Well well well Postie brought a nice suprise today. Letter from HSBC basically saying No, we haven't got a CCA and yes you are right, we cannot enforce this debt, so we'll write it off and we'll remove the defaults we entered against you. So there you have it Consumer 1 - HSBC 0 TF x

When I last spoke to Manchester TS they had over 200 complaints (I think) about RW&Co, so get on the case and the more people that complain, the better. Here's hoping they'll get everything revoked so they can't function anymore. Only thing that troubles me with this is WHEN, 200 complains last year and undoubtedly more this year, how long can they carry on for?

They seem to be doing this a lot, I had the same letter back in June 2007, they're still digging by all means!

I came home about an hour ago and a rough looking chap approached me and said ' Hang about love, do you know Mrs XYZ?, does she live 'ere?'. I asked him who he was, he explained he was from Manchester and was a field agent. I asked did he work for a DCA, he grinned, so I took that as a yes. I aksed whether Mrs XYZ had had wish to make an appointment with him, seeing as he was banging on every door in the street. He replied 'Oh no, she don't knows I'm comin' yet, see, she've ad notice like, you know, card through post box but not what time I'm coming' This confirmed it for me so I asked him to remove himself from the property (my allocated parking space), saying that if Mrs XYZ had had wish to make an appointment with him, she would be in, wouldn't she, so there was no reason why, under common law he should be trepassing on anyone's property. Slightly taken aback, he told me I could go to prison for obstructing him in the process of his duties, I enquired as to whether he was a certified bailiff or a police officer, no on both counts there, so politely, I advised him he was merely a trepasser in a suit. Obviously, having been given very little training he grunted at me and walked off muttering under his breath. This is the first time I have ever face to face used the knowledge I have acquired here and I am not particularly confident but it shows that when the time came, I was able to use it. It is obvious that the DCA's don't train their field staff, he had no response to me challenging him, you'd have thought they'd teach them at least to spout some jargon at me, whether it be true or not, alas, they must put that all into their telephone consultants. The consumer fights back! TF xx

Hi all, I'm looking for a little bit of advice really.... I live in Wales and the provision for IVF/ICSI is one fresh cycle and one frozen embryo transfer cycle. Hubby and I had unsuccessful IVF in January 2008 and didn't have any embryos to freeze, so we were unable to utilise the frozen emrbyo transfer treatment that is available on the NHS. I asked the clinic whether the funding was available, it is. I asked then if I undertook a private cycle, could I have the frozen embryo transfer on the NHS at a later date, NO. I asked what happens to the funding, it apparently just sits there and rolls over to next year. We have recently been back and our options have changed, we can go for a treatment now which will cost less than the frozen embryo transfer would (£400 new treatment, £800 frozen embryo transfer). I have asked the Health Commission For Wales if I can utilise my frozen embryo transfer funding for one attempt at the new treatment but my request was at the end of January and I have not had a response. The clinic pointed out to me that it is becoming a two tier system, if you get eggs to freeze, you get 2 attempts, if you don't you get one but the funding is the same for everyone. If HCW say No, what should I do next, appeal or let it go. I spoke to other women at the clinic, 3 out of 4 of them are in the same boat and they hadn't even considered appealling. I just don't think it is fair, some people get 2 attempts, some people get just 1, yet the money is there for everyone to do 2 attempts and then the money sits there. I don't think I am being unreasonable for a provision to be put in place for couples who don't get the frozen trasfer, am I? Considering that the new treatment is half the cost of the frozen transfer? Thanks TF xx

I would have to agree with the above, DON'T remind them and DON'T do their job for them. I had the same trouble. I would suggest you get in touch with Manchester Trading Standards (their Salford address is just a mail drop point) as they have a file on RW&Co and seem to be adding to it by the day. Funnily enough, once TS approached them about my account, they said I was right, no CCA=no enforcable debt, they closed their file. Good Luck TF xx

Not sure if you'd want these, but I have T&C's from HSBC Gold Credit Card circa 2006, been sent to husband, but can photocopy and send, only slight issue you may have is that they are 20-25 pages. Let me know if you want them.

What, with all this prison overcrowding, do they really think so?! [EDIT]

Lowells- June 2007 Wescot- June (ish) 2007 Lloyds TSB- May 2007 Wonder if I'll ever get anything out of these?!! They all still have my £1, shall I set a DCA on to them. Out of interest, if you are still waiting, has the DCA/Creditor you CCA'd still got your £1?

Lowells phoned me once, saying if I didn't pay, I'd go to prison. I laughed at the chappie and he got so angry....'You'll go to prison, it's the law. I'll take your house, your car, your everything, you'll regret laughing at me' I simply replied 'what?, you? on your own? without a court order?, I'm kind of thinking, between you and me, you'd go to prision as that is tantamount to theft' Quite abruptly, he hung up, anti harrassment letter sent and not a peep again. Good for you LB x

Unlikely Next will have a CCA, try having a search on here, there are a few threads about Next. Now, also have a look at Diskmandave's threads re Robinson Way, absolute menace's to society but generally buy unenforcable debts anyway. CCA Robinson Way, make sure you clearly spell out to them about not using your £1 fee against the balance, as they generally turn around and say that your payment is insufficient! Also, use a postal order so they cannot get your bank details from your cheque and please don't sign your letter as they will superimpose signatures onto agreements. Keep us posted, likely to be a battle but one you probably will win.

And of course, lack of a CCA is seen as a defence to such proceedings. The amount now is small, he had some £1800 taken off due to charges and is about £400 owing now. He stopped paying via PayPlan some time ago, but they haven't kicked up a fuss whatsoever, which suprised me. The monies stopped after the 12+2 days were up. Trading standards are involved and as this is the 'final response' I'll think we'll go off down the FOS route. Mind you, reading through a few similar threads with HSBC, this isn't an unusual response. Have decided to copy their letter to the clear English campaign though!! TF

I had similar issues with GE Capital 1. You can get the terms listed by speaking to Welcome, they should give you a breakdown of your monies. 2. How far are you into your agreement, at the early stages, it is likely you will have to pay near the full amount back, whether this be by handing the car back to a garage for cash and making up the difference or by paying the full amount in cash form and keeping the car. You are unlikely to get any decent settlement figure unless you are more than half way through, in my experience. 3. Clutch and brakes are likely to be wearable items. You say that when you got the car, the concept car said they would sort it. What, in hinsight would have been better was for you to have had a check done on the car before taking delivery/possession of th car as Spamheed has pointed out, is now a situation of he said she said. However, as the items are consumables, there need replacing anyway regularly, so your insurance is unlikely to cover this. It could be worth asking the garage to take an overal look at it and if there are multiple faults found, you could technicially hold Welcome/Concept jointly and severally liable for some costs, but again, it depends if they see the items as normal wear and tear or mechanical failure. Most will try to get out of it by saying you haven't done something right, when in fact you had done everything by the book. If you do decide this route is right for you, please take relevant legal advice on this, as it can get messy. TF x

Thanks Spamheed, as I thought, but due to so much jargon, I got a tad confused. The debt was 'sold' to Metropolitan and then when the CCA was requested, sent back to HSBC who have been dealing with this since. This is just the latest in a long line of strange letters from them. As I say, the jargon threw me a bit and as I don't have the full Consumer Credit Act 1974 to hand, I wasn't 100% what they were trying to make out. The in's and out's of this were that hubby was sold this card on the phone whilst checking his loan balance, so it is doubtful any paper, signed, CCA existed, though we are willing to be proved incorrect. Cheers for the claritiy Spamheed. TF xx

My husband had the same response Louise. Metropolitan don't have a CCA, debt sent back to HSBC. Just had a letter claiming that as they are HSBC, they are under no obligation to supply a CCA. I'm sending CB's letter on his behalf today!

November last year, my hubby requested a CCA from HSBC in respect of his credit card. Today, received a copy of the terms and conditions plus this letter and any advice on the jargon is appreciated. Dear Mr TF I write with reference to your letter dated 13th November 2007 and your request for a copy of the original agreement relating to your account. Section 78 (1) of the consumer credit act 1974 requires us to provide a copy of the executed agreement if any. Regulation3 (2) of the consumer cred (cancellation notices abd copies of documents) Regulations 1983 allows that certain items may be omitted from such copies, including the signature box and signature. Therefore, the copy of the executed agreement we must supply is a copy but need not be a photocopy of the signed agreement. Regulation 7 of thos regulations also requires us to provide a copy of the executed agreement, as varied,where there is power to vary the terms of the agreement, which there is with your card agreement and that power has been exercised to vary the agreement, which again is the case with your agreement. We therefore enclose an up to date copy of the terms and conditions applicable to your account, a copy of the latest variation notice issuesd in respect of your account and a clank copy of the agreement form. the agreement form contains the original terms that you accepted when you entered into the agreement. Clause 6.1 gives the bank the right to vary the terms and conditions. The variation notice shows that the terms have been varied and therefore in accordance with the legislation the up to date terms and conditions are the appropriate eveidence to produce. Yours, HSBC Suitable response anyone? NB NO blank agreement enclosed.... TF xx

Thanks OP! I have tried the memory card trick, that was given to me on the phone from Orange, so thats been done. I have Orange Insurance, which is why it has been replaced twice, the latest model I have, I was promised it had all the software updates etc, so I didn't envisage a problem. This is where Orange are being somewhat reluctant to say the least to help any further, because, in their eyes, this phone I have now SHOULD have all the faults rectified!! I bought from an Orange shop, so should I approach them again? I don't mind getting it repaired or replaced, whatever, as long as I have a working phone! For £30 a month, I can't afford not to have the phone working as it should be. Thanks for your advice xx

Hi all I have been with Orange for a number of years now, roughly about 4. I have a Dolphin 30 package, which I have had for 2 years ish now. I had my handset upgraded in November 2007, I opted for the Sony Ericsson W910i. Since I have had this hansdet, I have had multiple problems, which have resulted in the hansdet being replaced twice, these include *Applications freezing *Shake controls don't work *Can't access text mesage inbox *Can't send or receive messages *Can't send or receive e-mail *Can't answer calls *Can't access call register *Camera failing *Media centre failing *Failing to charge *Not holding battery charge The Orange shop I bought my hansdet from initially changed the handset twice because it failed within 14 days of my purchase. Now it has failed again and has lost all my text messages, contacts and photos, I called Orange and spoke firstly to their tech team then customer services. In fairness, the tech chap was very helpful, saying there was multiple known faults with this handset and they were monitoring the situation. He put me through to customer services. As I have only had the phone 4 months into an 18 month contract, I really am unhappy with the problems I have encountered and that they happen so repeatedly. I was told that I can update my software every day from the Sony Ericsson website or pay £300 for changing the handset, there is apparently nothing Orange can do, even though they are aware of the faults. I was just advised to write in with my concerns. Now, I paid £117.50 for my upgrade, because I didn't want any of the rather dire free handsets and I am just really rather peeved because I basically can't do anything about it, I just seemingly having to put up with a faulty phone for another 10 months until my next free upgrade comes around. Does anyone know if I can make Orange repair or replace the phone, seeing as it is only 4 months since I bought it? Cheers TF xx

Once in my experience, because I sent a cheque, 3 days, you have to call and beg from a landline, not fun. TF x

Just to say, they have settled! Payment coming by cheque because they admit to widespread mis-selling and as the CCA request is in a long period of default, they will refund as soon as. TF x

Can anyone else advise on this please, HSBC say that they will not issue a cheque, only deduct from the loan, but as hubby has already paid the PPI (when he shouldn't have had to), he still believes that effectively, he is paying twice. Just to add it is still under default for a CCA request. Any advice would be gratefully received.

Yes that's including everything. We have sent a letter saying yes we'll accept the money only if they will pay in cheque form not against the loan. Have said we'll be willing to follow this through court if needs be. Cheers, TF x

Hi everyone- Can I quickly pick someone's brains? My husband has been in battle with HSBC over PPI on a Graduate loan for several months. Now we are at a point of settlement but we do not agree with the terms being proposed by HSBC. Basically due to being made redundant, he defaulted on the loan and it's now with PayPlan being paid back at £110 per month. We had a letter from CL Finance in November stating the loan had been purchased by them and a letter from HSBC stating the loan had been sold to CL Finance- all fine. We were claiming for mis-selling because when he took out the loan he was self employed, we've now found the documents and the PPI shouldn't have been sold to someone self-employed, he was also told it was a requirement of taking out the loan to take front loaded PPI, the loan would be refused otherwise. We made a claim for £1605.82 and they have agreed to that but they want to use it to reduce the loan, but as hubby has other HSBC debts, he want to split the debt pro-rata between the others as well. Should also add CCA requests submitted in November on all the debts he holds with HSBC are still outstanding. Can we ask for a cheque and divide the monies or do we just accept it being taken from the loan? Thanks TF x

Aaahh they have reared their ugly heads again....... Apologies first off for my disappearence, I changed ISP's and I am having continous connection issues, I am hoping they'll be resolved next week. Anyway, I had another 'demand' from Lowells for £917 for the Cap 1 balance. The amount has changed but all the ref no's are the same. Seeing as they are yet to provide a response to my CCA request, I think I'll file that under 'C' TF x

No not a dickie bird. Leeds TS informed, but not acting on anything, apprently due to a backlog!! No response from OFT yet either, but not unexpected either.