Hi and Welcome Standard HELP pack below - don't worry Complaints OFT&TS via http://www.consumerdirect.gov.uk/contact MOJ via http://www.justice.gov.uk/contactus.htm Local MP via http://www.writetothem.com/ OFT Guidance link This helps when drafting a letter to OFT http://www.consumeractiongroup.co.uk/forum/content.php?416-The-OFT-Debt-collection-guidance Receipt of e-consumerview report complaints Link to a CAG thread on experian and complaining, there is a sample letter in there http://www.consumeractiongroup.co.uk...ment&highlight= Harassment Letter To stop those annoying phone calls http://www.consumeractiongroup.co.uk...esponse-letter SAR Request Subject access request letter attached to send with £10 postal order - send recorded delivery and sign over the dotted area at the bottom. They have 40 days to reply. They have 40 days to reply. Adapt the last paragraph to give any previous addresses that the OC may have and attach a copy of a utility bill or they will write back and ask for one. CCA Request CCA letter to send with a £1 postal order by recorded delivery, do not sign. They have 12 plus 2 working days to reply. If nothing valid is received you can send a letter to put the account in dispute and this should stop them contacting you. http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter Account in Dispute letter http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale SAR Anon.pdf

skybluechic............Hi.........regret a bank account/overdraft is not covered by CCA 1974,therefore your assumption that the account might be in dispute is not valid...Silverfox has covered the default situation and what to do.................Question what is the dispute with the bank account///????????..................FS

Poking a sleeping dog comes to mind. Doing a SAR may just remind them your friends debt is still outstanding. If there are charges that could help reduce the debt then fair do's. The only way I have heard to remove the default is to take the creditor to court and that's no cake walk either. As I see it, all BC would have to do is get an 'expert' witness to say that they would never offer credit without the signature-even though they cannot prove that with your friend. It's the balance of probabilities again. I think it's back to sleeping dogs-don't poke em!

i think that is really crass to expect YOU to send it to the 'approved centre' at your own expense. ideally what you 'should' of done was get the report & then take it into the shop. again comumer law is used to 'fleece' the consumer here. they shold have done that! THEIR problem to send it away IMHO. anyhow, i can now seewhere you are coming from. might be the only route

Well said P o

re:The defendant has written to the claimant asking for further information namely the following: The dates of the alleged purchases. the dates of the alleged deliveries. Accounting documentation to substantiate the amount claimed as owed. Contractual proof that these goods were ever ordered by the defendant from the claimant. Proof that these goods were ever delivered by the claimant to the defendant. so we can assume that the defendant will be able to produce copies incl postage of this letter. also i,ve never heard of a case being thrown out on. A letter be drafted for the MOJ complaining about and illustrating the abject contempt shown the county court system by this company who are trying to push an american funded luxembourg based companies business through the UK small claims courts, tax writedowns assignments there are many implications to this cross jurisdiction accounting and litigation [problem]. Same letter to be forwarded to OFT, HMRC and SRA.

I suggest the following course of action: A new and more specific CPR letter be sent to BC (can be templated for all the other BC/Phoenix sold and delivered claims out there. A holding defence be submitted to the Court as having a defence lodged changes legalities and liabilities for BC in the likely event they discontinue. costs etc. A letter be drafted for the MOJ complaining about and illustrating the abject contempt shown the County Court system by this company who are trying to push an american funded luxembourg based companies business through the UK small claims courts, tax writedowns assignments there are many implications to this cross jurisdiction accounting and litigation [problem]. Same letter to be forwarded to OFT, HMRC and SRA. Suggest holding defence be along lines of: 1) It is denied that the defendant has at any time purchased and/or received goods from the claimant and the claimant is put to strict proof of all purchases and deliveries averred within their POC's. 2) The defendant is embarrassed by the lack of information supplied with this claim which has come from a company with whom the defendant has never conducted any type of business transaction either privately or commercially. The defendant has written to the claimant asking for further information namely the following: The dates of the alleged purchases. the dates of the alleged deliveries. Accounting documentation to substantiate the amount claimed as owed. Contractual proof that these goods were ever ordered by the defendant from the claimant. Proof that these goods were ever delivered by the claimant to the defendant. Until such time as the claimant supplies the defendant with some form of explanation as to why they have brought this claim the defendant is unable to either admit or deny anything save that which he has already denied within this defence. for this reason the claimant respectfully requests that the Court accept this document as a holding defence until such time as the claimant explains their claim and can satisfy the Court that there is a bona fide case to answer for non payment of goods supplied and delivered to the defendant as alleged and that at this time the Court might make an order to the defendant to serve a full defence to this claim within a reasonable period in response to the disclosure made by the claimant. 3) It is averred that the claimant is a Luxembourg based company (an SARL) with no legal entity in the UK and as such this claim is made "out of jurisdiction", any such cross EC member state claim of this type and amount should be made using the European small claims procedure. 4) It is requested that the Court exercises its powers under CPR 3.4(2)(b)to strike out this claim for the reasons set out in part 3 of this holding defence.

We have a guy from Vodaphone who gives great help and advice on here, his name is Lee, so I am going to ask a Mod to put you in touch with him. Getting 'stroppy' is fine in some cases, but in your case I really think if you could 'sort this out' with Lees' help this would be the way to go. To stall Crappy until you can get advice from Lee, you could send a short version of the prove it letter, and this will have the effect of making them produce the required paperwork from Vodaphone. Very easy for me to say 'don't worry', but try not to stress too much. If you can come to an Agreement for regular payments with Vodaphone this would be far more acceptable. Not sure if Lee is available at the weekends, but be sure I will ask him to contact you ASAP. Don't worry about Christmas, nothing is going to happen that soon!!

Lee has helped numerous people with mobile phone (Voda) problems, if only there were more companies willing to get on board with CAG then half of these problems wouldn't exist, or wouldn't be so long in the tooth! I say companies, NOT DCA's.......James!

Jed Users with green names, such as Lee, are authorised by CAG admin as company reps who can (and do) help CAGgers to resolve issues with their companies. PS: fixed the spelling in the thread title for you.

I actually started to switch accounts before the letter came, and set up a SO to pay off the direct debit. Then the letter came so I wrote back and told them I don't agree. I sent 5 letters before the charges actually started, by which time we'd gone, cancelled the SO and maxxed out the OD. Overdrafts are covered by the CCA as it's a rolling credit agreement, and works in exactly the same way as a credit card. There was a court case that determined that. Coutts vs Sebestyen, as mentioned here http://www.consumeractiongroup.co.uk/forum/showthread.php?31515-CCAs-and-overdrafts They sent the first request back saying there isn't an agreement for this type of account, so I sent it back saying 'yes there is' and mentioned that case.

Good on you for wanting to make a stand for someone else - so many would have just ignored it. Thankfully not all staff I have had to deal with are like that, but I've come across a few and the ones that are drag the rest of them down, and generally make difficult situations worse for people who are claiming. It's totally unacceptable, and complaints do need to be made, otherwise nothing ever changes. DWP customer Charter Darrah Singh is the CEO for Jobcentreplus The email address for Caxton house is: ministers@dwp.gsi.gov.uk the ministers are here

I often read the posts on CAG but have never bothered to respond or contribute to any until i read this rubbish ! In case you wonder, i dont work for CCCS or any other advice provider but i know a few families who have benefited from charities like these. I have a friend who used to volunteer at the CAB and she explained how this DMP works. Apparently CAB are unable to offer this service. CCCS can not offer DMP where you are unable to pay more than £5 off each debt. This is because they dont charge whingers like you, they ask the people you owe money to, to contribute towards their costs. The credit industry wont pay if the payment is less than a fiver. I am also told that even though the fiver is the minimum they can pay, if the DMP takes an unreasonable amount of time to pay the debts back they will suggest alternative solutions. What's wrong with being asked to pay your debts back ? I have to pay mine and i accepted that when i took the credit. People like you, using loopholes to avoid paying the debt back make me sick. I have read the recent case law of HSBC v Carey, i suggest you do so as well. You might then understand why the parasites like Basil Rankine ( Rankine v Amex) provoked the judiciary into taking the stand that they have. For the record, i think the decision by the courts in the excessive bank costs case was wrong and again, provoked by the likes of people like you, people who dont want to pay what they owe. All that happens is the rest of society end up paying more because of the few that can pay but wont pay. Debt collection agencies then treat everyone as a wont pay rather than a cant pay. I lost my job last year and for the first three months i was hounded by these so called creditors. I was not aware of CCCS then but I am now. Thankfully, i did make an arrangement to pay, i didnt cry or say show me the agreement i signed to try and avoid paying, i just did the decent thing, i paid what i could afford. I am back in a job and back up to date with things. Life is hard mate, i have had to change where i shop, what i buy and i dont go out as much more, i am earning a lot less than i used to. That was the choice i made to clear my debts. I cant go bankrupt and i am not eligible for a DRO. If you are so convinced the debt is unenforceable, pop into your local CAB and they will help you fill in some forms to get a court hearing. Let the court then rule whether the debt should be written off or not. Oh !!! yes, you will have to pay for this as well................ just like the rest of us. CCCS and the other agencies who dont charge are trying to help those in society who have financial difficulty. Good for them and even better if they say to people like you that you should pay what you owe. Dont whinge and cry when someone tells you something you dont like...... do something about it like making a stand in court, not a gutless shout hidden on a website.