Many thanks dpick. I have seen here in the past a post referring to my original request but can't find it now, hence request.

Hi All.

I read some time ago here that when a dca bad credit references you whilst an account is in dispute, thay are committing an offence. Furthermore that there has been a test case that the debtor is entitled to £1000 compensation, without having to prove anything other than the referencing entry.

Could some kind knowledgeable soul here point me to the thread and the case reference. I need to file my counterclaim against Lowell by 18-09-12.

Any help appreciated.

Thanks

Hi. Last posting may appear a bit vague upon re reading.

Reply form 8406 is the Application form. Upon requesting twice, a true copy of the cca, first time it came without their signature some four years after opening the account, second time it had a signature on it! Any mileage in that?

What I am really looking for, is the text to defend the claim against me that I need to enter on the court papers. Can some kind soul point me in the right direction as to where I may find this?

Also any other pointers greatly appreciated!

Rodders59

Hi. If its Brum, count me in!!

Hi. I filled in reply form 8406, which many posters have said is un enforceable.

Has anyone had a Northampton CC claim issued against them. I would really appreciate some help with filling in the defence bit of the form. Should I also counterclaim, stress harrassment etc?

Really cant afford to loose this one!

Regards

Many thanks SF, have downloaded the toolbar.

Regards

Hi SF

Can I not force them to write it off?

Hi. Lowell have written and said egg cant find the agreement as requested. They state that they will cease collection activity untill it turns up.

My question is:

Can they do this? IMHO they have not complied with the request and therefore the alleged agreement is unenforceable. Surely they cant hold this over me indefinately.

What should I do next?

Any help really appreciated

Rodders59

Hi All. I have posted above, but have not got any replies, have I done it wrong? Any help appreciated.

Can't find out how to start new thread, any advice!

Thanks

Rodders

Hi. Some time has passed and Cartel had been involved. The situation now is that Egg has written saying they cannot locate the agreement and will cease collection activity until such time as they find the agreement! Can they do this or is there law which I can quote to force them to write it off and remove credit entries?

Thanks in anticipation

Hi All

Can some kind soul give the case reference for Wilson v FCT?

Regards

Rodders59

Many thanks Freakyleaky!

Hi

Has anyone got a letter template for a S.A.R - (Subject Access Request) to a credit card company?

Much appreciated

Rodders59

Thanks robdblynd!

Could any of you knowledgeable souls have a look at this egg "agreement" and let me know what they think.

One thing I have noticed is that is has no mention of remedies.

Does anyone have a copy of a 2002/03 agreement, I am dubious about the line between the two signature boxes!

Also is there a current agreement available for comparison?

Many thanks in antiipation.

rodders59

Hi All

I have CCA'd Egg and they have responed with a document I am not sure about.

Having trouble getting scan onto post

Can anyone please advise me, as I am new to this and 9 providers to do!!

Regards

Rodders

Hi

I have been using a photocopy of my Adult Court Bench Book. Section 2 of the 1997 Harassment Act! Works with some DCA's They stopped phoning me. I requested written comms only

Harassment

Conduct causing harassment;0]

Protection from Harassment Act 1997 s.2 Triable only summarily

Penalty: Level 5 and/or 6 months

Consider making a restraining order

CONSIDER THE SERIOUSNESS OF THE OFFENCE

(INCLUDING THE IMPACT ON THE VICTIM)

IS DISCHARGE OR FINE APPROPRIATE?

GUIDELINE: 5 IS IT SERIOUS ENOUGH FOR A COMMUNITY PENALTY?

IS IT SO SERIOUS THAT ONLY CUSTODY IS APPROPRIATE?

oa’

OCONSIDER AGGRAVATING AND MITIGATING FACTORS AND THE WEIGHT TO ATTACH TO EACH

for example

Disregard of warning

Excessive persistence

Interference with employment/business

Invasion of victim’s home

Involvement of others

Use of violence or grossly offensive material

Where photographs or images of a personal nature are involved

This list is not exhaustive

for example

Initial provocation

Short duration

This list is not exhaustive

If offender is on bail, this offence is more serious

If offender has previous convictions, their relevance and any failure to respond to previous

sentences should be considered — they may increase the seriousness. The court should make

it clear, when passing sentence, that this was the approach adopted.

TAKE A PRELIMINARY VIEW OF SERIOUSNESS, THEN

CONSIDER OFFENDER MITIGATION

for example

Age, health (physical or mental)

Co-operation with police

Evidence of genuine remorse

Voluntary compensation

CONSIDER YOUR SENTENCE

Compare it with the suggested guideline level of sentence and reconsider

your reasons carefully if you have chosen a sentence at a different level.

Consider a reduction for a timely guilty plea.

Restraining order — consider making an order in addition to the sentence to protect the victim

or any named person from further conduct which would amount to harassment.

DECIDE YOUR SENTENCE

NB. COMPENSATION — Give reasons if not awarding compensation

© The Magistrates’ Association 40 Issued October 2003 for implementation 1 January 2004

Hope this helps