Hi guys! Hoping you can help... I have 6 points on my licence (1/08 and 01/09 ... January wasnt my month!) Today i got TWO Notices of Intended prosecution for speeding (36mph and 37 mph) from the same camera exactly a day apart.... I genuinely thought it was a 40mph zone as it was on a dual carriageway... I know for one of these I can do the speed awareness course and for the other just take the 3 points but I am fuming.... 1) There is one TINY 30mph sign a few yards before the camera and that is it. 2) had I say been stopped for speeding a week before the other and was aware of the restrictions I would have known it was a 30mph zone... Can they chanrge me twice (same camera) so close together as it hasnt given me warning? is this classed as unethical? are there any ways that I can get around this? Any advice would be greatly appreciated :o) Thank you! Victoria

Hi Docman, thanl you for your reply. It has come from Northampton. My experian report now shows as 'default' against CL Finance but never did for HSBC. Originally I had agreed to pay them x amount a mpnth but when I asked for the CCA and they couldnt provide it, I stopped paying them anything but write to them many times (and to CL Finance including copies of the letters Id sent to HSBC, despite no replies acknowledging receipt) as per advice on CAG. I however spoke to a legal firm yesterday who for £45 will look at the paperwork for me and assess for enforceability and they have said that I should send back the Defence and counterclaim form stating in teh defence section that I am challenging for enforceability as the claimant is unable to supply a consumer credit agreement. Do you think I should also reply with theacknowledgeemnt of service form to give me 28 days (or give this legal firm 28 days to deal with?) Thank you so much for your support Vic

Hi there... Im a bit panicky now as I have now had a Court 'Claim form' with CL Finance as the Claimant as they have instructed a solicitor. I have never had one of these before and I think I have to send a response back to them either admitting it (they dont have a signed CCA so I dont think I should do that do I?), admit part, dispute whole claim (I have to return a defence form???) or need 28 days to prepare my defence or wish to contest the courts jurisdiction (i have to send back an 'acknowledgement of service' form for that!??) The 'particulars of the claim' read 'The claimants claim is for the sum of £**** being monies due from the defendant to the claimant under a regulated credit agreement between the defendant and HSBC under ref *********** and assigned to the Claimant on 15th Dec 2008 notice of which has been given to the defendant. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the defendant pursuant to section 87(1) of the Consumenr Credit Act 1974.' Please can anyone tell me where I stand with this and what I should do next. I am really worried about it..... Thank you

I have not had a response as such, just a letter telling me I have defaulted on the agreement to pay back x amount per month. Seems like they have ignored it and added the default to my file. I have resent the letter with copies of all correspondance.... Is this all I can do as well as adding the notice of correction to my experian file?

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Hi there again! I have sent that letter to CL Finance and another one virtuallyu the same a couple of weeks ago as they dont seem to understand that there is no signed CCA howevefr I have noticed on my Experian report that they have registered it as a 'Default'. I have submitted a notice of correction to Experian saying that it is a disputed debt and that I have had advice to not make further payments. It has freaked me a bit though and am wondering if this is all I can do at this stage or can I ask them to remove the default as it will be causing havok to my credit file... Any advice would be gratefully recieved! Thanks so much! Vic

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Hi again.... Further development... I wrote a letter on 17th December referring them back to my previous letter stating that I am not liable for the debt.... ANYWAY, today I got a letter from CL Finance Ltd whoever they may be saying that they have been assigned the debt and they now have ownership of the account and I should continue to pay it as I was with HSBC (I stopped paying them anything when my account became in dispute a couple of months ago). It came with a letter from HSBC saying that they had sold the balance to CL Finance Ltd. Who are these people? What woudl you suggest that I do now? I was thinking of printing off and resending my letter which tells HSBC to stick it as they couldnt provide the CCA and was also a s10 letter and the letter from december which was a response to their letter saying I am still liable for the debt... Any advice anyone, this is all new to me! Vickie

Thank you Docman, I will do just that!

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Hi again! I sent the following letter on 19th November to Metrolopolitan and need to know where to go from here... Payment Services Bureau Metropolitan Collection Services Ltd 56 St James Road Edgbaston Birmingham Dear Sir/Madam, Re: Reference Number xxxxxxxxxx Thank you for your letter dated 17th November 2008 in which you confirm that you are unable to provide a copy of the original executed agreement relating to the above account. You will be aware that whilst the documentation you supplied may meet the requirements of s.78(1) of the Consumer Credit Act 1974, without the original executed agreement any alleged debt is unenforceable at law. Any threat of legal action would contravene the Consumer Protection from Unfair Trading Regulations 2008, whilst any legal action brought would be vexatious and have no legal cause of action. Furthermore, without the original agreement, you do not have evidence of my express consent to process my data. Accordingly, find attached a Notice pursuant to s.10 of the Data Protection Act 1998. I now consider this matter closed and apart from your confirmation that you will comply with the s.10 Notice, I do not expect to hear from you again other than to confirm that, in line with the Consumer Credit Act requirements the current balance of £4139 has been discharged and is no longer obligatory Yours faithfully, vixyvix Notice pursuant to s.10 of The Data Protection Act 1998 and Notice of intended Data Protection Act complaint. Re: account no: xxxxxxx Account holder: vixyvix Address: blah de blah Whereas I have been a customer of HSBC Bank for many years and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998. Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law. This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted. Further take notice That I intend to make a formal complaint to the Information Commissioner and/or to the Courts that you unlawfully hold, process and distribute inaccurate information about me. This is in addition to any rights which I may choose to enforce under the law of defamation signed & dated. I have however received the following letter back from metropolitan today: Thank you for your recent letter. Please be advised that we have supplied the sufficient information as stated by the Consumer Credit Act 1974. You will remain liable for the full outstanding balance. We trust this clarifies your query. What happens now???? Thank you guys

Sure, I understand I think! Ive printed off the letter you suggested with my details and have done the s10 letter... will go recorded delivery tomorrow. Take it I wont get them to roll over and accept writing off my debt like I have asked too easily then!? haha Thx again!

I'm sorry - I'm still not 100% with all this - I have found it but dont really understand the relevance to my case as although Part of the debt will be interest and charges, it isnt teh majority. Is it the letter that you have to fill in your details etc. It says to state the amount of time with the bank, I dont know so I have put 'for many years' is that ok!? :-S 42Man, both letters are really good - yours with a lot of technicalities. Are there any parts of your letter that you think would help? If not I'll use ScarletPimpernel's! Thank you so much for all your help guys! Vic x

So having actually used it (albeit not for nearly 2 years...) will not be an agreement to the Ts and Cs in principle, hun?

Incidentally - It is already with Metropolitan... this monthly agreement is registered as a default on my credit file. Will this make a difference?