Hi Sunflower I have a little theory and it's only that, as i may be barking up the wrong tree:D. The reason i see why the creditors don't sign the agreement, is by doing so there accepting the consumer credit act guidelines. Allthough they ask you to sign in the box. Where it says something like we obiede by the regulated consumer act 1974. As i said it only a theory, because it does seem funny that about 9/10 agreement never get signed by the creditor. Gaz

Sunflower i knew it, i knew it they don't know what there right are is doing from there left :eek:. On mine they decided to change the card from a visa card to a Mastercard with different numbers on the account. I think i posted without looking the made up T & C's with the agreement, the agreement you'll find on my thread had no Sbuscribed terms on it. Gaz

Hi Sunflower Was the reconstructed agreement they sent you from Halifax or HBOS. They tried this with me by sending a reconstructed agreement from HBOS. Gaz

Hi Littlebert This is only my opinion but i would go all the way, and get your wasted costs of them. I think there getting a hidding lately, and thought of the easy option and send you the Consent letter. Gaz

Sunflower that must of been a big dissapointment, i dreamed that a nice young blonde was knocking at my door. Ended up it was a dwalf with big pointed ears knocking, what a nightmare . Gaz

DD thanks At the moment i'm knocking my head against the wall, been waiting in all day for the District nurse who should of been here this morning to take my dad's bloods. Gaz

Yes, probably fill up one wall of your house. But on the good side will save you on wallpaper . Gaz

Hi Sunflower Yes, it's a bit anoying but i'm on my guard now it won't happen again. There surposed to be sending me a letter in the post, can't wait to set that arrive . I hope i'm lucky and get the pink pig letter:rolleyes:. I did get get intouch with the law firm today who's dealing with my case and the blew there top when i told them. Gaz

Hi Elsa I know and i should of known better, but i broke the first rule of the Caggers don't speak to them on the phone . I'm a bit more with it today than last night, so will be on my guard from now on. I'm going to contact the Law firm today find out what's happening as they should be dealing with this. Gaz

Hi All after having months of not receiving any letters from creditors or phone calls i had my first phone call in months last night. It was from Natwest, caught me off guard as at the time i was seeing to my dad who's seriously ill at the moment. Cut a long story short my remaining creditors i put in charge of a law firm which Natwest know about but will not deal with the Law firm only me. Natwest was asking to increase my payments last night and would only deal with me on the matter. Forgot to tell this person that until the produse an agreement to bugger off, as i said i had other things on my mind i was dealing with last night. So today looks like i'm going to be busy writing letters lol. Gaz

Sunflower Forgot to ask, did you ever get the Pink Pig letter. As there is a rumour and this is only a rumour that they selling a Auction for quiet a few bob. Know if you have one i'll be your agent :D. Gaz

Hi Letsgetitsorted I'm not upto giving you advice on sending in a defence, but try Creditcardmug on here he's pie hot in sorting defences out. Or you can take a look at my thread that may help you out with your case. Gaz

Hi Sunflower Don't laugh just had my first phone call, not from Barclay's but from Natwest. Asking me to increase my £1 a month token payment. Was abit taken back as been looking after my dad who's very ill at the moment. So really caught me off guard in what to say to him. As the account has been sorted out by a law firm dealing with my other accounts. I did tell this **** to contact them, but said he couldn't as he needed to deal with me with this matter. Never mind if need be we will fight these and send them the same way as Cohens went . Gaz

Sunflower your still on first base, if you still got Blair Oliver and Scott to deal with. I'm back with my favourite company WESCOT, great company to deal with bit thick but what DCA's arnt lol. Good luck with blair scott, you need to be more forceful . Gaz

Hi Mightyacorn I think my two cases was nearly the same as yours? Gaz

Well done Mightyacorn same old Cohens, trying to run before they can walk . Great result for you, know hit them where it hurts in there pockets for wasted costs. Gaz

Here you go Coactum, this is a letter i used against Wescot your need to amend your letter to suit your situation. XXXXXXXXX 2010 Wescot Credit Services Ltd C/O Senior Manager Dunedin House 45 Percy Street PO Box 137 Hull HU12 8HF Dear Sir/Madam Your Clients Reference Number: XXXXXXXXXXXXX YOUR REF: XXXXXXXXX I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY Your formal demand, dated XXXXXX 2010, sent 2nd Class, reached me on the XXXXXXXXX 2010. Quite apart from the fact that I have not had any form of a Notice of Assignment (or similar) to inform me of your involvement, I was rather surprised to have received this from you, having received one just like it from XXXXXXXX Dept Recovery on the XXXXXXX 2009 stating the same. Perhaps HBOS neglected to mention that to date HBOS have been in default of my section 78 request under the Consumer Credit Act 1974 since October 2008, and that the account has been in dispute ever since. With reference to the above account, I requested on the 8th October 2009 that Robinson Way send me a true copy of this credit agreement before I would correspond further on this matter. My request still remains outstanding, until your company supply the documents that I have asked for and that your company can show me that you have full rights of this alleged dept. I will not correspond with you any further. This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request. I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act. Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974. For the sake of clarity, may I also draw your attention to the following: Consumer Credit Act 1974 s.175 Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under the regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities. In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER : 1. True copy of original signed executed credit agreement 2. FULL Statement of accounts 3. Copy of the executed deed of assignment from (original creditor) and (DCA) 4 copy of the Notice of Assignment 5. A fair processing notice. 6. A copy of your Consumer Credit Licence As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment. I look forward to hearing from you within the statutory time limit. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully Gaz

Coactum Notice of asignment is when an account has been terminated and sold to another company. In your case Capquest took the account over so they say. So they need to show you a notice of asignment, before they can ask for money. I'll go through my files later, and sort you out a template letter you can send off to them. Gaz

Hi Pete Right been there, done that with PC World a few years back now. I purchased a computer a few years back, had a fault with in the first few weeks. Ended up taking it back to the store 30+ times in that year, explained to the managed i was not satisfied with this and wanded my money back or a replacement or i would take them to Court. Know there's two ways you could try, one if there is liquid in the PC you could try your Home insurance for accidental damage. Or as was mentioned get an independent report, and take PC World to Court. In my case i had to take them to Court, but good news i won the day and got a full refund of £2400.00 plus £250.00 costs back. But push PC World as i've found that there aftercare is Cr...p. Gaz

Hi Coactum Wright first thing don't panic, you have control in this matter not the DCA's. First thing you need to do is get a letter of to Capquest, asking as they have purchased the alledged account. Please could they send me a copy of the agreement, a default Notice, notice of asignment, deeds of asignment, and a full list of statements from when the account started. Gaz

Hi Sunflower Yes, it's very quiet except for one company at the moment but they can soon packing there bags and going away . Gaz

Hi All Yes, send my lovely letter of to Wescot last week asking for all the documents that they need to send me before they can ask for payment. There probably crawl in a corner and send it back to HBOS. Gaz

Hi Mightyacorn Good Luck for Wednesday, look forward on your result. Give Cohens some stick, that's if Cohens turn up at the Courts Doors on Wednesday. Gaz

Yes, most important thing is win your case first getting costs is a bonus. I never put up any fees to get my wasted costs through. Allthough both cases was different, one never got to the AQ's stage that one i managed to get what i put down on my wasted costs sheet. How this came about was after the case was struck out, i phoned the Court to ask if i could put in for wasted costs. Which was advised by the Courts to submit a Costs sheet to the Court. Which was then granted by the Judge and i was allowcated a date for this. I had to supply the other side with a copy of my cost as well. The wasted costs case went to Court, which the other side never turned up and i was awarded the full amount i was asking for. Now the other case was a bit different, as this went to Court which i won. Tried to get wasted costs from the Judge, but was only awarded Petrol and parking expences. Remember the same judge listerned to both my cases months apart from each other, i'm still trying to fathem how i got the full amount for one and only a small amount for the other. So when claiming try and claim for everything, and split everything up as time spent and stationary and postage include as well. Gaz

On my two cases, one didn't get past the Allocation questionaire stage, the other they had to pay an extra £35 to submit there AQ's as they where late. Your find Howard Cohen never reply to most cases, and will go against the Courts ruling till the last minute. When i won both my cases with Howard Cohen, also won wasted costs for both cases. It wasn't till i sent them a 7 day reminder, that they paid up. Gaz