Following Curleyben's advice, I ould just like to add to your point about the account being passed to other DCA's or back to the original creditor. I have had this happen on more than one occassion, so, although, NO, it should not happen, it does happen. I had taken to putting in my initial CCA request letter that the account should not be passed to any other party during the period the request for my CCA was outstanding. In my experience, Lowells/Red are the worst, along with Buchanan Clark & Wells.

You will no doubt get a letter back from Lowells sayng 'we hope to provide you with the requested information within 12 days', standard letter from their complaince team. Keep us posted!

Hi Sinkers, welcome to CAG First of all, don't fret because you are in the right place for some advice. You say this account is really over 6 years old, it's no suprise to me and many others on the site that Lowells/Red, whi are the same company, are supposedly collecting on behalf of HSBC, they seem to specialise in statute barred debt collection. Now Statute Barred means that if you have not acknowledged nor paid any monies in the last 6 years, then the debt is no longer enforcable, you will need letter M from this link http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html and send it to Lowells/Red by recorded delivery. I am sure that more members will be able to offer a bit more depth of advice than I can but remember we are all here to support you.

I think it is a bit rich of the DSBG to go on about how certain websites (not CAG obviously) go on about debt avoidance. DCA's will AVOID wholeheartedly giving consumers the correst legislation which applies, they BULLY, they LIE, they INTIMIDATE people who don't know what rights they have in respect to debt and debt action. It is little wonder that consumers are taking a stand against such practices. It has always been the case that DCA's take the moral highground, 1st Credit, I have found, in particular are the most horrific of the lot, they refused to let me have the associates full name when they called me, insisted I call them Mr such and such and they called me names like Wh**e and B!*ch on the phone because I wouldn't agree to their repayment proposal. I have since never spoken to them and I got a one line letter of apology from their firm, so why shouldn't I question their right to collect a debt, they question my right to only be able to pay what I can afford. Many of us, will not tolerate a liar, which should we then, just because we have found ourselves in a situation, that, in most cases, we cannot help, bend over backwards to a DCA and not question their practices? I am extremely grateful to CAG, I have had some debts fall flat on their faces due to non compliance with CCA legislation, I have never asked for a debt to be written off either, 2 companies have said they will write off the debt because of the compliance failure, others I have made F&F settlements on and I am now much more in control of my debt and I don't live in fear of these DCA's anymore, because of the help and advice from CAG and none of that help and advice has ever promoted, nor mentioned, Debt Avoidance. TF

Well, give yourself a pat on the back for what you have achieved so far and don't think of Rutbridge as anything other than a bunch of jumped up school bully's with nothing better to do that flount the law at people who may be too scared not to believe every word they say.

Red I bet you spent a good while fretting about this and within half an hour, you've got yourself a great action plan, you've had a huge weight lifted and you know you have an abundance of support here too. Good luck with everything and keep us posted with any developments, TF x

Welcome to CAG Ruthbridge cannot simply make you bankrupt on Tuesday, they would have to serve you with court papers first although I am not wholly sure of the actual proceedure. IF and it is a big IF, someone comes aknocking on Tuesday, you DO NOT have to answer the door, you can speak through the letterbox or through a window, you do not have to confirm your identity and you can ask them to leave your property. If they refuse, state you will ask twice before calling the police. Ruthbridge are preying on you not knowing your rights but now you are in the right place and no-one will judge you, the first thing to do is to find letter N here http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html get a £1 postal order, not a cheque as it has your bank details for them to set up direct debits. Don't sign the letter, again, they can forge it onto documents. You wait 12 working days and add two for postage, not forgetting to send recorded delivery, then see what they send back to you. You have come to the right place, we'll help you all we can. TF x

kingofkings, It makes you wonder, why they are bothering threatening you with legal action, when, in their own words it is unenforcable via a court order, surely a court order is legal action? TF x

Absolutely agree with ODC, the way these people are, if you put that sentance in, they will start hassling you to take a loan out. DCA's have little morals and even less common sense, hopefully your letter will see them off.

I think any judge in their right mind would take a very dim view of the conduct of DM Ltd in this matter, especially since they also contacted your son say he also had to pay this alledged debt back! I think a TS complaint is coming on, am I right in remembering you have made TS complaints before?

Ooops I read your post incorrectly. I would get your CCA's as a matter of priority, even if they are all perfectly valid, it is good to have them to hand, in case you ever need to query anything. If they cannot provide them, then there is no enforcable debt and you can deal with the creditors who do have valid CCA's. For the price of a few stamps, it's worth it. I would just add that the utility debts won't have CCA's, they are not covered by the CCA legislation.

PM winging it's way to you now xx

Not in as far as the Law is concerned, Removalman. However I got Trading Standards involved with Robinson Way & Co (another **** of the DCA world) and as a result of that intervention, the admitted defeat and closed the case, I am now fighting for them to remove 2 defaults they entered on my credit record. I think it is almost impossible to 'criminally' default DCA's, however, Trading Standards, Office of Fair Trading and the Financial Ombudsman Service do make up a good argument against these people.

Thanks for clairfying ODC

Hi Ollie Welcome to CAG. I know things are feeling pretty rubbish at the moment but you have taken the first steps to feeling empowered You have done the right things in requesting your CCA's from your creditors, you say you can't afford recorded delivery, you can get a proof of posting free when you post your letters at the post office counter, although it doesn't prove delivery, it does prove you have sent the letter. Personally, I don't think that the CAB have the best tack on debt management and counselling. They don't seem to hold much sway with the creditors. Only when you have received all the correct and enforcable paperwork (CAG members can help you with whether your agreements are enforcable), you may wish to consider contacting Payplan Free Debt Management company | Payplan or the CCCS CCCS - Free Debt Advice from the UK's Leading Debt Charity for some help about structuring your payments to your creditors. They can both advise you if it is better for you to be paying £1 per month or to enter into a debt management plan (DMP- but only normally if you have £100+ a month left over after all your expenses) or possibly even IVA if you have over a certain amount of debt. Both are excellent and I would recommend talking to them, even if you decide not to go any further with them. However bad things may seem now, you are not alone in this and if you hit any snags or problems, let us know and we can try to help. TF x

In any case Maxsmum, for MBNA to obtain a charging order, they'd first need to get a CCJ against you, if you have been making token payments, any reasonable judge would not award them the CCJ immediately, if they did, they may fix your payments at a lower rate. ONLY when you don't pay a CCJ can MBNA force a charging order on your property, some people opt for the CCJ to be charged against the property in the first instance, indeed a former client of my other half's did. I get the feeling MBNA are trying the scare you, you have done nothing to be worried about here, you have done everything right, just make sure all correspondance goes via recorded delivery and keep everything together, should you need it. Very best of luck to you, TF x

Hi Nottsdave is correct, Mackenzie Hall are not solicitors, if they are palming themselves off as such, that is an offence. Interestingly, Lowell & MH seem to be experts in buying unenforcable debts. Anyhow, you are the one with the upper hand now, Lowells have broken the 12 working day rule for supplying you with a CCA AND they have also seemingly sold on a debt in dispute, so Lowells are really being pretty pathetic. Your first port of call should be a letter to Lowell's area's Trading Standards dept, saying they have failed to comply with your request for proof of debt and that they have sold on an account in dispute, also forward a copy to your local trading standards. I would also be inclined to do the same for the trading standards in Mackenzie Hall's area too. Whilst doing this, also get yourself onto the OFT/FOS websites and start writing your case and send to them, a FOS complaint will cost Lowells and MH £400 just for the pleasure of having a complaint being made against them. I've sent you a PM as well on the matter. TF x

Yes at least they know they are having a laugh! Keep us posted Belaflat

Absolutely, he told them in no uncertain terms what he was intending to do with their continous calls! I think though....he was secretly flattered someone thought his battered old baby was worth £16k!!

The advice you have been given so far is great and I would follow it to the letter. I would just like to add this link, as you seem to be having a rough time with them calling you http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/99376-telephone-harassment-action-plan.html If you just want them to stop outright, you can get BT to block witheld numbers or use the choose to refuse service. you may even want to answer the phone to simply say 'I ask for you to place all communication in writing' and hang up. I don't advocate calling them but this might be a good scenario to have to hand if they ever catch you on the hop and you answer the phone. Best of luck

Just wondering, if any CAG-ers in the South Wales ares would fancy a meet up, realistically now it would be after Christmas, but if we are super organised, we might be able to meet up before? I'm in Gwent and have good links to Cardiff, Newport & Swansea, was wondering as the last meet was Cardiff based, can anyone suggest an alternative for those who may not be able to make it to Cardiff. I was sort of thinking Merthyr or Bridgend? Sign on here for when you're about and where you could get to and we'll try to organise something.... TF x

In Wales it is £15,000 per year, not sure if it is the same everywhere though

Hi Jen I'm not sure about the answer to your question but I just wanted to say I have found myself in the same situation, I am doing a BSc in Wales and I am in my 2nd year and they want to do away with my degree because they have 2 other similar degrees in the university. Unfortunately they want us all to change to one of the 2 other degree courses for the third year, because they have lost their accreditation for my degree. I feel disappointed because, like you I want to do my second degree in medicine and I don't feel changing to these other degrees will give me enough to be able to feel competant to do it. Let me know how you get on.... TFx

It is becoming more common, I used to be a dental nurse and we had a huge NHS waiting list, some 2000 patients at our lowest time, we were allowed to take a £5 deposit to secure an appointment but it would be taken off the appointment balance, usually a first appointment would have been an examination and a scale and polish and x-rays, if the patient didn't turn up or make contact within a time period, the £5 went into a charity pot, and we'd donate it to the local children's hospital. With availability of NHS dentists at an all time low in some areas, I am hearing of this deposit scheme more and more frequently from friends still in the trade.

Hi I just thought I should update this..... I had the operation..as an emergency because the problem became urgent, my GP admitted me and I had the op the following day. Not plain sailing since but it's been done.... Thanks all, TF x