Anyone able to help me as in long standing argument with regal Credit over an alleged debt that is currently in dispute with another Debt agency....Regal called my mobile number and the lady was most rude on the phone because I would not confirm my name etc unless they told me who they were and what they wanted...data protection etc...anyway she was rude and after I told her to send a letter as would have no dealing with them by phone she did however I have asked for a copy of the recording as their last letter says that their lady was not rude...firstly can they record a call without actually telling me? Is this not illegal? and secondly surely I am entitled to the recording without having to pay £7.50 for a copy of it as their current letter states...makes me laugh as it says I have to request the recording stating time date and who I spoke to(she didnt leave a name!!! doah!) and SIGN the letter....is that so they can scan it onto the CCA by any chance? I'm not that dumb!!!...so anyone able to help me...???? can they demand payment or not...I have actually sent this to the FOS as I have complained about Regal already and their heavy handed tactics!!! Should I bother with a reply back or just leave it to the FOS to chase>???? Can a judge demand such a recording for use in court and would he have to pay?

Thanks everyone for feedback and replies...I will scan docs I received and hope someone here can tell me if it is enforecable or not...to be honest from reading various other posts on threads on here it would appear that it is not but would rather scan docs and see what replies I get. More annoyed that they sent a letter 16th July 2010 saying that Crapone had no agreement and that therefore Lowells would not contact me again and that I did not owe them anything...and then this arrives which is very very annoying...feel like writing to Lowells and returning everything back to them saying "you said yu wouldn't contact me and your letter says I don't owe you anything so stuff it" But know that's not how they would look at it. The original CCA request was way back in Nov 2009 and it's taken til July 2010 to even send me a response saying that Crap one can't find it!! So techinically they are way over the statutory time limit as I see it but guess if this went to court both the "you don't owe us any monies" letter of July 16th and the 7 months it's taken for them to find the agreement wouldn't count/ mean anything to/ with a judge!!! Thanks again to everyone and to traceywak I apprecaite your comments the most...there really was no need for Sam 614 to respond like that!! Thanks again Traceywak!! xx

Hi Teethgrinder...I know this post is a few years old but I am currently in the same boat as you with these people Capital Crap one!!However mine was passed to various DCAs and then Lowell DCA decided to chase me on it. I asked them for the CCA and they took 6 months to reply in July 2010 that they couldn't provide it as Crapone had last my agreement and therefore they were no longer going to chase me for the alleged debt and that I owe them nothing!!!. That letter was on the 16th July 2010...then on 29th July 2010...I get a letter again from Llowell saying that they are enclosing my agreement which strangley looks like yours above...and yes it is signed by me and three lots of pages - two terms and conditions not on headed paper and not signed or anything(looks like copy and paste to me to be honest) and then third lot of pages was computer generated statements of the account from time of opening til time of default. What made me laugh is that the above doc like yours I have not ticked the PPI box and when I checked the statement copies they sent they have charged PPI for some part of the statement so I know I will be able to get that back off them at least but still I am confused it the above doc is enforceable or not.... I know this is 2007 but wondered how you go on with it back then?? Sorry to ask Your reply would be appreciated.! xThanks in advance. x

Thanks for that - I have the template letter for the account in dispute and I will add that I want a copy of their complaints procedure but what exactly do I write and say to the OFT in my letter to them? Should I just say that this DCA sent a door collector when the account was in dispute?? Thanks for your help on this. Appreciate your reply. x

Alleged Vanquis Bank debt has been going round the house of every DCA in town since March 2009. Usual threats etc and I just ignored them. Then in January 2010 I decided to ask C.A.R.S DCA agency to forward the agreement etc. They replied within a week saying I had to get this agreement from Vanquis and they returned my £1. I sent them the £1 back the same day with a letter saying that it was their duty to get me the agreement not for me to chase Vanquis directly. They did not reply to my request again but rather sent me a letter offering me a substantial reduction on the alleged debt. It did not mention amount but rather I was to call them to discuss - I didn't do so. Instead I sent them the same letter again asking for the agreement. In the meantime they continued calling me daily - never answer the phone to them just let it go to message and then delete. On the 21st Jan they sent a letter saying a home agent would visit to collect monies owed. On the 25th Jan again for the fourth time in ONE month I sent them the agreement letter again and advising them if they continued to try and collect via home visit or harrasing me by phone I would take it further. NOTHING....and I mean nothing - no letters or calls have been received since then until this evening...door bell goes and it's a bloke showing a letter saying he is here to collect the Vanquis debt...I poitely told him to hop it and that the account was indispute...he was polite back but informed me he would return once he got a reply from his boss at C.A.R.S.(I did mention to the guy that technically he was in breech of the tresspassing law and that I could phone the police to remove him - he was polite back and calmly said that would be my right to do so but he was only doing his job!) So in light of this bombshell today...can anyone please advise if there is a template letter to a) DCA C.A.R.S Ltd and b) OFT/Trading Standards etc and anyone else I may have to complain to....not really sure what to say to DCA or the others... Can anyone help!!!:idea: Thanks in advance.

Well it appears that the above Lowell people are keen to get their money one way or another as their original letter dated 16th July 2010 said that there was no credit agreement and that Captial One could not locate and therefore I owed them no monies. Not heard from them since this date in July. Then today bomb shell..... I have received a letter from Lowell enclosing the original credit agreement with Capital one (copy actually) showing my signiture and their computer generated statements giving me 21 days to pay and showing state of the account as defaulted. Next move?????? Can anyone please advise exact wording I need to check against the agreement to see if it is legit or direct me to where I can find such info on the web or on this forum. Thanks in advance. The credit agreement info is not on headed paper and is just 4 pages of info on the agreement itself...must admit looks likes a copy and paste thing on white paper nothing else but does have my details on typed and nowhere have I signed it. The other photocopy which does show my signiture looks like the application form where it has all my personal details and salary, banking details I assume that this is legit but have noted that I never ticked the PPI bit on the form. I mention the above because throught their computer generated statements I see that they have charged PPI also if there was ever a late payment fee it is not in line with their credit agreement ie that says £12 and they have in some cases charged £25... My question could I get the PPI and the difference between the £12 and £18 back or taken off the total amount owed to Capital One. What do I do next...am now not a happy bunny...can Lowells do this when they originally said that there was no CCA and that I owed them NO Money but they have now produced and posted the above info/docs??? How shortlived my smugness was!!! Anyone who can help on this matter appreciate it in advance. Thanks again

Hi Bazaar...have hung it pride of place on the office wall...a reminder of one small step for mankind against DCA's...thanks for the reply!! x;)

Never thought I would be in control of this and in a strange way feels good...I feel so much more positive...thanks for the above comments. I doubt they would pass to another DCA as it has been passed to nearly every DCA I have ever read or heard about on this forum and others - Lowells however were the only ones I ever replied to with a CCA request. Just wondering if Capital One will ever send me demand for payment themselves althou I could just remind them that they need a certain CCA!!! Many thanks for your comments really cheered me up!! And I sooo like the "You are in control of this now" - that line makes me feel alive again!!

Hi all, Lowell have been chasing me for an alleged Captial One debt which had already been round the houses with various DCA before I found this site and when I received Lowells letter I sent them the "Send me the credit agreement" letter. It has taken them since Nov 2009 to finaly reply today with a letter saying that Captial One no longer have my credit agreement and therefore they are unable to send it to me and therefore they are closing the account(I assume this means with Lowell ?) and that I do not owe them any money!!! So in light of this revelation can anyone please tell me what this means now going into the future? Will another DCA try and collect on this and will it mean me sending them the same letter as I did to Lowell originally? Surely if Capital One have admited they can't find the CCA then the account is closed with them too? Is there another way of chasing this ie Captial One taking the Debt collection back inhouse? And without a CCA is it enforeceable anyhow if it ever went to court!??? Any news views comments or ideas greatly appreciated. Thank you! xx

Thanks Sillygirl1...the Sattute barred bit makes sense now... but do you know what the situation is on DCAs that haven't sent CCA...can they still send it in a years time and take it from there?....surely it's a waiting game....I have one that is in dispute with a DCA and asked them for a CCA back in April 2009 and to date not heard back from them...just wondering if they are suddenly going to spring the agreement on me and demand money!! Thanks again x

I would do nothing Mr Worried but then I would like to ask Mr United Front or anyone out there who can help with the following... If after sending request for CCA and waiting the initial 14 days for reply and then a further 30 days and still not received a reply, what happens next? I mean obviously no other Debt agency can chase you on the debt but if they can't find the agreement or anything then what? Can they still produce the agreement say in a years time and chase then? - legally that is? Also does anyone know if the rule about a debt not being enforeceable at all by law after 6 years means from the date you actually made the last payment to the creditor even if then several debt agencies have chased you and the account is in dispute due to no agreement or is it from the last correspondence with the last debt agency that has not provided the CCA.... Again the 6 year rule of chaseable accounts - what happens and is it still legal to chase a debt over 6 years old? Am confused.com!! Sorry for asking! Thanks

Don't think my mother would be worth much....LOL:p - That comment cheered me up!! Thanks....appreciate all your help!

Dear Fairy Godmother....LOL xx How did you challenge them? Just curious as I find the fact that they have replied with a 3 page essay quoting loads of legal section this and section that letter quite intimidating...I'm not bothered if it stayed on my credit file - my credit rating is shot to bits anyway but just wondering if I should pay them what I owe them or carry on fighting this!! It really does get me down at times!

Yep that's the one....Oh dear loss of jobs....wonder how many of their ex staff will get behind in their payments and start receiving nasty DCA letters through the post!! What goes around comes around I say!!

Thanks for that but Redcats (not debt managers) have responded to the dispute letter (3 pages quoting loads of legal stuff mainly about liability and that they believe that whether they have a signed doc or not that legally there was an agreement between us- however they do not send any statements as requested to show this!) So do I again send the same dispute letter to Redcats or to Debt Managers who were the ones that opened this can of worms as Redcats never chased me for the repayment on this catalogue account. Debt managers last letter just stated that they were passing on my dispute letter to Redcats which they obviously have done so hence Redcats reply.They have responded within the 12 days etc timescale with a 3 page explanation as to why they believe it is enforceable and can be listed legally on credit files etc and that they can still request payment. Surely now I must complain to the OFT or something like that? The dispute letter will just contain the same old info that I sent recenty.

Thanks Bazooka Boo for your help...greatly aprpeciated. Will send them dispute letter now. x

The Story so far...Debt Managers have sent a letter stating I have an outstanding debt with Redcats Uk for one of their catalogues (Vertbaudet) owing £187. I sent Debt managers a request for signed creidt agreement and £1 as per the standard letters shown on this forum. Redcat responded with an unsigned photocopy of the agreement so I sent Debt Manager a letter stating that they and their client Redcats had failed to supply a signed true copy of an agreement and therefore this was unenforceable. This morning I receive a lengthy letter from Redcat. Opening sentence states that they do not hold a signed credit agreement on file but then they state that this was most likely because they sent it to me and I never returned it to them. It then goes on and on about how even though they do not have a signed copy on their file the debt is still enforceable. Also they argue that even if it is not signed they can argue in court that an agreement does exisit between us. They also advise that they will not remove any defaults from any credit agency and that I must make payment immediately. They also enclosed a sheet about credit agrements data sharing from the Information Commisioners Office where it states that companies like this can still share data about credit agreements. So ineffect I now don't know what to do....any help greatly appreciated. What is the content for my next letter that I should send them or do I again send it to Debt Managers who seem to just pass it back to Redcats even though Debt Managers were the ones chasing me for payment???

I am in the same boat with Moorcroft - their latest letter says they have passed on my request for the agreement to Lloyds TSB and in the meantime they state: In the meantime however we believe it may be of assistance to all parites if we also take this opportunity to ensure that any potential areas of dispute are addressed prior to any possible court action or further investigation. to this end can you provide an indication of the information you will be relying upon, when giving evidence to the court or information to the relevant statutory authorities in relation to the alleged subject matter of this account. Please could you provide this information by return as this will ensure that all areas of possible dispute are identified as quickly as possible thereby minimizing potential costs and delays." moorcroft MDRL. I assume that as the 12 + 2 days has passed since I originally sent the CCA letter I can either send dispute letter and not provide them with the info they are requesting in their last paragraph or just ignore it! ?????