Felix , i cannot comment on the validity of the agreement, someone more experianced could comment. however you can go for reclaiming the overcharging on this account, it was only personal bank accts that was stayed. Manc1

Felixfly , Try something like this Re: my request under the Consumer Credit Act 1974 Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974. The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter. My request remains outstanding. An application form, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A application neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’. I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law. You had until XX/XX/2007 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency. To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this. The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me. I look forward to your reply. Yours faithfully **amend to suit your circumstances Good luck Manc1

Hi felix fly , let me get hold of a ****** letter for this DCA Manc1

Itstheone, you are getting it right lets SAR citibank int and cca req hillesden. Manc1

creditcard, why would it not be poss to get a set aside if nicurro has a forgery in hand. Manc1

Hi Rima , firstly calm down and secondly can you give everybody more details of the debts , ie amounts, the creditors , when you took them out etc and i am sure we can try and help you. Manc1

Hi Itstheone, on the issue of 1st credit and the charging order , the debt cannot be added to the mortgage amount.If 1st credit have got a charging order , you need to find out who the original creditor is , because they are the ones that should receive a subject access request (SAR )its a request for everything inc CREDIT AGREEMENTS and statements to show what has been added on in overcharges and also the validity of the agreement if there have been overcharges then the debt could be reduced, I bet they got a ccj in default(your mate did not contest it) and likewise the charging order. Manc1

CERB, it was a dca trying to be ******* clever. Manc1

Itstheone, try this letter for a cca request, Your street District County Postcode DATE The Bank Street District County Postcode I ACKNOWLEDGE NO DEBT TO YOUR COMPANY NOR ANY COMPANY YOU PURPORT TO REPRESENT Dear Sir/Madam Re:− Account/Reference Number xxxxxxxxxxxxxxxxxxxxxxxxx With reference to the above agreement, I require that you provide me a true copy of the credit agreement I am aware that section 78(1) of the Consumer Credit Act 1974 sets out clearly what is required to comply with my request and quote “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it” For clarification I require a copy of the agreement, any terms and conditions from the time when the agreement was executed together with a copy of current terms and conditions and a copy of the cancellation notice if the agreement refers to “Your Right to Cancel” within it. I also require a statement of account as laid out also within Section 78(1).if there weren’t any terms and conditions then please confirm this in your response I am entitled to receive the information on request. I enclose a payment of £1.00, which represents the fee payable under the Consumer Credit Act 1974. Please note that these funds are not to be used for any other purpose. I note that section 172 outlines that statements by creditors are binding where made under inter alia section 78(1) and I take this to be that any reply made in response to this request is binding upon you. Therefore you should ensure that all documents request are supplied. Any missing documents will be considered not part of the agreement and could therefore affect the enforceability of anything you send. I understand that Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 (SI 1983/1569) at regulation 2 sets out the required time frame for compliance with this request as being 12 working days from receipt Should you fail to comply with my request as outlined above, I shall consider the account in dispute. I am aware that where a creditor fails to supply the requested information the creditors rights to enforcement are restricted until such time as they comply. I am also aware that there are certain terms that are required to be within the “Agreement” and should these terms be mis-stated or not present the agreement can be rendered unenforceable in law. Notwithstanding the above, I note that the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557) at Regulation 3 allows the Signature box and signature to be omitted in a copy document but the copy document must contain all the terms off the agreement contained within the signed executed original document I respectfully request that you provide a copy of the original agreement signed by myself that you hold on file and while I accept that you can omit the signature box for the purposes of compliance with my request, you will be aware that any challenge to the agreement in court would require the signed copy of the original agreement. If you still reject this, please provide clarification on the status of the Original Credit Agreement and confirm either that you hold the original signed agreement on file or a copy of it on microfliche or that you no longer hold the file Also please provide details of who I may address a subject access request to under the Data Protection Act 1998 section 7 so that I may obtain a copy of the original agreement should you fail to forward a copy in respect of this request Therefore I look forward to receiving this information within the time frames as indicated above Yours faithfully Good luck Manc1

Maju, on the issue of the bailiffs, YOUR UNCLE DOES NOT HAVE TO LET THEM IN, JUST SAY NO.Tell the court bailiff that nothinng in the house which by law they can seize belongs to you . Everything you need to know about what bailiffs can and cannot do is on the courts website Welcome to hmcs.co.uk . You could also go back to the courts and re-assess what you can comfortably afford, and in the meantime you should be finding out the validity of the debt , by sending out a S.A.R to the original creditor. Manc1

Hi Jay , sorry to hear of your problem,whilst i am no expert IMHO you can get the warrant order suspended and agree with the claimants via the order to agree to pay a monthly amount that you can afford . You will have to do a income &expenditure breakdown for the court , but a would think the court will agree to something that is affordable . The bailiffs that work for the courts are a lot more cooperative than the self employed sh***s so you can ring the bailiff and tell him you are getting the order suspended. Its all on the courts website Welcome to hmcs.co.uk have a peep around i forgot the no of the form. Manc1

Ladydee, Good that you have taken action , however it is just the start of the war. Yes they should reply back to your CCa req , however you might find that they totally ignore you and carry on with their scare tactics. If you have got proof they have your CCA req , i would now leave the ball in their court and let the games begin.Your question as to getting your monies back , you can only get that through a court order,and getting your credit report fixed ,i wish it was that easy. Manc1

Archiebald , have a good read of the letter .It is a Subject Access Request, which is request by you to the creditor asking him to send you all of the info they have on you and a statment of your account. Now if they do have any copies of the original agreements you should be able to get them scanned and pasted onto here which will allow the experts on the site to comment on its validity and also from their statments we can try to ascertain if there has been any overcharging on your account , which you can try and recoup.Best thing to do is to read a few more posts ,and you will start putting the jigsaw together. Manc1

Hi Archiebald, try this for one, input your own details with £10 postal order and record deliver it do not sign. Data Protection Act 1998 Subject Access Request Dear Sir/Madam ACCOUNT NUMBERS: xxxxxxxx and xxxxxxxx-x Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the account Numbers xxxxxxxx and xxxxxxxx-x The following is by no means an exhaustive list but in the main this is what I require. Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation. Alternatively, a complete set of statements for that period will be acceptable. Additionally, all records you hold on me relevant to these accounts, including but not limited to: 1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the accounts. 2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company 3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response 4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold. 5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted. 6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers. 7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied. 8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money. 9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed. 11. A copy of all account statements for the duration of the agreement. 12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998. 13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974. Any Other information relating to these accounts I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable. Yours faithfully Manc1

Hi Archiebald, Welcome to CAG , you could send the original creditor a S.A.R which mesns they have to send you all of the info they have on you including any agreements and what they can /cannot charge , let me dig one upfor you Manc1

welcome uktigger , Best of luck in your battles and i know from personal expaeriance you have come to the right place. Manc1

jubaxt , is the letter you received a enforcement order, if it is you should be able to suspend the warrant. Firstly can you pay the arrears, and if so you could talk to the claimants and inform them you will send outstanding monies and you are going for a suspension . You could ask the court to reduce the monthly amount, but you will need to be precise on your income and affordability. You can find the form suspension of warrant on the HMCS website there is a fee payable @£35 . Manc1

Hi Bernard, try the following amend with your details ,DO NOT SIGN, DO RECORD DELIVER Your street District County Postcode DATE The Bank Street District County Postcode I ACKNOWLEDGE NO DEBT TO YOUR COMPANY NOR ANY COMPANY YOU PURPORT TO REPRESENT Dear Sir/Madam Re:− Account/Reference Number xxxxxxxxxxxxxxxxxxxxxxxxx With reference to the above agreement, I require that you provide me a true copy of the credit agreement I am aware that section 78(1) of the Consumer Credit Act 1974 sets out clearly what is required to comply with my request and quote “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it” For clarification I require a copy of the agreement, any terms and conditions from the time when the agreement was executed together with a copy of current terms and conditions and a copy of the cancellation notice if the agreement refers to “Your Right to Cancel” within it. I also require a statement of account as laid out also within Section 78(1).if there weren’t any terms and conditions then please confirm this in your response I am entitled to receive the information on request. I enclose a payment of £1.00, which represents the fee payable under the Consumer Credit Act 1974. Please note that these funds are not to be used for any other purpose. I note that section 172 outlines that statements by creditors are binding where made under inter alia section 78(1) and I take this to be that any reply made in response to this request is binding upon you. Therefore you should ensure that all documents request are supplied. Any missing documents will be considered not part of the agreement and could therefore affect the enforceability of anything you send. I understand that Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 (SI 1983/1569) at regulation 2 sets out the required time frame for compliance with this request as being 12 working days from receipt Should you fail to comply with my request as outlined above, I shall consider the account in dispute. I am aware that where a creditor fails to supply the requested information the creditors rights to enforcement are restricted until such time as they comply. I am also aware that there are certain terms that are required to be within the “Agreement” and should these terms be mis-stated or not present the agreement can be rendered unenforceable in law. Notwithstanding the above, I note that the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557) at Regulation 3 allows the Signature box and signature to be omitted in a copy document but the copy document must contain all the terms off the agreement contained within the signed executed original document I respectfully request that you provide a copy of the original agreement signed by myself that you hold on file and while I accept that you can omit the signature box for the purposes of compliance with my request, you will be aware that any challenge to the agreement in court would require the signed copy of the original agreement. If you still reject this, please provide clarification on the status of the Original Credit Agreement and confirm either that you hold the original signed agreement on file or a copy of it on microfliche or that you no longer hold the file Also please provide details of who I may address a subject access request to under the Data Protection Act 1998 section 7 so that I may obtain a copy of the original agreement should you fail to forward a copy in respect of this request Therefore I look forward to receiving this information within the time frames as indicated above Yours faithfully Hpoe it helps Manc1

Silly question all , how can i paste the logo from enron onto my signature

grey6363, i know somebody you asked capquest for a CCA , upon which they said bye bye v quickly. Manc1

nice one enron

Chin up UK Manc1

UK will donate £50 towards the war chest, and will do same in next 2 weeks( will have to forsake the amber nectar & ruby murrays for a while). This is a fight that uk26 is fighting for all of us and needs every Caggers help , who knows? with a victory ,small as it may seem ,it could help bring about a change that benefits all of us and any impoverished souls that fall into the clutches of DCA in the future. Also MODERATORS why cannot we move this appeal somewhere else on the forums where it can get a bigger audience. EVERY LITTLE BIT HELPS. Manc1

Stebabs, i know it all seems daunting and you are scared , however you need to calm down .From my personal experiance these guys know what they are talking about , so wait for 42 man and he will help. Manc1

Foxie , which is what i was going to do , howeve i am doing recorded so did not want to use the po box . Manc1