Sorry for butting in, but this may help to clarify: Before the test case especially, when claimants were being paid out by shAbbey, it was ALWAYS by cheque, and ALWAYS into an exisiting shabbey account. That way they got their pound of flesh back before the recipient could touch it. The only cases I know of where people received a cheque directly was where the shabbey account had previously been closed, thereby rendering it inaccessible. So it would appear that they are sticking to this practice - after all, why the hell would they give you YOUR money back if you didn't pay THEM first out of it? Their argument will probably be that until the charges are proven to be unfair, they are still entitled to charge and recoup them. Sorry because that's probably not what you wanted to hear, but it is certainly my interpretation of their twisted shenanigans.

Yes you need to amend those sections, or alternately you could send the following (kindly supplied by idainfife): Account In Dispute Ref: Dear Sir/Madam Thank you for your letter of xx/xx/xx, the contents of which have been noted. 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 **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference. You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request) The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.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 your client enters into a default situation. This limit has expired 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. 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 14 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 reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully, Print, do NOT sign your name (or use a digital signature). hth x

The 30 days and offence part of the Act were repealed (last year I think), therefore only the 12+2 for posting days apply now. Hope that helps.

Yep - a seemingly very dodgy one at that.

You have inadvertantly left your name on the letter - suggest you amend pronto before "anyone" identifies you.

Just googled him - quite the con-artist it would seem. Having been struck off he is obviously now looking for new ways to fund his lifestyle. Not with CAG now on the case, though!

Gosh I hope so..... Horrifying and alarming are just two descriptions that come to mind. As an aside, check out the spelling, punctuation and grammatical errors - bloody abysmal. This just can't be right, can it??

http://www.consumeractiongroup.co.uk/forum/show-post/post-2012257.html This is one post, but I saw it somewhere else, maybe a news article; been reading too much lately I think and it's fried my brain!

I read somewhere that it was 12 weeks, but I am blowed if I can find it now. (But I will keep looking.) By the way, commiserations on the case, but all credit to you and GaryH for your efforts. Nice to know that even Inga is not infallible! And I love your pantomime.......heres hoping the pumpkin explodes eh! Best regards Jo xx

Actually I reckon she'd still be spouting sh1te now if they'd left the mikes on. Then again, having listened twice, she sounds like a blubbering idiot, albeit a teflon-coated one with a large plum in her mouth:rolleyes:

Afterthought: Have you considered requesting CCA's for the credit cards? That might give you some breathing space, especially if you have had them for a while. I'll post the links in a bit if you need them.

Hi and welcome As far as I know bankruptcy is personal ie it only concerns your assets and liabilities, therefore if the house is your partners and you have no legal ties to it, then it will not be included in the bankruptcy. The only problem I see is that, again as far as I know, government debts are NOT included in BR - so that may be a sticking point dependant on the size of the debt to IR for tax and N.I. Hopefully gizmo or palomino - site experts in this field - will be along to give you more advice soon. In the meantime, best regards and I hope it all works out for you.

I have had calls from 00000000 just lately also - thought my phone display had died at first! Haven't answered any of them yet. On the website whocallsme there are some interesting comments. It would appear that if you are not who they are looking for, then they just ask for the homeowner. Lots of people are concerned that that it is an identity fraud [problem] - they pretend to want to help you with your debts, then take all your details and bobs your uncle. Allegedly. Frustrating not knowing how to stop the calls - I am ex-directory and TPS, so maybe they just generate the numbers on a computer program. Hope you get somewhere fudged - it would be good to know the real story!

Rugby Union - The Six Nations I know from reading posts of yours that you don't really do sport, so I sincerely apologise. I wasn't detracting from that fact that I seriously think you do a marvellous job here. I was just on a high because we won against the French, which is a big achievement, that was all. Sorry, really sorry. It wasn't a dig or anything. Just me being stupid. I blame the tablets, but you can blame me.

Congrats Bookworm - you've done a fantastic job so far, your vast knowledge and sheer enthusiasm are to be commended, and I am sure you will continue in the same vein long into the future........ ............................ ............................ Unlike a certain team at Croke Park this afternoon!!! Sorry, just couldn't resist:D It's not often us Irish rack up a win against the fearsome French, so I am in a good mood for a change!

Thinking of you both - and the wonderful Argus too! Seriously praying for a decent outcome, and hoping you have a quiet weekend. All the very, very best xx

The quote I read was saying something about JC inferred that disability leads to incompetence. Absolute rubbish. JC did NOT say that because GB had one eye he had screwed up, he said that he had screwed up (lied actually) AND he had one eye. The two were not linked in any way except by another bunch of PC freaks who are obviously out to get freedom of speech completely banned. Ooh, and my toy golliwog, from a famous brand of marmalade, still sits proudly on my bed, and has never offended anyone.

How dare you judge people like that. The poster has stated that there WAS enough money in the account - it would appear to be an error by the bank. This site is here to help people, no matter what their circumstances. So you can take your holier-than-thou attitude elsewhere thanks.

They absolutely cannot force entry unless you have previously given them the right of peaceful entry first, and as this is your first letter from them, well, enough said. It is a ploy to un-nerve you so much that you will just cough up - but I am so glad you haven't fallen for it! Welcome to the site by the way - sorry should have said that first - and you have definately come to the right place, at the right time. Go and get some sleep, then update your thread with a few more details in the morning and the wonderful experts - of which I am not one - will be along to assist further. Sleep well xx

I know this is distressing, but can you answer some questions please: Who exactly is the letter from? Have the Council taken the case the Court and obtained a Liability Order? Are you on any benefits? Sorry if it sounds personal, but with the above info the great peeps on here will be able to assist you further. Also: Do NOT speak to these people on the phone. Do NOT answer the door to anyone you are not expecting. Do NOT leave any doors or windows open - lol you'd be mad to in this weather, but even so! And above all, try not to worry - easier said than done, I know, but you will get help. Best regards xx

This is just appalling. Certainly puts my problems into perspective. I really cannot believe that the council are being so heavy-handed and insensitive to your situation. If I was any where near where you live, I'd be more than willing to give you moral support, and give them what for, but I am too far away I'm afraid. I can't offer any advice, but just wanted you to know that I am thinking of you constantly, and praying for a speedy resolution for you. I hope someone comes along soon with some help. Very best regards xx

Erm, let me think....... Lack of snow 2 miles away? People in Wimbledon have hi-jacked the trams because they don't want to come to Croydon any more? Or is it down to an inept, ineffective bunch who couldn't run a bath?:-| Could be funny if it wasn't so painfully true.

Yup - if I hadn't gone to get milk this morning (and ciggies too:)), tomorrow it would have been: Hey kids, what do you fancy for breakfast? Weetabix, cornflakes or a fag? LOL what a sorry state. :lol:

Doh! Just seen the sticky. Sorry for making a thread that was un.....er wasn't needed (got spamthritis now and cant spell) Apologies x

Done. Cheers Stig