Hello conniff Thanks for the quick response.I am trying to help a young person who got them self in a bit of a pickle Sentence under 6 years so that will not be an option. Possible release date in Oct or March. Person in question has no assets no income and will be homeless on release.

Hello Can a person declare themselves bankrupt whilst in prison and if so how would you go about doing it. Thank you

Thanks debtinfo I will pass the info on and see what can be done.

Hello Can somebody who is in prison file for bankruptcy? If yes how would they do it. Person has no assests whatsoever, was not employed for about 6 months prior to going to prison. Total debt between £10 and £15K. Thank you

Thank you Aviva . I have passed this link on to my friend and also suggested he goes to the council. What an absolute nightmare position for anybody to be in! Any futher info or advise from anybody would be greatly appreciated.

Please could somebody help me. My friend rents a property through a letting agency and pays his rent to them. He has just received a letter directly from RBS to say that he has to vacate the premises by 7th April as the owner has not paid mortgage and he is being ivicted as the house is being repossessed. When he went to the letting agency and showed them the letter and explained that as he did not have another £1000 or whatever to put down as a deposit on another property , he would need to use the money that they already have on deposit for him, they told him that they would not be able to give him his deposit abck until they had inspected the property. As it is not the letting agency who is eviciting him and it really has nothing to do with him could somebody please expalin what he can do. He is now facing the prospect of being homeless through no fault of his own. He also has his children overnight 4 nights of the week and has nowhere to take them now. He is in full time employemnt. Could he go to the council /housing association to ask for help? any help and advice wpuld be appreciated. A template letter would also help if applicable. Thank you all.

vusys1 - thank you for your response. That makes a lot more sense.

Hello Please forgive me if I am being stupid here but I am really confused.? I requested my original NCB paperwork back from my new insurance company and this is what they have said "Unfortunately we are unable to return your original documents back to you as due to data protection these are destroyed once the information has been extracted" Please could somebody confirm if this is correct and is this common practise. I was under the impression that as it is my documentation I am requesting back I should be able to have it. They havent had it for months just a couple of days. Thank you for your time

I think I may have put this is the wrong place. Apologies if I have. Could somebody please move it to the correct one if I have. Thank you.

Can anybody please help. I have been getting phone calls everyday from Indian Call centre who say they are Lloyds Bank. The number comes up as a Brighton number.They are looking for someone who rented a room from me for 2 months and then left my address nearly 9 months ago. I have returned all mail addressed to this person and have asked them on numerous occassions to remove my ex directory phone number form their records. I dont even know how they got it. I have been into the branch as well but have been told that they cannot help me. No matter how many times I say that I have no idea where this person is and that I am unable to pass a message on to them they still keep calling and then want to know all my personal details! Which I refuse to give them. They then ask me to pass on a message to this person!!! If I knew where they were I would happily pass on a message and get them to remove my phone number. My answer machine is being clogged up with all the messages they leave and they just ignore anything I tell them. Does anybody have a template letter I can send them and an address to send it to. I have thought about changing my phone number but why should I have to go to all that hassle ie broadband provider etc when they have the wrong details.

I'm not sure if anybody can help with this as it is not debt related but here goes. Does anybody know where I can find the law that says "In the UK, a man who feels compelled to urinate in public can do so only if he aims for his rear wheel and keeps right hand on vehicle" I can find numerous references to it on web but not to the actual law itself. I am trying to help a friend but cant say too much. Thank you

Sorry Bankfodder I have just seen your reply. I will keep a log of the number of times they call. BT can bloke the number but it will cost me and they seem to call from different numbers so would have to bloke each one. I dont see why I should have to do that. It is my house, my phone number and they have no right to keep calling me. Sorry guys but now I am getting really angry, by ignoring my request and not taking notice of what I am saying they are saying I'm lying! GRRR Complaint letters all the way. Thanks Guys/Gals always feel a lot stronger after speaking to you.

I havent got an address for them. its some call centre based in India. From what I can gather, when I googled the telephone number it is to do with a credit card. They just will not listen. Tell me that have to have my name - yea right and continue to call. I have though t of ging to the local branch and complaining. I just leave the anserphone on now but they still keep leaving messages and say that they will call back at a more convienant time. Should I write to LLoyds credit card and send harresment letter?

Please could somebody help me. I am getting phone calls from somebidy who says they are calling form LLoyds Group. They are looking for somebody who moved away last year. I keep telling them that they have the wrong number but then they insist on knowing my name and dob. I of course refuse to give it to them and ahve asked them to stop calling and to remove my ex directory phone number from their records. Now they are phoning me up to 4 times a day, last night it was 9.00pm. Please could somebody advise me what I can do about this and who I can write to. I have returned all post addressed to this person unopened. I dont have a forwarding address. A template letter would also be appreciated. Thank you

havinastella - Below is the letter that I sent them and my first post in this thread is their response to it. RECORDED DELIVERY I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY THIS ACCOUNT IS CURRENTLY IN DISPUTE Your Ref XXXXX Dear Sir/Madam Thank you for your letter of XXXXX the contents of which have been noted. You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On XXXX I sent a consumer credit act 1974 s77-79 request for a true copy of my credit agreement, a current and fully up-to date statement for this account and a signed true copy of the deed of assignment. I enclosed a postal order of £1.00 being the statutory fee for the above. You did not return this fee. On XXXXXX a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date. I received a letter from you dated XXXXXX stating that you had received my request for a Copy Agreement, and that as this document was retained by your client you would therefore advise them of my request and arrange for the document to be sent as soon as possible. To date you have failed to supply the following: · A true signed copy of the credit agreement (The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both the original creditor and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document) A current and fully up-to date statement for this account (you are legally obliged to send this, I am not asking for all data held; i.e. a SAR request and therefore you cannot charge for this) A signed true copy of the deed of assignment (I have not received any correspondence from either the original lender or yourself to prove you now owned this alleged debt)These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974. You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired. As you are no doubt aware section 78(6) states: If the creditor fails to comply with Subsection (1) (a) He is not entitled, while the default continues, to enforce the agreement. (b) If the default continues for one month he commits an offence. As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it. Failed to send a full statement of the account and failed to provide any of the documentation requested, consequently any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment. Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data. Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies. * You may not demand any payment on the account, nor am I obliged to offer any payment to you. * You may not add further interest or any charges to the account. * You may not pass the account to a third party. * You may not register any information in respect of the account with any credit reference agency. * You may not issue a default notice related to the account. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me, in writing, with your intentions to resolve this matter, which is now a formal complaint. I would appreciate your due diligence in this matter. Yours faithfully I like the bit in their response as below You have not specified upon which ground you rely for your notice under s10 of the Data Protection Act and therefore we do not consider this valid; furthermore this is not a valid request as it falls under the exemption in Schedule 2 section 2(a) of the Act. Therefore your details will remain on our records and will continue to be processed lawful When I looked this up it says SCHEDULE 2 Conditions relevant for purposes of the first principle: processing of any personal data 2 The processing is necessary— (a) for the performance of a contract to which the data subject is a party, What I want to know is how can I be party to something that I have no knowledge of and they have admitted they cannot provide and admitted the debt is unenforceable. Am I missing something here? The best of the lot is that there is nothing on my credit file about this alleged debt and there never has been, not from the alleged OC or 1st credit ( I have kept previous copies I requested.) I thought it was only the OC who could post a default? and surely I would have had to have received a default notice in the first place - which I haven't. This is why I am convinced that this is not my debt and the fact they admit that they cannot produce any evidence and that this debt is unenforceable makes me even more determined to ignore them. If you thnk I am missing something or leaving myself open for further aggro from them- please let me know

Thanks amsgirl - I could not have done it without the help from the wonderful people on this site. I just hope that everybody else is as fortunate as me. I hope that this is the end of it but I know where to come if its not! Have a great weekend

Thank you very much.

Can anybody help with my last 2 posts? Please

42man - forgive my ignorance but what should I say in my complaint to OFT? Do I need to send them all the paperwork I have or just bullet point the facts. One thing I did forget to mention , was that they enclosed a phamplet about complaining to the Financial Ombudsman with my letter. Says I have 6 months to complain if I dont agree with their Fianl Response as per their letter heading. Again sorry for hte questions.

thank you- so no need to waste any paper or stamps on this one. unless of course they pass it to somebody else and then it all starts again. Does anybody know about the bit Mckenzie Hall being their agent -also please - can anybody shed any light on why this alleged debt is not on my credit file - no mention of it what so ever. No default nothing , only thnig that is there is a search made by 1st credit in Feb 2009. This is what really baffles me. Thanks again and sorry for all the questions.

Good morning all Thank you for that. I honestly still do not believe that it was me that incurred this alleged debt. As far as the payments are concerend, I have no idea, I just know it was not me that paid them. I'm not going to worry about it anymore. As far as my credit history is concerned well thats kaput anyhow thanks to a divorce and an irresponsible ex. But hey ho I am not alone there, thats for sure. one more question please - can anybody shed any light on why this alleged debt is not on my credit file - no mention of it what so ever. No default nothing , only thnig that is there is a search made by 1st credit in Feb 2009. Once again thank you all for your help. I will be making a donation as soon as I get paid. This site is fantastic.

I have received this letter from 1st Credit. I am assuming this is their response to my “Account In Dispute” letter I sent them on 11th March 2009 after they failed to provide me with documents in my original CCA request. 1st Credit Ltd The Omnibus Building Lesbourne Road Reigate Surrey RH2 7JP Final Response Dear Mrs XXXX Re Complaint 1st Credit Ref: REF Thank you for your letter of 07th February 2009. Following your request for the Copy Agreement I confirm this was requested from our client. We have now been advised that this is not available to us at this moment in time and therefore we are unable to supply this to you. If an offence is committed, that does not affect the rights and duties between us. The Act provides defences to any offence which we believe would apply in this case where we have to obtain documents and information to answer your request from the original creditor. I will advise that the Deed of Assignment is a confidential document which names us as the legal owners of the debt. We are not obliged to send this to you. We are fully aware of the laws relating to an outstanding CCA request and confirm that we will be instigating no legal proceedings in the recovery of this debt. Although unenforceable, the outstanding balance is lawful and still due and payable. In light of this we invite you to arrange payment of the account. Although you state that you do not acknowledge this debt and can find no reference to the alleged debt or agreement, you have made payments of £xx on a regular basis in 2007 to our agents Mackenzie Hall, totally £XXX which we have to say is odd if you do not acknowledge the debt. The Credit Reference Agencies will continue to be updated with the current accurate status of the account, which at the moment will show a defaulted balance of £XXX. This will remain on your credit history for the relevant amount of time or until we receive payments. In order for this debt to be registered as satisfied or settled with the Credit Reference Agencies, it will have to be paid in full or alternatively you may wish to approach us for a full and final settlement figure. You have not specified upon which ground you rely for your notice under s10 of the Data Protection Act and therefore we do not consider this valid; furthermore this is not a valid request as it falls under the exemption in Schedule 2 section 2(a) of the Act. Therefore your details will remain on our records and will continue to be processed lawfully. Yours sincerely Compliance Officer Enc Please could somebody help me with the following questions? 1.Do I need to respond to this and if so could somebody please tell me what to say 2. They refer to my letter of 7th February which is comical as their first ever letter to me was dated 13th February and my first letter to them was dated 16th February 2. Surely even if I am not entitled to a Deed of Assignment I should have at least have a Notice of assignment or a default notice or something. 3.They say that they will be instigating no legal proceedings and that the debt is unenforceable but still say it’s a lawful debt and I must pay them. Very confused. Strange as they have already sent me a Legal Proceedings Notice dated 4th March 2009. 4.Allege I have paid them via Mackensie Hall in 2007 – only thing I can think of, if this is the case, as I have no way of checking is that this is may have something to do with my ex and an old joint bank account that was closed when I got divorced. I didn’t know that Mackensie Hall were agents for 1st Credit. 5.They say credit agencies will be updated but I have checked my credit file 2x in the past two years and there is absolutely nothing about this alleged debt. This is why I am disputing this. Surely if would show as a defaulted item. I am really confused.com 6. Then this last bit where they quote from the Data protection Act has really baffled me as the bit they refer to says: SCHEDULE 2 Conditions relevant for purposes of the first principle: processing of any personal data 2 The processing is necessary— (a) for the performance of a contract to which the data subject is a party, How can I be party to it if I have no knowledge of it and they cannot provide me any proof ??? Even more confused. Please help. Thank you all Dotgirl

Good morning debt4get - thank you for that. I have already sent them that letter titled Account in Dispute. I got it off here. The complaint letter was their response. babybear - thank you i will send them that. i honestly have no knowledge of this alleged debt and they say it was assigned to them in 2005. i only moved recently so I find it weird that I only get to hear about it nearly 4 years later. This is why I do not believe this is my debt.Also wouldnt I have had to receive a default notice from the original creditor if this had been mine before any DCA was involved. I have checked my credit files 2x in the past year and there is nothing relating to this alleged debt except now there is a search showing done by 1st credit.

Hi babybear I hope you see this. I started a new thread like you said - hope I have done it correctly:) When i first received letter from 1st credit telling me to pay up i sent them a CCA request. i then got one of their std letters saying held by their client and that they would be in touch once they had. A week later I got a LEGAL PROCEEDIGNS letter. I then sent a Account in Dispute letter after 12+2 days from the date I requested CCA The letter I received today is about the complaints procedure. Have I done this wrong? i havent acknowledged the debt but I havent actually sent them anything that says I dont believe this to be my debt. i thought that by requesting the CCA that would be enough? i am in such a mess now I dont know if I have done it all wrong. Please could somebody advise me waht the next step is? Should i respond to this last letter that just sets out their complaints letter but doesnt say anthing about my request fro CCA or refer to my Account in Dispute letter.I cannot scan it as dont have a scanner.

i agree ! I am going to complain to OFT so does this mean that I just ignore this last letter they have sent me or do I need to respond to them. Sorry but I am starting to get really stressed now. Its not that I dont want to pay but I dont believe that this is my debt!! please would sombody tell me what i should do next. thank you