Thats Why You Put I Do Not Acknowledge This Debt To You Or Any Company

Heres the letter to send putting the matter in dispute, they actually managed to get hold of mine from Cap1 in the end , but its still unenforceable Lowell Financial Ltd P.O. Box 172 Leeds LS11 9WS I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT Dear Sir/Madam Your ref xxxxxxxxxxxxxxxx You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On the DATE I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79). On the DATE a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date. To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents. These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974. In my letter of the DATE I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account. Furthermore You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation. This limit has expired. As you are no doubt aware section 77(4) states: If the creditor fails to comply with Subsection (1) (a) He is not entitled, while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law. As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment. Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 21 days I expect that this means you agree to remove all such data. Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies. * You may not demand any payment on the account, nor am I obliged to offer any payment to you. * You may not add further interest or any charges to the account. * You may not pass the account to a third party. * You may not register any information in respect of the account with any credit reference agency. * You may not issue a default notice related to the account. I will be reporting your actions to any such regulatory authorities as I see fit. Yours Sincerely

It is no longer a criminal offence and the 30 day time limit no longer exists (I think it was repealed in 2006). They now have only 12+2 days to supply a CCA before the account goes into dispute. I would just sit back for now and play the waiting game. They are in default of your request by a long margin. You can stop paying them in the meantime until (and thats IF) they come up with a valid CCA.

To get a conviction, they would have to prove that you resided within the same household (not just the odd night here and there) and were financially connected. If he wasn't on your utility accounts, bank accounts, and was not using your address for post etc then it would be very very difficult for them to prove. If a case is going to be difficult to prove they tend not to pursue it. It's not you that has to prove anything - it's up to them to prove fraud was going on and that you were a party to it, and as you weren't you have nothing to worry about.

I think that is sensible BUT don't forget to mark your letter without prejudice - make an offer that is sensible for you - I'd ask for quite a significant discount off the amount claimed I think that the dating is an issue because you'd argue that it was signed after the procs were issued...

If you go into the court office ask whether they have filed their AQ, if they have ask for a photocopy

the only thing to do is to go to court. let me say that councils don't expect people to go to court and that when you turn up, you will probably find that there is no time listed for you because they expect to have almost a private audience in front of magistrates and go through several hundred files in the space of an hour or two. You should write to the council now, recorded delivery and tell them that you will be in court to defend the matter. Send a copy of this letter to the court -- recorded delivery along with your own note, saying that you will be attending court to defend the matter and that you have let the council know. See whether you can persuade the bank to let you have a letter saying that the direct debit is in place and that there is no reason that it wouldn't have been paid. You may have difficulty getting this letter from the bank but do your best. Stop dealing with the council on the telephone unless you record of the calls. Actually, it is worth dealing with him on the phone because they will say all sorts of silly things. However you must record everything. If you don't record the calls then don't use the phone. When you go to court go with your bank statements and any other evidence which shows that the money would be paid. Make a note right now about the telephone calls that you have had -- who said what to whom etc. When you go to court be prepared to be knocked back in that they will say they didn't expect you to be there and there is insufficient time to hear you out. They will try to usher you off somewhere -- preferably out of the building. You should refuse to leave until they have promised to repay you your costs of attending the court. If they will not give you a new date at which you will be heard plus a promise to pay your costs -- which you should get from them in writing, then go to see the clerk of the court. Even though the court may be in session and the clerk will be sitting in front of a magistrate, you should scribble out a legible note, go into the court and go up to the clerk and pass the note to him or her. Say that you want to complain to the magistrates that you have been brought here on the basis of the summons and now the council telling you that there is insufficient time and that you have to go home. Tell the clerk that you want this complaint to be given to the magistrate immediately so that they can express disapproval with the council and order some costs for appearing. Don't be greedy about the costs. Just ask for five pounds. It is hugely symbolic if you can get this. Hopefully, you will embarrass the council into actually listening to you instead of just processing you -- and that is what you want. Get them promise you another date. They won't be able to give you a date there and then I'd get the name and telephone number of somebody that you can speak to and you will actually listen to you. Finally you will have to keep phoning to make sure that they haven't "forgotten" to write to you and then later on you find that you have a judgement against you because you didn't attend. Dealing with councils is a nightmare. They are out of control. They are in betrayal of their own principles and their own duties towards their constituents. They tend to treat all of their constituents as enemies and they tend to consider themselves as being under siege.

Hi Sunflower, A complaint to the ICO may be inappropriate unless your complaint is that BC have failed to produce the Agreement in response to a SAR. However, I think you should now Complain to the FOS about BC's failure to respond properly to your CCA request. A case was reported here yesterday where the FOS ordered BC to produce the agreement..........and apparently they did !! See here - http://www.consumeractiongroup.co.uk/forum/barclaycard/201069-barclaycard-bradley68.html#post2187860 I think the complaint should focus on BC's failure to supply the agreement which you suggest puts the a/c clearly in dispute. Despite this Mercer's continue to press for payment. Keep the complaint brief and enclose a schedule setting out the sequence of events with all dates.

Thank you for your letter dated xx/xx/xx in whcih you have refused to supply the relevant documentation persuant to s77(1) the consumer credit act 1974. If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. My requests stands and as such the account has/will enter default on xx/xx/xx. As you are no doubt aware section 77(6) states: If the creditor fails to comply with Subsection (1) (a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law. As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment. Any futher contact from you other than a response to my above request will be reported to the relevant authorites. Now fook off ida x

Thanks for all your lovely comments! Robin - if you're not able to pay and/or you dispute the debt then it's your call about the DN. If it's faulty I see no need to inform them:rolleyes:. They are the sophisticated financial institutions after all, and should know the law! Elsa x

I am in social housing, but not as a house manager/warden, as you are. I know all about the problems you have just described from former colleagues. Also I did lifeline call out work for many years, as a lone worker, calls usually coming early hours of the morning, OAP just woken up, very grumpy, not taken meds yet, can be aggressive, men and women alike. They very often can and do hit out at you with sticks/canes, claw at you, pull your hair out, and all you are trying to do is clean up the mess they've made in their bloody bed! And the abuse - oh yes! You just have to ignore it and don't respond to it - but certainly make a record of it every time. I had a visit to a very posh house once to an elderly lady who had fallen and called for help. At 1am in the morning (bloody coldest night one February!) I'm in her porch having to smash a window because she's put the safety chain on. Get through the door, there she is on the floor, in agony, shouting, swearing, screaming, well ok, we can deal with all that. I could see her hip was broken, angle of her foot, but would she stay still? I had to get down on the floor with her to try and comfort her, make her stay still, and she had the cheek to tell me to get out of her house because I was a smoker and I stunk! She told me I was one of the commonest creatures on earth, and that she would have me sent to prison for breaking her front door glass! Ambulance came, she was just as abusive to them (two men and she'd wet herself - if she had allowed me to help I would have made sure she had clean dry underwear on at the very least before the men arrived!). To cap it all she then, six weeks later, put in a formal complaint about me. However, I was a bit quick thinking at the time of the call - I deliberately left the lifeline machine open so the whole event was recorded. I then did this as a matter of course at every situation where things were going to be heated. Are you able to do this if you have to visit him? I'm sure someone will advise you shortly of the solution to this, but in the meantime, as you probably already know, be on your guard with this resident at all times. Do not see him alone, even if that means that if he puts in a call for help someone from a nearby site has to attend, either to deal with him or to accompany you. For normal day time calls, is there a tenant rep living on site who may be willing to accompany you? Or are you in a position where you can call him on the intercom rather than a personal visit? The bottom line is this person has already been convicted of assaulting you, he should now be red flagged on the HA's system which means no lone working with him! I am at a loss to understand why the HA have not evicted him for assaulting you? In my opinion they have an outright duty to ensure your safety at work, and in your case, even more so, because you are a lone worker. Assaulting staff should be a serious tenancy breach. If you haven't already, please join Unison. They may not be able to assist now because this is an ongoing situation which started whilst you were not a member, but if there are future problems which threaten your job and home they can get involved. I wish you all the luck in the world - I know exactly what elderly/vulnerable people can be like - very sad but true, and hey chaps, guess what - we're all going to be like this one day too!