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I hate to play Devil's advocate here, but you need to be aware of exactly where you stand here. Unless the paperwork you have has a council stamp or receipt saying it was received, or you have proof of recorded delivery which has been signed for, it is not necesserily proof that you sent anything to them. I have lists all over the place but having a list is not proof that I have done anything on that list. In regard to their behaviour, it was disgusting and is not to be tolerated. Public authorities have to maintain standards of behaviour, and I am afraid I would not let this one lie, and would make a formal complaint in regard to it. If you do decide to take it to the press, I'd be very careful about naming anyone unless you have proof, which can be made available, as they could well commence legal action against you. In regard to the recording, was it covert (recorded without their knowledge)? If so, the only place you can use this is in court. Covert recordings cannot be made available to a third party and are for your personal use only, but their is an exception within the law for covert recordings to be played in court proceedings.

As he filled all this in in July 2008 he can't try and use that ploy........ he can't be that daft ...........trying to mislead the Court again:);-) In any event he signed it on belalf of Swift. sparkie

I simply dont know the answer. Hopefully someone will be along soon but everyone seems to be quite busy today so it might be a little while yet.

Take my guaranteed word, it is a NO. As to trying to get your neighbour involved it is the same as many other people in other things in life............ We will fight a DCA. Some just pay up. We will find bank charges. Some just accept them. We will fight against a PPC. Some will roll over and just pay. Seems your neighbour is one of the latter. I am after buying the freehold of my property and as there is only two of us in the block we can easily do it as we just need to mutually agree and put a bid in. She gave me the excuse she was busy at the time and never heard anything else. Hopefully, she may move one day and who moves in instead of her will have more guts to do something.

Hi Shadow, Your CCA from MSDW/Barclayshark looks to be exactly the same as mine... I wrote to them a week or so ago telling them that the copy was illegible and that I wouldn't pay them til they sent me a legible copy so they've sent me some typed T&C's The 'red box' on your scan is just as blank on mine too...

Announced today: The Supreme Court

Sorry clynite, will try & get back later today re. help with your WS. Don't worry too much about the wasted costs this week, you can submit when you have won.

If these photocopies are a reflection on what you have then the account is still indispute, so send em a letter along the lines of Dear cretin The copies supplied by your firm that you state are a legible credit agreement for an alledged debt that you state belongs to me are in fact illegible and as such do not comply with the CCA request send on DATE. to this end this account remains in serious dispute and as such any further attempts to enforce clooection of this alledged debt will result in your company being reported to the OFT and trading Standards. I trust this outlines my position. ------------- Apart from that hang on in there, if they were that confident they would have instigated court proceedings by now, and then you have the faulty DN to fall back on

no probs, keep us updated Ida x

Have look at post #1 of this guide by Bookworm - New User Guide to CAG

WASTED COSTS THREADS Have a look at the pdf's that Surfaceagentx20 has attached at the bottom of the post on a letter for wasted costs - Surfaceagentx20 wasted costs also Liabilty for Costs CPR 38.6 Sharpman v Nationwide credit card services ***WON WITH WASTED COSTS*** Welcome/Cohens - case withdrawn ***WOO-HOO *** have a look at this post by IGNM on costs as well - IGNM post on costs

if your case is proceeding you would normally make the strike out application with the AQ's if you are past this stage might as well defend,using the same arguments i assume that the arrears did not come to the whole outstanding balance in which case the DN is fatally flawed since it seeks the benefits s of s87 before issuing an effective dn how can you remedy the alleged default and carry on as though the default had not occurred if, by demanding the full balance in the DN they have effectively unlawfully rescinded the agreement i dont see any reason why your defence cannot include draft directions to strike out but at this stage you probably need some of the legal bods input hit the triangle if you want the site team help -you only have 9 days left

Worst Crudit and CONnaught ARE the same shower of effluent. I have seen these idiotic letters offering all sorts of ridiculous "gifts" in exchange for donations. They are pretty much the same as the letters offering full and final settlements - what they really mean is "we're stuffed without the agreement so we'll try to con them out of their money." Did you have the Statutory Demand set aside? Whether you did or not it still needs reporting to the OFT. Even the government office which never acts acted against Worst Crud - they are on notice to stop abusing the Insolvency Service. If they are in default of your request under s78(1) or s77(1) then there is nothing to do unless you choose to go on the attack with complaints. They are clearly in breach of the OFT Debt Collection Guidance and the CPUTR 2008 by chasing an alleged debt in serious dispute, so you can report them if you wish. No need to get confused by idiots calling themselves different names. It is just another trick to attempt to con you out of your money. SH

You are far more "on your own" dealing with companies who don't give a monkey's about you but only care about your wallet than you are with the good people of the CAG. As evidenced by the quality of the response here, there is plenty of help and support available. The important step is to create a strategic plan. We can't give you one, because it all depends on your circumstances. 1) Banking Security Whatever your income is now, make sure it is paid into a bank account totally unrelated to any group you are having issues with. Securing your present income is the first step in getting some peace of mind, and in digging yourself out of debt trouble. 2) Communications If you have multiple alleged debts, you are going to be bombarded with letters and silly telephone calls. It is important to be prepared for this, and to have a system in place to handle it. Get a trueCall if you are able to. If not, or the telephone is not important to you, just pull the plug out of the wall when you need peace and quiet. If you do happen to answer the telephone, and it is a debt collector, just use the BT Phone Book advice for dealing with nuisance calls. As I have no family, the only calls I ever receive are nuisance calls. I just pull the plug out and forget it. The last time I received a genuine telephone call was August 2007, just after my father died, and I doubt whether I'll ever get another one. As for the paper mountain, get a filing system. If you don't have a box file, improvise with large envelopes. One large envelope for each alleged debt. It is essential to keep all relevant paperwork together. We all get bombarded with junk mail from idiots anyway. What I have done is put a black bin bag at the bottom of the stairs. Everything which does not need to be filed goes in there. Only letters which need to go in the file come up the stairs. When the black bag is full, it goes out with the household rubbish. This, I have found, is the easiest way to get the paper mountain under control. 3) Challenging the attacker Once these systems are in place, you are in a position to quickly read any letters which come in, and also to reply to anything which needs a response. Follow the filtering system - If a letter has no account details on it, it is simply a phishing attempt. Ignore it. File it away to use in future complaints as it breaches OFT guidelines. If a letter has account details, but they are not yours, send a "prove it" letter. If a letter has correctly identified one of your accounts, but there has been a period of six years somewhere in the account's history with no written acknowledgment or payment, send a "statute barred" letter. If the alleged debt is not barred, but is a credit card or loan regulated under the Consumer Credit Act, send the CCA letter asking for a true copy of the agreement. You could also send a Subject Access Request to the original creditor if you believe there are unfair charges or mis-sold PPI. If an account has been terminated and passed on, I would send a SAR anyway, as you need to see the default notice. If it is an overdraft, Subject Access Request the lender to get the information you need to calculate unfair charges. As these letters are templates which need very little alteration, it shouldn't take much effort to handle a multitude of accounts. One good idea if you really have a huge number of alleged debts is to draw up a "master sheet", with the names of the accounts down the left hand side of the page, and a progress report along each line. This lets you see instantly where you are with each account. 4) Work out your strategy This is impossible to advise on, as it depends on the individual. If you have no assets and are on benefits, you could think about the Debt Relief Order as a "Get Out Of Jail Free" card. If everything goes pear-shaped, and you end up with CCJs and a whole stinking mess, you can be ready to pull out your trump card and get rid of it all. There are, of course, consequences and considerations with this, but the Debt Relief Order can give people a chance to live again sometime in the future. If you are a property owner, you can consider letting out a room to a lodger for some tax free income, which might cover the payments on any alleged debt which is enforceable. It all depends on your circumstances. A property which now has negative equity can still become an asset if you use it in the right way. Nobody gets out of debt hell in five minutes, and especially not during a depression. Nevertheless, there is always something which can be done, and there is always someone on CAG who can help. There are people who have been through bankruptcies, business failures, messy divorces, bereavements and many other tragic and difficult circumstances, and have come back to have successful lives. It has been done and it is possible. This is one thing I would like to work on in the future - trying to add another dimension to all of this. CAG has proven to be brilliant at helping and supporting people through debt hell. Now, I would like to see us go forward to another dimension. If we can show half as much intelligence, teamwork and dedication in business as we have on CAG, we should all be able to make successful lives for ourselves. As ever, I extend the same offer to you as many of my colleagues have. I am only a PM away. SH

just a quick point. the £250 voucher is for pcworlds fxed price repair, what this basicly does is allow you to book a repair which includes any parts upto a retail price of £500, for a dv5 i would be looking at a cost price of around 200 for a mainboard, 60 -100 for a battery and im not sure on the blueray player i would point out that the retail price is obviously inflated from what it costs pc world. the one thing that i would worry about is pcworld have a tendancy to point batterys out as a consumable item and they hate replacing them once they are over a year old. i would write a letter and enclose it with the laptop stating that you are aware of the limits on the price and would like a cost breakdown with the laptop and that if under cost you will be seaking futher advice if the battery is not replaced

In a word, no. It's your error. In the same manner that they can't claim overpayments if the error was on their part, you cannot claim back monies for periods in which you provided incorrect information, other than the tax year the money falls due. For example, you give them an estimate at the beginning of the tax year, at the end of the tax year, you are given an opportunity to provide them with the true (and final) figure for the year, and it is then that they pay you any monies due. You could of course attempt it, but I wouldn't be optimistic about getting anything.

Hello FDPM Maybe you could email it to the court explain you didnt realise it had to be in 7 days before , FAO DJ x put your case no ect dont think you have anything to lose by trying . All the best Tonks:)

i would not tell them anything about the actual failings in the DN but simply write a generic letter (you could adapt the one below), so that if they do try to take it to court they were forewarned and that should take care of any costs applications if you receive a summons then i would immediately apply for a strike out on the grounds that no cause of action has been shown Dear Sirs, Your Ref:- xxxxxxxxxxx Thank you for your letter of xxxx received today. I note that you have been instructed to take legal action by your clients to recover the sum shown above. Whilst we have received in response to a s78 request, poor quality copies of what are undoubtedly microfiche records ,I do not believe that your client is in possession of an original executed credit card agreement. In the event that your client is in possession of such an agreement , it has unlawfully rescinded it. The figure mentioned in your letter appears to me to include “sums not yet due” under the alleged agreement, In order for your client to be entitled to claim the benefits of s87, which includes “sums not yet due” he must first serve a valid and effective default notice giving 14 clear days from the date of service of such a notice for the other party to seek advice and/or remedy any alleged default mentioned in the default notice. Being a statutory instrument your client is also bound by any statement made within or with respect to that document. Your client (who will be put to strict proof) has, to date not served a valid or effective default notice and is therefore not entitled to claim “sums not yet due” under the agreement. - 2 - It follows therefore that your client does not have a cause of action in which to claim the above amount and to commence proceedings would I suggest, be an abuse of process. Further, your client cannot now, or ever serve such a default notice since to do so would perpetuate the fiction that the agreement, which your client has unlawfully terminated, still endures. I am prepared , either in open correspondence or without prejudice as your client may wish, to discuss ways to resolve this matter without need of the court process. failing which we will defend and counterclaim any action Yours sincerely __________________

Hi TS, I'd say the document fails the criterion of legibility as required by the Consumer Credit (Cancellation Notices and Copies of Doc'ts) Regulations 1983. It's interesting that the interest rate figures in s.8 are more prominent and legible. Do you think they were bold on the agreement, or have they been altered for the purpose of producing the doc't. Do you think the doc't does, in fact, contain all the Prescribed Terms.