One other piece of advice as well as cancelling the direct debit mandate with the bank in writing I would state that they are not to re-instate the DD without first contacting you. I wouldn't put it past some of the DCA's to re-apply for the DD without your permission and the first you would know about it would be when the payment either came out of the account or you got a letter saying it has been rejected. Feebee_71

Puresweet, Can I just confirm the following with you............... When was the last time, before December 2008, that you paid anything towards either of these 2 debts? When did this DCA first contact you about these debts? The reason for clarification of these 2 questions is that, even if you did start paying towards these debts in December, if it was more than 6 years after you previously paid anything towards, or acknowledged the debts then these debts would be statute barred and no matter how much the DCA screams, shouts and threatens you will all sorts of dire consequences they cannot enforce the debts and can only collect if you are willing to pay them. Feebee_71

Worried Parent, I actually got their bank details in the letter I received yesterday!!!! They originally said I had to ring them to set up a payment scheme - no thank you I don't want you having my phone number!! Then they said I could call to set up a direct debit plan - no way when they control the amount, frequency and pattern of payments!! So I simply wrote back telling them I would assume they were going to pass the account back to their clients!! Finally they gave in and sent it to me so now I can control payments but will not set up a payment plan - it will be individual payments that I will do each time a payment is due. Feebee_71

Time for an update on this matter. I sent off the letter above about their not sending me the requested payment information on the 27th January giving them 7 days to reply or I would expect them to refer the account back to their client. I was a bit concerned that it would lead to them hassling me again as they demanded the first payment to be received by them by February 1st. Yesterday I got the following letter from them dated 6th January (outside my 7 days) in an envelope that does not have their return address on the flap and is franked by a machine with a date (6th Feb) and is 2nd class..... What interested me most about this letter is that it is actually signed by hand and can be deciphered not some silly digital signature that is illegible. Then today I get the following letter with their usual Bristol return address on the envelope flap and is sent via UKMail so isn't dated on the envelope......... So they have now changed the date payment is due (to be on my payday rather than the 1st of the month) and in this letter didn't make any comment about payment by direct debit or standing order. From my point of view this is good as it means I don't have to pay until the end of the month - means I can use this months payment to put petrol in the car which is currently running on the memory of petrol!! I wonder how long before they decided the account is due for a review? The repayment amount is approximately 1/5th of the total account balance and so they won't have long before they have to ask for me to increase payments - which isn't going to happen!!! Feebee_71

Also, on the reverse of the postal orders write "For the express use of paying for CCA request!" Feebee_71

Moorcroft on the phone when told someone they were asking for had never lived at this address (a new block of flats and I am the only person to have lived in this flat)...... "Tell him (I would fail the gender test) that we will ring every day until he acknowledges this debt to us!" CrapQuest in their first letter to me............ Despite numerous letters that you have chosen to ignore we will persue this debt CrapQuest again, in response to my request for a standing order form to set up a payment plan.......... "All cheques/postal orders to be made payable to CrapQuest Debt Recovery Limited.......... Alternatively you can ring us to set uo a direct debit or to pay by credit card" Hmm, no mention of how to pay by standing order despite my requestinmg it specifically as a method of payment!! Feebee_71

What I would also do is to take a letter into the local branch of the bank today, with a simple letter for them to sign confirming receipt of your letter, stating that, under no circumstances are they to set up any form of payment plan to this company. Then, if you want to set up a replayment plan to the OC at some point in the future you should do it by standing order which you have complete control over. I hope this makes sense, Feebee_71

Thanks once again Fox, I will get the letter amended to include that I will not start paying until they send me the requested information and will give them 7 days to comply. Feebee_71

Another day and the postman brings another letter from those 'lovely' people at CapQuest.......... Now, this letter is dated the same day as the one that arrived on saturday but had a different envelope and the return address was in Bristol not Fleet. As you can see they claim that the repayment amount is low - it is approximately 25% of the total debt!! Also, there is no mention of my requested payment method - standing order!! I plan to send the letter I drafted on saturday before responding to this one. Any ideas? Feebee_71

For anyone else who reads this, Can anyone point me in the direction of something that will back up my statement about the only person who can ask for my I&E is a judge in court? Feebee_71

Hi Fox, Many thanks for the proof reading services - I will settle your fees later I have gone back and amended the spelling errors - I blame my brain working faster than my fingers at the moment!! I will print it off and send on monday by RD - have learnt my lesson though the receipt of this letter today does show they got my letter. Now waiting to see what they come up with next!! Feebee_71

Hello again, I have put my creative cap on this afternoon and come up with this letter for capquest. Can someone look at it and tell me if it would be ok to send, if not can suggestions be made as to changes to improve it or legislation to back me up - especially the bit about only a judge being able to ask for the I&E information.

The funny thing I picked up on with this letter today is that it is dated January 23rd, arrived January 24th - but was sent 2nd class!! I like the Bog Off suggestion but think I will go with the more polite of your suggestions and state that their delay in sending me the requested information is delaying their receipt of the first payment to clear this debt. I will leave the harrassment letter (as previously suggested) until they start calling me again. If they do!! Feebee_71

Hi Fox (and anyone else looking in), I was ready to go Thursday morning and waiting for CQ to call me before I went off to the doctors but they have disappointed me and haven't called again since wednesday - perhaps they have taken notice of the "do not ring, all communication in writing" in my letter to them at the beginning of the week. Today the postman brought a letter from them asking for an income/expenditure breakdown and also asking for details of all my other debts in full - name of creditor, reference number, total owing and monthly payments. There is a request to return the form to them by the 1st of Febuary; well I think it is the 1st but the top of the numerals are missing because of their poor typesetting!! I know, from reading threads in this forum, that the only people who have the right to ask this information from me is a court and so I have got no intention of giving them any of the information they are asking me for. How do I tell them this? Also in the letter there is no mention of the information I have requested regarding their banking information to set up a standing order or to enable me to arrange a monthly bank transfer - again, I am not stupid enough to let them set up a direct debit and give them unlimited access to my income on their terms. All there is is a list of ways I intend to pay them which only give the options of cheque/postal order/direct debit/dredit or debit card. What I am wondering is if there is a letter I can send them pointing out that they have no right to ask for the income/expenditure information they want and to also again ask for the standing order information as they are insisting (on the back of the form) that I have to ring them to set this up. And also how do I once again say to them that I want to pay on my terms and especially that the only payment method I will use is standing order/bank transfer into their account and that I will not be giving them my bank account details. I forgot to add that they are also asking me for a contact telephone number and for me to sign the letter - as if I am likely to give them my phone number after telling them that all contact is to be conducted by letter only. Should I sign this letter or use the same way that I 'signed' the last letter I sent them which was a print of my initial and surname and is nothing like my signature - not that they will have a copy of it in their records. Sorry for the length of this message but I want to get this right, Feebee_71 :-?

Letter sent to them the day before yesterday by 1st class post so am hoping will arrive from today onwards (being generous to the PO about this as I would have expected it to have arrived today at the latest) and as I said yesterday I started getting phone calls from this company. In the phone call yesterday I said they were to put anything in writing and they promised they would ring every day until 'she' is prepared to talk to them. Today at 9am on the dot another phone call received and as soon as I heard the same voice as yesterday (distinctive male voice) I simply said "You have been told to conduct your business in writing only" How long do I give them before I send another letter about only contacting by letter and not by phone - as I said yesterday the reason it wasn't sent RD is because I am currently ill with pneumonia and not moving very far from my bed so left the letter for my older (and disabled) mother to post for me and I didn't think that it would need to go RD as I was making a reasonable proposal of repayment to them for this debt - which I do acknowledge. Also, how long do I leave it for them to reply to my letter and accept (or reject) my repayment proposal before I write again with my proposal for repayment? Any help much appreciated, Feebee_71

Silverfox, Many thanks for the swift reply. I was hoping that as I have offered to pay the debt at a rate of 25% a month that it would get through their denial of receipt process - they may be shocked at receiving the offer. I will wait to hear from them tomorrow if they do call again. Feebee_71

Ok, This might be a little different to other people's situations on here because I do not deny the debt that Cap quest have started chasing me for, it is from an agreement for a mobile phone so, from what I have learnt reading threads on here, it is not covered by a CCA request. I am prepared to pay this debt but on my terms and so when I received their letter before action (incidently, other than a phone call the first contact from them) yesterday I fired off a reply to them asking them to send me a standing order mandate - so I get their banking details and then I will set up a payment to them without ever giving them my account details. I also asked them to remove any contact information for me (including previous addresses/phone numbers) apart from the address on top of the letter and that if they don't then I will constitute it as an abuse of data protection regulations as they do not have my permission to hold the information. I have informed them that I will only deal with them by letter and if they insist on phoning me I will make note of the calls and will constitute it an act of harrassment as I have requested they keep contact via letter only. This morning I received a phone call from an aggressive man from CQ and refused to acknowledge who I was simply telling them the message that "she has requested all communication be by letter" He simply said they will continue calling every day until she will speak to them. And that they had written twice which she had chosen to ignore - surely he shouldn't be saying that to someone who is not acknowledged as the person he wishes to speak to? - Anyway, the letter I received was dated the 16th, received on the 19th and replied to the same day - they should get my 1st class reply today or tomorrow -I did not think it worth sending a response proposing a payment schedule and requesting a SO mandate warranted RD and also I am in bed with pneuminia so am relying on elderly parents to post my mail for me. What should I say when they ring tomorrow - as I am sure they will, and have I done the right thing? I realise this is a fairly small matter compared to some but I do know I owe the money and want to settle it but don't have the strength at the moment to deal with these people over the phone. Feebee_71

The other interesting thing is that you 'signed' this document on 18/12/03 but they managed to sign it on 17/12/03!! They must be psychic!! Feebee_71

Wheeldeal, You have left an identifying reference claim number on the page of the form scanned into post #9. Feebee_71

Rory32, Thanks for the info about signing the SAR - I have read so many threads where people are told not to sign it I thought I had better check. As you assume the account was taken out in my maiden name and that is the name I reverted to when we separated and I changed everything back. Feebee_71

Hi, Could someone please check this S.A.R - (Subject Access Request) letter out for me. It is a copy of the template letter which I have amended to suit my personal situation and to also include things like my DoB as I no longer have the account numbers. If there are any changes that should be made I would appreciate the assistance before I send the letter off. I am presuming that, as I am only looking at reclaiming charges then I will be ok with signing the letter with my proper signature rather than using my name in block lettering. Also, I think I had this account while I was married and so would have changed it into my married surname (although I went back to my own surname after only about 18 months) should I also include this in the letter or will the name, address and DoB be enough for them?

Thanks sea-sidelady, I didn't want to start a new thread as I wanted to keep everything in the same place. Feebee_71

Thanks for that Rory32, I will get the SAR sorted out and will then know if the majority of the charges are inside or outside then 6 year limit. I know I still had the account when I was at University and that is less then 6 years ago - I also think that a lot of the charges were added during that time. Feebee_71

Ok, So here is my first question - and probably a stupid one at that! - I want to send an SAR to HSBC for the account I had but do I need to have the actual account number (I have moved since the account was closed and didn't keep anything to do with the account when I moved as I didn't think I would need it) or can I simply ask them for anything they hold on me - I also had a CC and a couple of loans with them in the past - I got behind on the CC and they converted it into a loan which was paid off without any problems - not sure if there would have been charges on the CC that I could also claim back. Also, I saw it written in the FAQ's that you could claim for 6 years prior to you becoming aware that you could claim back. If the account goes back beyond that and the account has been closed for a few years can I claim back just for charges added since 2002 (6 years from now) or can I claim for 6 years before the account was closed? Sorry for the questions but want to get things straight in my head before I start writing letters. Feebee_71

Hi Rory32, Many thanks for the info. I will start reading through the info today and will probably have lots of questions before I get down to making a claim. Feebee_71