PPI element. These will contain exclusion clauses and will indicate whether you can make a claim if one or both of you is unemployed. Do you have these? You say that your wife was unemployed prior to the sale ... was she employed at the time of the sale? How was the loan sold to you? Face-to-face or over the telephone? Were you informed during the sales process that alternative PPI products were available to you other than the Welcome PPI and the comparative costs of these? This is information that a lender as big as Welcome will most certainly have access to. The FSA regulates the selling of PPI and stipulates that such information is provided during the sales process so that the customer can make an informed decision about purchasing a PPI product that meets their personal circumstances and needs. You obviously would not have chosen to purchase the Welcome PPI had you known the true cost of the premiums!!! You don't say when the loan was taken out but I imagine that it was fairly recently so the regulations will apply to the sale. Even so, the Principles of Business which are legally binding to a lender within the Financial Services and Markets Act 2000 and contained within the FSA Handbook, will apply here. It seems to me that most lenders don't comply with the FSA's guidelines when they sell us PPI and in fact, are often clearly in breach of the regulations. When you've answered the Qs I've asked and had a think about the sales process and whether you believe you were given sufficient information to help you make an 'informed decision', then we can think about the next stage and potentially getting your money back if you do believe that PPI was mis-sold. Best wishes, P

Right, that looks to be a real claim. The claimant appears to be Phoenix Recoveries UK ltd. but the 'RE:' bits are confusing. Bryan Carter is the solicitor acting for the claimant - whoever it is. The sentence beginning 'FOR THE AVOIDANCE OF DOUBT ..." is the bit where they acknowledge they are acting unlawfully. In essence the claimant doesn't have any rights to waive. There is nothing wrong with the solicitors typing their name. You have a certain time (given on the form) to acknowledge that you have received the claim. Do this and also state that you will be defending this claim in its entirety. You will also want to counterclaim costs of defending the action. Send the acknowledgment off this straight away. You have a bit longer to actually file the defence. Essentially this will be based on the twin points of (a) the debt being collected by another DCA and (b) the claimant acting unlawfully in splitting the claim into parts. How much help will you need with this - are you confident you can draft it up yourself?

It has to be worth a try. Do the FOS have a complaints procedure? If they have, I presume you've tried that too.