Hi - Oh I CCA'd everyone at the same time - and two of the three card agreements were totally not ok. But I understood that things had changed and a non-enforceable CCA didnt make any difference?? And - Yes - not a sausage since the SAR in August 2009. The CCA was real but almost an ancient document! And of no earthly value to anyone. It was literally the size of a fag packet... (dunhill or st moritz - not embassy) I was not convinced by the CCCS - although they were kind and helpful - they are like the CAB - following a one-size fits all formula and I would bet I have underwear older than the 'advisor' I spoke with. Bless. So - am doing my own DMP. And will not include this debt - after a double double check of correspondence, Experian (now i updated the addresses a bit) and hopefully with Equifax.. eventually. Not sure what I can reclaim either, to be honest - no PPI involved and I am not 100% whats possible to claim. AND - to top it all - I believe the loan I was sold was questionable. So I need to kick off a bit about that. Somehow. Have a bit to do - but - not an impossible situation. Sigh Thanks again

oop - no - maybe not - have amended addresses on Experian... I may have got that wrong... but Equifax.. no joy. will try to contact them and see what they say. THANKS everyone as usual FAB

Ah Bit of a snag... Experian have nothing - like none of my debts - so assume they have just used the address my current bank has - ie where the statements go. Its not the same address as the one my creditors have - a mailbox address. I gave both but they can only have used one in their search for nastiness! Equifax wont accept my card cos its not registered to my 'current' address. So ... its all a bit of a b*ggers muddle really!

Thanks for the response. I hit the money-wall December 2008 and made a small part payment in January 2009. I got the response to the Subject Access Request in August 2009.,... literally nothing since! Not a word. I dont know who CCCS use. They didnt say. I have never done a credit report before. Have found Experian and Equifax online - am always a little suspicious of the 'free offer'! Is it really free??? Whats the catch? thanks

Hi. Any advice at all on this would be very much appreciated. There is one credit card debt I havent heard a dicky bird about since they responded to my SAR in 2009. No letters, no calls. Nothing. Nada. Niet! BTW the card agreement is about the size of one of those slices of processed cheese they put on burgers and absolutely does not conform in any way to CCA regs. I recently spoke with the CCCS who, I understand, ran a credit report on me. This debt was not listed. Its a bit of a mystery! Am unwilling to contact them.. for obvious reasons. Sleeping dogs and all that. But it wasnt peanuts - circa 12k - the biggest of my debts. And I am looking to do the DMP thing. Do I just let it lie? Ta Minx

Thanks everyone - my Bro has kicked off with BG ... and we are waiting... still waiting...for a response. Much obliged.

Hi Have started a new thread because I cant find anything more recent than 2008 on these people. Forgive me if I missed sommink - please point me in the right direction if I have. A letter from this bunch of lovlies was recently sent to my deceased fathers address - addressed to 'the executor of the late.....' The letter says two things - 1. they have been instructed by British Gas to collect a debt of £226.88 and 2. that they can help sort out the Probate. Both my parents have not long died. Dad (to whom the letter was directed) died in December, Mum in March. Their affairs were relatively simple and are all sorted. There are - and never have been - any debts whatsoever. The estate is pretty much sorted and its now just a matter of house sale (underway). It will all be done then. My brother is executor and is meticulous in all things. He has recently received a statement from BG after doing all the final meter readings etc. They inform him that the account is in credit to the tune of £7.00. So - clearly a nasty bunch and no mistake. Question is what to do about it.. 1. Do we ignore it - throw the letter away and be done? Are they just fishing for a response? What are the potential consequences of doing this? 2. Have BG really passed on the details of my parents death? If so - what can we do to give them a bit of a poke? 3. Do we report P&C to someone, somehow? Looking at CAG and other sites, they have clearly been doing this coffin chasing stuff for a LONG time. It seems I am not the only 'fatherless' one! I am disinclined to contact them - because this will just provide them with information they do not have at the moment - like names, addresses, telephone numbers - which can be used to harrass us. That said... I am aware that this kind of unwanted DCA attention can become a pain over time if we dont nip it in the bud. What to do?? WM

Hi My BF has a sailing boat moored in a marina inland. He is doing it up with the intention of getting it sea worthy and back on the sea next year. Its moored near where he works and its been on this mooring for two years. Hes just signing up for a third year. The masts are very tall and are currently stored in the boatyard - where he was told to put them when he first arrived. There is a new marina manager who has clearly been told to tidy the place up. Which is fine. Except he has been asked to move the masts. When he spoke to the manager he was told the following: The masts must be RE-moved away from the marina entirely - he was offered no option for storage elsewhere on the site The manager said that they'd been 'told' that his boat had been modified so that the masts would no longer fit the boat - which is absurd and simply not true If the masts are not removed they will throw them away. I have looked through the marina general conditions of moorings and storage ashore. I must admit they seem well stacked in terms of what is demanded of the berth holder and the 'rights' of the marina management company. But it does say: 'The owner shall indemnify the company against all loss damage costs claims or proceeedings incurred by or instutued against the company or its servant or agents which may be caued by the owners vessel or vehicle or by the owner his servnat agents crew guest or sub-contractors except to the extent that such loss damage costs claims or proceedings may be caused bvy the negligence or wilful acto of th company or those for whom it is responsible.' and 'The company shall not be liaible whether in contract tort or otherwise for any loss theft or any other damage of whatsoever nature caused to any vessel or vehicle or other property of the owner or others claiming through the owner except to the extent that such loss, theft or damage may be caused by the negligence or wilful act of the company or those for whime the compnay is responsible' and 'No items of boats gear fittings or equipment supplies sotres or the like shall be left upon the pontoons jetties or car parks... such items are liable to immediate removal and disposal by the company at the owners expense' ... but of course these are not on a jetty, pontoon or in the car park. He also has a direct debit agreement which says [the company - blah blah] to provide morring and/or storage accommodation for my vessel and her gear and equipment for a period ..[dates] .. in accordance with the general and special conditions as published and agreed.... This new manager has quite an unpleasant manner and their interpersonal skills leave a lot to be desired. During a quite strained telephone conversation he was also informed that 'this marina isnt meant for boats like yours' - although I cannot find any definition of the word 'vessel' nor any description of any vessel types in any of the agreement paperwork. So - questions: 1. Does the fact that he has been there for two years without incident or issue have no bearing whatsoever? Have they not 'accepted' his boat situation in taking his money for two years? 2. Can they deliberately damage his property in this manner? 3.They have waited to tell him this until he signed up for another year - if he leaves now he is liable for the entire years mooring fee. You cant get a refund of any description if you leave before the end of your mooring period. It seems they are gradually 'hitting' people with this kind of thing after they sign on the dotted line for renewal. He is not the only one having problems with changes being implemented in a rather heavy handed way. Its not fair, of course, but is that entirely legal? Finally - one slightly different question. I spend alot of time on my own boat. While reading the T's and C's it says that the moorings are not 'residential', which is fine and fair enough. But... how is 'residential' defined? Is there a legal definition or rule of thumb? thanks for any help and advice on this one. Minx

Hi - am interested in the SAR question. Is it possible to SAR Vodafone? If you do have a complaint about the way they have behaved - which I have - big style - is it CETO or the OFT that the complaint goes to.? thanks wm

Wow - thanks guys- ok.... to all the points raised... 1. The loan was arranged over the phone - I presume the call was recorded. In actual fact, the girl also asked me to contact the bank and give her a written recommendation! I remember getting a document to sign (just a computer printout) and return but I dont remember signing it. Thing is - they didnt send a signed copy when I SSRd them but thats neither here nor there, nowadays it seems. 2. My correspondence with the complaints dept would indicate that CDCS is part of Barclays - owned in the same way as, say Mercers, or other debt collection agencies. But it isn't a DEPARTMENT - I think its a separate company. Thats why they seem to operate independently of the conversation we are having. The threat is to hand the debt over to an outside agency. However, I have seen this happen with all my credit cards too. I am at stalemate with them, since none can provide an enforceable document. The difference here is that this is an overdraft and I am not at all clear on the law in this regard. (the whole enforceable document thing is a bit more straightforward). 3. I am sure they have barclays backing to contact me - but a 'right' to?? How do I ascertain that?? 4. Yes - I intend to write and say I am not prepared to pay back the interest since I wrote nearly 18months ago asking that this be frozen etc..BTW - all letters have been sent recorded and I have proof of delivery - I also wrote this letter about 6 times. All my correspondence concerned both accounts. 5. Frankly - on paper - I can't afford £10 per month! This is what concerns me - the CDCS documentation is typical 'debt collection speak' - which says that THEY will review the payments and so on... It just makes me feel really uncomfortable because the letters I am getting from this complaints department have a completely different tone and say slightly different things. If I agree to pay this money then I am agreeing to the CDCS approach ..... it just feels wrong to me. Thanks Spamhead HARASSED SENIOR - thanks to you too... I set up a new bank account (on CAB advice) in december 08 and have arranged to pay this CASH - they have sent a paying in book. Just so I have it clear in my mind... I have not paid anything to either account since january 09 - so am nearly 18months into the 6 year limit. My understanding is that paying them any money will mean that I will reset the clock on this debt - so it would start again should I cease payment(?). Is this why they only just started sending me arrears correspondence about the loan? So - I live on a boat which I own and I have a very knackered old car. I earn approx 750 quid net per month and have never taken a penny in government support. My old mum subs me from time to time. I dont see that my income will improve in the near future at all... the reason why Barclays refused the original offer was that the debts would take forever to pay off - they will - at this rate. Thats why I said I would see them in court. I was hoping that a court would see sense re the interest, and cast some doubt over the morality of that loan. Maybe even write some of this off. I worked in Barclays for 15 years (in the old days) - My old manager would have had me in for a chat WAY before I got myself into trouble! I wouldnt be in this mess if they had proper bank managers like they used to. BTW - I&E - is that Income and Expenditure? - blimey - I have been sending this with every letter! The CAB advised me to! Thanks again both of you... Seems to me that I should just let this ride into SB - make no payments - send no more I&Es. And be prepared to go to court on the matter. Gulp. Cheers Minx

Thanks Cyberuseralert for your quick response. Am so frustrated - I am ok when I can take action and rubbish at the waiting game... just pants. I really want to go on the offensive and end this ..... aaarrrrghh... Sigh - oh well - at least the calls have stopped and the post is lighter than it was. Cheers - again - Minx

Hi - Looking for help/advice. I had an overdraft with Barclays. My debt was spiralling out of control - in hindsight I realise that I should have seen it happening. Anyhow - I contacted them in 2008 and asked them if I could have this increased by one thousand pounds. They refused but offered instead a loan of FOUR thousand pounds - in addition to my existing overdraft. I was desperate at the time, and took it. So now I have an overdraft I cannot pay and a barclayloan I cannot pay. In January 09 I bit the bullet and wrote to them explaining that I was in difficulty etc etc.. I asked that the accounts be frozen, interest not added and that they give me time to get my act together. This was all done under the guidance of the CAB. I wrote time and time again but every single one of my letters was ignored. All I got was the standard Arrears notices and pro forma threats. In september I got a job - a poorly paid one - but regular money. In September I wrote to barclays and offered £10 per month on both accounts. They refused this offer. I waited for them to take me to court as threatened. Suddenly in december, CDCS contacted me about the overdraft. They said they accepted my £10 offer and asked me to start payments. I was puzzled at the change of heart and wrote asking a few pertinent questions. They ignored the letter and sent a 'pay up or we'll take you to court'. I responded by saying 'ok - sue me I will see you in court' THEN I get Barclays 'complaints department' on to me. They have now answered some of my questions but still ignore the fact that this only concerns the overdraft - not the loan. Whilst this correspondence has been going on - CDCS still continue to sent the 'pay or we hand you to debt collector/legal action letters' So heres the root of my problem. I feel REALLY uncomfortable about making an agreement with CDCS... I cant put my finger on it but I just dont trust them. Does anyone have any experience of this arm of Barclays? Also - they have added interest on to the debt so it is increased by a few hundred pounds. I dont feel I should pay this since I wrote so soon and so dilligently - this has been added while they ignored me. Finally - the loan. Only now - in May - have I started to receive arrears notices on this account! Again, the amount is increased with interest. So far any questions on this account have gone unanswered. I have SSRd this and they dont have a signed agreement but I dont think thats an issue with this loan since I took it out in 08. Part of me just wants this all to go to court so I have an end to it all one way or another. Do I pay the £10 per month? How do I get them to sort out the bloody loan too?? Views? Suggs?? Fed up battling these duplicious sods as well as three credit card companies.... Anyhelp would be appreciated - ta waterminx

Hellooo Well - I sent this letter to Barclaycard on 22nd March and got a 'Litigation warning' in the post dated 25th march. This was from Midas Legal Services - and I am thinking this was just a routine automatic letter thingy that just wasnt stopped from being sent, if you see what I mean. Since then, nothing! So - is it now a waiting game? How can i bring an end to this? I have a similar situation with M&S and Mcard. I used the letter on M&S but havent heard a dicky bird about the MCard for months and months. I would like a 'sue me by XX or else we are done' letter. Is that possible? cheers Minx

UPDATE: Well - I sent Fenton Cooper the following letter on 22nd March 2010: Re: my request under the Consumer Credit Act 1974 This account is in dispute On 09/07/2009 I wrote to Marks & Spencer Financial Services PLC requesting that they supply me a true copy of the executed credit agreement for this account. In response to this request I was supplied with a form which did not comply with the requirements of the Consumer Credit Act 1974. The document sent purporting to be a credit agreement does not contain all of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states 127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner). This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced. In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I refer to page 5 of the guidance which states; 2.6 Examples of unfair practices are as follows: h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment. I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40 Since the agreement is unenforceable it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages I respectfully request a response to this letter in 14 days I trust this out lines the situation I received a response from Fenton Cooper dated 25th March thanking me for my letter and saing they will contact their client and get in touch with me shortly. So far - nothing.... no surprise there, then. Not quite sure where to go with this now! Am I back to the waiting game? sigh Minx

OMG - I cant say I am surprised, I dont trust ANY DCA - its a crock isnt it?? Well - I got a corker of a letter from CyberUser in response to my post about the barclaycard threat. I will use it on M&S I think. I have so had enough of them. Thanks again - will update on outcome! Minx