signed Jogs

Why would you want to sue them for a "Mistake" Wouldn't it be easier to take the shoes back, explain the problem, get the tag removed and ask for a voucher or discount on your next purchase for the little tiny piece of inconvenience that you have been caused!

first thing, Put Bryan Carter into search. Read all the threads about this parasite and when they get up, the people in the know will advise you. Best of luck Jogs

Hi, Don't worry about losing your bank account, Natwest Step account gives you DD, solo card and is easy to set up. It also includes online banking. Start the action to reclaim your charges, S.A.R (+ £10) and then stick to the timetables that you set yourself (Bank Templates letters) Hope this helps Jogs

you have three choices really 1) Use letter 'M' - Creditors and DCAs - Letter Templates & Budget Planner 2) CCA them, Use letter 'N' from above link 3)Use something like this if it applies Dear Sir/Madam Account no: You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves. I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name). I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods. Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment. I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question. I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions. I/we look forward to your reply. Yours faithfully (Your Name) Print do not sign Jogs All beat me too it

Maybe something like this if you do get another letter Dear Sir/Madam Account no: You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves. I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name). I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods. Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment. I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question. I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions. I/we look forward to your reply. Yours faithfully (Your Name) Print do not sign

Did you CCA them in the end?? Jogs

Also, it's not signed by yourself or Monument/Provident No credit limit The list goes on. Jogs

Thanks to Tiglet for this ACCOUNT IN DISPUTE Dear Sir or Madam, Account number: XXXX XXXX XXXX XXXX I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007. Not only is this a breach of OFT collection guidelines, but also in breach of the CCA 74. As **original creditor/DCA** are now in default of my Consumer Credit Act request, Subject Access request and have also breached s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE. As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law. Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities. If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action. I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully BLAH

Hi Night Owl I'd enter Cap One into the search bar and have a read of some of the threads. You'll have to draft a letter together telling Crap One that they cannot default you as your account is in dispute, but they won't listen. There is also an account in dispute letter to send to Debitas that you may stumble on, I'll have a look for it. Jogs

Now my questions 1) Shall I let Complaints management team conclude their investigation as I take it that as the letters are from two different locations, these people are still not talking to one another? 2)THEY cannot share information with the Credit Agencies as there is no agreement, So I complain to WHO? 3) I take it I have to write to these people again telling them that unless they remove all information to CRA, I'll have to get it done in court? *goes to reads Paul's thread again* Many thanks Jogs

Update Another copy of exactly the same letter dated 22/03/08, this time dated 26/04/08 Arrears have gone up from £752.17 to £776.17. Unable to locate copy of CCA and blank agreement attached. Received letter dated 13/05/08 (From Littlewoods Finance L72 1LQ) Dear Miss x x x x x x Further to your letter of 29/04/08 concerning your complaint in relation to your sighed credit agreement, we will contact you once a full investigation of your concerns has been made. In the interests of improving the service we offer to our customers, all complaints received are taken very seriously and a full investigation is always carried out. Please find enclosed our Financial complaints procedure leaflet. Thank you for bringing this matter to our attention. Yours sincerely FOLLOWED this morning by (From Shop direct Bolton, BL6 6AX) Dated 14/05/08 Dear Miss x x x x xx x x x With reference to your recent letter, I can confirm that we will not be pursuing the above account for the outstanding balance of £776.17 As this debt remains unsatisfied this will be noted on our internal file for future reference. This information will also form part of your records at the Credit Reference Agencies where we share information. This information will remain on your Credit Reference File for 6 Years. If you are charged interest on your account, any future interest charges will no longer be applied.

Diamond, I wouldn't worry too much about either DCA. RW will tell you that Black is white and of course you are correct, they should have a Credit Agreement. They won't have and will tell you anything to try to get you to pay. Just stick to your timetable, after 12 + 2 they are in default and after 30 days commit an offence. With Cabot, standard letter they send to everyone, they always return the £1 although they don't have to. Same applies, stick to your timetable. Jogs

how about Dear Sirs I refer you to my letter dated 05/03/2008. In that letter I made a formal request for a copy of the signed, fully executed credit agreement for the above numbered account under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement. You have sent me a photocopy of an application form which you purport to be the alleged "Agreement". This alleged “Agreement” is missing one or more of the prescribed terms. This makes the alleged “Agreement” invalid and therefore unenforceable. Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed as such data is wholly inaccurate and in contravention of schedule 1, Part I (4) of the Data Protection Act 1998 ("Data Protection Act 1998") "Personal data shall be accurate and, where necessary, kept up to date" Failure to remove the offending data will result in court action under Section 14 of the Data Protection Act 1998 to obtain a court order for the destruction of said data and compensation under Section 13 of the Data Protection Act 1998 . Since you have no valid Agreement I insist that you confirm that the balance on the alleged account is set to zero, or else I will report you to the OFT for non-compliance and a likely penalty of £2500. Once the OFT have prosecuted I will request that you are not fit to hold a licence under CCA and request its removal. Failure to respond favourably to this letter within seven (7) days of receipt could result in legal proceedings being commenced against your company. Yours faithfully

Looking at some of the threads on here, it looks like, if your debt is sold on again (which it shouldn't, but is) Then the DCA that picks it up, does sometimes put a default back on your rating! So it's back to writing letters

Why can I ask did you send the CCA?

don't forget to click the scales then Best of luck, keep us informed. JOgs

I'd thank ODC for this beauty Dear Sirs, Account no xxxxxxxxxxxxxx ACCOUNT IN DISPUTE Re: my request under the Consumer Credit Act 1974 Thank you for your letter dated **********, the contents of which are noted You attention is drawn to the fact that this account is subject to a serious dispute. On xx/xx/2007 I requested ********supply me a copy of the credit agreement covering this account pursuant to the Consumer Credit Act 1974 section 78. To date ******** have failed to comply with my request and have totally ignored my written reminders sent via recorded delivery of this fact. Without production of the said agreement I am unable to assess if I am indeed liable for any alleged debt to you or *******, nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’ as required by the Consumer Credit Act 1974 For the avoidance of any doubt I have included section 78(1) and 78(6) of the Consumer Credit Act 1974, which states… 78 Duty to give information to debtor under running-account credit agreement (1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,— (a) the state of the account, and (b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and © the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor. (6) If the creditor under an agreement fails to comply with subsection (1)— (a) he is not entitled, while the default continues, to enforce the agreement; and (b) if the default continues for one month he commits an offence. Clearly as no agreement was supplied on request, this in no way complies with the requirements of the Consumer Credit Act 1974 and I now draw your attention to section 78 subsection 6 which states If the creditor under an agreement fails to comply with subsection (1) he is not entitled, while the default continues, to enforce the agreement; Clearly this is a situation as described in s78(6) Consumer Credit Act 1974 and the debt is unenforceable at this time. In addition, I draw your attention to section 127 (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 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. To clarify s61(1) states (1)A regulated agreement is not properly executed unless— (a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and (b) the document embodies all the terms of the agreement, other than implied terms, and © The document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible In addition the prescribed terms referred to in section 60 CCA1974 are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following— 1.Number of repayments; 2.Amount of repayments; 3.Frequency and timing of repayments; 4.Dates of repayments; 5.The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable Therefore based upon the Consumer Credit Act 1974 this debt as it stands is unenforceable and should this proceed to litigation, a court is precluded from making an enforcement order under section 127(3) unless a true copy of the signed agreement is produced.. At the point where this account entered into the default situation as described in s78 (6) CCA 1974 no other charges are allowed to be added until such time as ********* become compliant with my request. As ****** are still not in compliance with my request I insist that the following takes place with immediate effect All charges levied since ******** 2007 be removed from the account and further charges cease until such time as ******* comply fully with my original request or such time as a court makes an enforcement order All entries which refer to missed payments be removed from my credit file All collection activities by your company cease with immediate effect until ******** comply with my request from ********* 2007 or such time as a court makes an enforcement order In addition, 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 have enclosed an excerpt from 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 What I Require. I require that you send me a true copy of the executed agreement as required by the Consumer Credit Act 1974. If you are unable to supply the requested documentation because no such agreement is in existence I require written clarification as such. I require that you comply with my request within 7 days of the date of this letter. I will not correspond any further with you until I either receive a copy of the requested documents as laid down in section 78(1) CCA 74 or clarification that such agreement doesn’t exist. I am advised that should you persist in pursuing this debt ignoring the above information you will be in breach of the Administration of Justice Act 1970 section 40 as well No other correspondence will be accepted Should you attempt litigation it will be vigorously defended and the failure to supply documentation under the CCA 1974 is a complete defence to any legal action and your actions will be vexatious and unlawful I trust this out lines the situation Regards

Hi nmp and welcome. Did you send the CCA Recorded Delivery and have they cashed your P/O or cheque? Jogs

something like this in the next letter you send With regard to the documents that you sent me in relation to my request for information under the Consumer Credit Act 1974,(copy enclosed for easy reference) I am still waiting for the signed executed agreement. You seem to have sent me a somewhat recent copy of your terms and conditions and a very recent copy of an agreement form unsigned by anyone. I’m sure this must be an oversight, so I will ask you again for the proper documents. I draw your attention to section 61 of the consumer credit act 1974 (an excerpt enclosed for your perusal) in that “(1) A regulated agreement is not properly executed unless a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner.” Be also advised that your statutory time period has elapsed and YOU are now in default and very shortly you will have committed a criminal offence. As you are now in default NO further action can be taken on this account until such a time as the original SIGNED EXECUTED documents are made available to me. This account is still in dispute and I still forbid the passing of any data to third parties, if any data has been processed illegally since my last request I shall take appropriate action. Further if you cannot supply the proper documents and you have entered any defaults against my name I require that you remove them immediately.

Without the CCA, there is NO enforceable debt! It's that simple. JOgs

First of all, DON'T panic. I would advise that you enter 1st credit into the search bar and see what other people in your position have done! Is it a Credit card or Personal banking matter? Someone will be along soon to point you in the right direction! Jogs

Jeffo, I don't think you have read the threads very well! I'm sure it's cost you time to look up consumer law, you can claim that, Time that you have to pay a professional to look after your wife as you take time to go to court, you can claim that, read the threads again, you'll be ok

wait for Lefty! He really, really will know what letter to send these parasites!

Welcome. First of all I would search for Abbey savings account in the search bar to see what other people have done. To start the ball rolling and to check whether you have had any other charges on the account, you can send the S.A.R (Data protection) Letter with £10. If you already have your statements I'd send http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html Hope this helps Jogs