Hello Mrs P, did they enclose a copy of your deeds aswell? I know somebody who has just received this exact same letter, enclosing his deeds! I think that is outrageous and a complete breach of the debt collection guidelines. I suggest you report this to TS immediately and any other agency you feel like! This appears to be a relatively new tactic, but with no enforceable CCA agreement, they wouldn't have a hope in hell of gaining a charging order, they'd have to get a CCJ first! Regards, Corn x

Actually, having just re-read your post, has it occured to you that he might be doing all the crying and sob stories in the hope that you will stump up the £4k or £8K that he needs or even the money to buy out the ex? How was the figure calculated regarding the ex? Where did the £40K buy-out amount come from? I also doubt very much that he would have been approved a loan with 4 months of mortgage arrears! If he is lying this early in the relationship and money problems are already a major part of it, I really would run for the hills if it were me! Best wishes, Corn x:)

Hello, dear oh me what a tangled web! I think there is rather more to this than meets the eye and I hate to say it, I don't think he is telling you the truth here. Also, of course he wants you to move in! A solvent partner, with a good income, buy to let properties, you are a good catch! I would demand the whole truth from start to finish and if he can't tell you, end the relationship. Is there any way of contacting his ex to see if she can shed any light? I really hate to think you are being conned here. However, I am a cynical so and so! Good luck. Best wishes, Corn x:)

Personally, I would get somebody else to sign the letter in your name or alter your signature slightly, in case they try to scan it onto an agreement! It has been known. Further, you must apply for a stat demand set aside. I know the 1st Credit tried this with somebody I know recently and he issued the set aside application, went to Court and guess what? They didn't turn up. The Judge was not impressed and granted the set-aside. The person in question has heard nothing from them since. I hope this helps. Regards, Corn x:)

OMG:o Hello stranger! How are you? Hope all is OK! I have SO wanted to get in touch but husband reformatted my computer and I lost all my contacts, which has been a complete nightmare. Even all my friends from over the road!! The reason for that is because I wanted to know that you were OK medically and to say I have just been down the same road but got the all clear (even though it took 3 months, test after test after test), but we got there in the end. It has been an extremely frightening experience. I hope all OK with you and yours, if you still have my private email addy, please get in touch, if not, PM me here or over there..... Big hugs, Corn xxxxx:)

Hello again, an S.A.R - (Subject Access Request) is a Subject Access Request (sorry I know that will double post but when somebody types SAR in CAG, this is what is comes up with!). This is a legal request that you make under the Data Protection Act to anybody who may hold information regarding your personal data. You've heard about people reclaiming bank charges right? For example, if you had a credit card with, say, Barclays for 10 years and they had been adding charges here there and everywhere, you would issue an SAR to them for all the data they have held on you. The Data Protection Act says that you are only entitled to information from the past six years (in accordance with statute of limitations), however, there are ways around that, but for simplicity we will stick to this. So, Barclays would provide you with all your statements, a true copy of your executed agreement:roll: , all copies of correspondence between you, etc etc. The purpose of a SAR is to reveal the information that a creditor has on you and also to reclaim charges you may have had applied to your account. I hope that this clarifies matters. There is a SAR letter in the template library. You must include the statutory fee of £10.00. It is worth doing, because it can throw up all sorts of anomalies, such as no executed agreement! You can issue an SAR under ANY circumstances, so do keep this in mind. I hope this helps. Regards, Corn x:)

No need to unplug the phone, you will find a letter in the template library for telephone harassment. Print it out and sign it and send it to them. That will stop the phonecalls. Bloody cheek, these people are beyond belief! Hope that helps, Regards, Corn x:)

Just so you are aware, Triton are "in house" collectors, they are for Tesco and I can only assume they are for Mint aswell (although I am willing to be corrected on the Mint situation). I am afraid I have a very gung-ho attitude to these people. Triton are very threatening, they have within the space of two weeks, threatened me with all sorts, despite the fact that Tesco have no complied with my CCA request and my SAR. If they threaten you with Court, tell them to go ahead. You have all the evidence you need, you have a CCCS plan and you were paying off Mint at an agreed rate. They haven't purchased the debt, despite what they tell you, this will be a matter of simple assignment where they are collecting on behalf of the original creditor. Please take control of this, don't let them scare you. Sent you CCA to both. SAR both. See what comes back and repost. Regards, Corn x:)

LOL! ODC, that is the smuggest, most self-satisfied post I have ever read! All power to you! Regards, Corn x:)

I find it very upsetting to read threads like this, especially in the current climate. However, I can say that you are likely to get a positive response from the Court as I know of somebody who was in almost the exact same situation as you recently and their realistic proposals for settling the arrears whilst keeping their home was accepted and is manageable. Do you actually WANT to sell your home or are you thinking this is the best way forward? If it is because of this situation, then I would advise you to sit tight and wait. You will hopefully have a positive outcome tomorrow but now is not a good time to sell and you have all the added expense of HIPS etc. If you really want to live in your home as a family home rather than an investment, then take it off the market. You could just as easily fall into arrears with rent and the situation would be far different. Just my thoughts, but I wish you well for tomorrow. With best wishes, Corn x:)

NO NO! Don't apologise! I didn't mean to scare you!! I just thought that as this thread was about the workings of debt collection agencies, it might be better, under the circumstances, for you to have a whole thread to yourself regarding Mary's issues! New threads tend to get a lot of attention! If you need any help with that, then please do let me know! A hug for scaring you..... Regards, Corn x:)

Janesy, I would suggest that you start a thread on this in the General Debt Forum. I would imagine that most of the debts are now statute barred, but it doesn't stop them from searching. I would suggest not responding to any searching letters, although others may disagree. I doubt that current facilities would be withdrawn, especially if they have been properly run. I suggest same regarding her bank account. I really do think that you ought to start a separate thread on this and provide some further information. I hope this helps. Regards, Corn x:)

Ah! But did he do it on purpose or is he undercover, or is he a shameful debtor like the rest of us????!!! I look forward to your response OTB! Regards, Corn x:)

Thanks Hope! I know it sounds daft, but I have learned so much about these things over the past months. I will PM you. The Barrister works on a time used basis so can be quite affordable, I have to admit I wouldn't have been able to afford him a year ago, or when this all started, but I have budgeted for it! I do understand, though, that this is not always an option for everybody and I SO wish it were. I have no choice but to defend, this has gone on long enough and has completely taken over our lives, so I have to get on with it! It is a slog though and if you saw the amount of paperwork I am surrounded with, have had no dinner and am still in gym kit from this morning, it isn't pleasant!! Anyway, onwards and upwards and I promise to keep updated! Regards, Corn x:)

Congratulation to OTB for a truly amazing and useful thread. I hope you have good cover! I have a couple of questions though : How do you deal with an DCA and their solicitors when you have spent 16 months trying to communicate with them and they have never answered a single, solitary letter and have ignored your SAR and your CCA requests? I am talking around 26 letters in fact, which have all been received and signed for. How do you deal with a DCA who has filed a claim, despite all the above) at county court (a claim that will be fast-tracked due to the size) despite the OC admitting that they converted documents unconnected to the "debtor" in an attempt to concoct an enforceable agreement? Oh and put all the wrong information on it, at that! I am more surprised that the Solicitor for the DCA is extremely well known and "high end" yet they can't respond to letters? Why is that? Further, why they have advised their "client" to litigate is beyond me. Will they withdraw after my defence is submitted? What do you think OTB??? I have, thankfully, been able to afford a Barrister (on a time spent and reduced fee basis) to represent me in Court. I ought to say that the reason for this is that in my experience, the Judge does not appreciate a Litigant in Person, however, their tune is very much changed when a Barrister comes into play. That is just from being an observer in Court. I wouldn't put myself through it after that! Sorry that is slightly off topic but was touched on earlier in the thread. Regards, Corn x:)

PriorityOne! We haven't caught up in ages! It wasn't a Goldfish card was it? If it was, then join the club! Regards, Corn x:) PS : The Cabot Fan Club are F.A.B. I don't mean the Cabot that prefer the hung, drawn & quartered option!

Hello Hope & Emp, thank you so much for your posts! Blimey, I have just realised that my thread has had over 17,000 views! Right, a very short rundown : Husband had a bit of a breakdown. I found out some time later that he hadn't been paying card. Tried to come to an arrangement with MBNA, they agreed and then promptly sold to DCA. That is about it actually! Now, I have spent the past 16 months trying to enter into dialogue with DCA and their sols, they haven't answered a single letter. MBNA provided a Blue Peter agreement. They then actually admitted to doing it IN WRITING! This has not put off the DCA and their sols, oh no, they have now issued a claim for £15K plus. I have hired a Barrister. I have spent all of today putting together the bundle and defence is ready to go. Because of the situation, I can't post any of the defence or other issues up on the forum. I promise to keep you posted. Hope that helps! Regards, Corn x:)

Don't worry about this, it says at the top "this is not a court document" . I got a complete write off from Marshall Ward on the basis that they could not provide an agreement. I would write back to them spelling out, in no uncertain terms, that they have not complied with your legal request to date and the matter will be brought to the attention of the Court if they were to attempt to enforce via this route. I suspect that these crossed in the post to be honest. I hope this helps. Regards, Corn x:)

Hello all you strangers! I thought it was about time I updated this thread as I haven't posted in a long time. To cut a long story short, Arrow Global have just issued a claim on us for the whole amount and are aiming to get a charging order on our property. I have, of course, sent the acknowledgement of service with notice that we are defending in full. Defence is ready for submission but I am just waiting for the Barrister who is advising me to return from holiday to give it the once over. So, that is where we are at now. It's taken them long enough hasn't it? I will try and keep this updated with developments. Regards, Corn x:)

Oh dear, I think you didn't get an answer to this as you put it on my thread rather that starting your own. I see you haven't posted in some time, so if you get this I suggest you start your own thread in the MBNA forum and I am sure you will get lots of help. Regards, Corn x:)

I would suggest that they don't have a leg to stand on. You absolutely MUST NOT sign and return the new agreement they have sent you. I would write to them and point out very politely that without a true copy of your executed agreement, you expect them to darken your door no more. Regards, Corn x:(

Jaxads, I would personally tell them where to stick it. The fact is, an application form, regardless of the CCA note on it, is still an application form because it does not contain all the prescribed terms which much be embodied in the same signature document. This is the same old thing with MBNA. The fact remains that they have been taking payment from you, without having the correct paperwork in place. Up to you how you want to handle it, but if it were me (and actually, it is me because I am in the position now), I would tell them that no further payments are forthcoming and invite them to attempt to enforce the so called agreement in Court if they are so confident that their paperwork is enforceable (and given the time it has taken for them to produce this, they are skating on thin ice in any event). Good luck. Regards, Corn x:)

Hi Tartanscouser! Nice to hear from you again! Wow, you have done a brilliant job, well done!! This is all sounding fantastic! I am really really pleased for you and it is very heartening to hear stories like this! There is lots going on with MBNA but nothing I can publicise unfortunately, however, I will do when I am able - God only knows when that will be! Anyway, good luck with them and do shout if there is anything I can help with! Regards, Corn x:)

Well it is quite clear they don't actually have the required document (and I have looked at the thread above and the application form provided which is wholly unenforceable), therefore I would tell them that you are going to file at court to have the blank agreement declared unenforceable. You could ask them to provide you with the documents they intend to rely on it court, were they to attempt to enforce this so-called application form, and you can quote the Civil Procedure Rules : Pre Action Protocol 4.6. Sounds like you are onto a winner here! Good luck!

Also, could you clarify, when you say people are being sent completed application forms, can I assume you mean completed by the applicant, rather than the bank? Sorry if this seems a very daft question, but I wouldn't put it past them..............