Hi Paul, Just sit back and wait, 2nd December is correct, 12 working days and 2 working days to allow for postage. Westcot or any DCA is not worth pacing over, just forget about them and continue your normal life. Keep the track and trace receipt as part of your paper trail. Stigman

I agree in part, but it depends on the enforcability of an agreement and many other factors that have to be taken into account. Because everyones situation (financial/personal) is completely different, it's wrong to suggest just because it's gone to a debt collection company that the debt just can't be collected. I hate DCA's has much as the next person on this site, but the DCA's are here to stay no matter what, and all we can do is hope that the uninformed, the pressured, the worried, the anxious and people being driven to sleepless nights and suicide through the lies of the DCA employees just to get a bonus find their way here. Stigman

The Debt still stands, if the Original Creditor writes the debt off, you will receive a statement showing the original balance, then a refund of the total amount owed and then a new balance of zero. All this means is that the Original Creditor can claim this back against their tax liabilities, the debt still exists and can be legally sold on. Stigman

Just sit down, watch tv and count down the 12+2 working days until/if Lowlifes respond. You say you also had a letter from Hamptons which was pointed out to you by Boo that it was still Lowells, you may also get a letter from Red Debt Collections, this is also Lowells, same printer, different F key pressed on the keyboard. Stigman

As above, it's Lewis Debt Recovery's job to send Santander your CCA request, s175 of the 1974CCA is very clear on this. I personally would not bother contacting Santander, just send the account in-dispute to Lewis Debt Recovery letter until they comply, if the account goes to any other lowlifes, just refer them back to Lewis until they comply. Stigman

Hi Paul, Ignore the love letter from Westcot you received today, your 14 working days starts when the CCA request hass been delivered. Your probably feeling the same as I did many moons ago when I did my first CCA to Lowells, don't be nervous, just relax and await a reply, if any. When you get a reply back, remove all personal details, post up and we'll advise further. If your 14 working days elapse with nothing received, post here and someone will direct you to the link or post up the account in-dispute letter. Best Wishes and have a beer. Stigman

Hi Whipps, You need to go to http://www.photobucket.com open an account and then scan into your computer and upload from their, minus all personal details, then copy and paste the link into a reply here and we should be able to view it for you and advise further. Stigman

Hi Sop, The only difference in the Manchester case is that the DCA or Original Creditor can supply you with a reconstiuted agreement to meet the terms of a CCA but they must still provide the original agreement if they are to take you to Court. As for two different DCA's chasing you for the same debt, that's a big OFT Guidelines no no and you must report them for this. Stigman

Hi Sopwith, You say shunted around for 5yrs, When was the last time you made a payment onto the MBNA account? If Muck Hall has got it, it is very close to being or is statute barred. Stigman

Send 1st Credit the account in-dispute letter as they have failed to supply a valid CCA (i.e. no terms and conditions attached). Send the following letter by recorded delivery, print only, do not sign. ------------------------------------------------------------------ Dear Sir/Madam, On INSERT DATE, I wrote to INSERT BANK/DCA NAME requesting that INSERT BANK/DCA NAME supply me a true copy of the executed credit agreement for this account. In response to this request I was supplied a mere application 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 any 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 and the default notice is non compliant, 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. Yours Faithfully Print Your Name (DO NOT SIGN) ------------------------------------------------------------------------ You can now legally with-hold payment until such times as 1st credit comply, or if you want to offer a full and final, I'd start at 5% and set conditions such as the debt is marked satisfied on your credit file, any default iss removed and no one will chase you for the remaining balance. Best Wishes Stigman

As others have said, he's got no legal right. If he does return, it's your property and your in control, tell him to leave or you will call the police. He may walk away mumbling about going to court but just ignore because he has come all the way to you for no commission (how sad).

Was their any terms and conditions attached? Please someone correct me but I don't see any cancellation rights?

DCA's are supposed to send a statement every year, have you informed Muck Hall that it is Statute Barred and have you checked the Credit Reference Agencies to see if Muck Hall have sneaked anything onto it? Stigman

Hello Mr Worried, This is the address that I used to CCA Lloyds, the address was registerred on her Credit Reference Report. Lloyds TSB Bank PLC CDR Data Quality Team Queens Road Quadrant 1-5, Queens Road Brighton BN1 8XJ Best Wishes Stigman

1st Credit will hold very little data, therefore the SAR request should be sent to HFC Bank. Couldn't open up the link, but please scan in and have the CCA's checked out for enforcability. As to the dates, wait until you get the SAR request back from HFC Bank. Best Wishes Stigman

DLC told me also to contact the original creditor so I sent them the account in-dispute letter. It's not my job or anyone elses to do their work!

Send to whoever is chasing you for the debt, in this case Lowell's. If you start getting continuous telephone calls to your house or mobile, their is a letter template in the templates section to stop these calls from DCA's... http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter

Hi Paul, Send a CCA request to Westcot to see they have the legal right to collect the debt and that it is enforceable. Send together with a £1 postal order, do not sign your name, print only and alsso send via recorded delivery so you have a date when it was recieved. Westcot then have 14 working days in which to comply. --------------------------------------------------------- Dear Sir/Madam Re:− Account/Reference Number 4563210025897412 This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply. (DELETE THIS BELOW IF YOU ARE SENDING THE LETTER TO THE ORIGNAL CREDITOR AS OPPOSED TO A DEBT COLLECTION AGENCY) If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. We look forward to hearing from you. Yours faithfully print your name --------------------------------------------------------- Best Wishes Stigman

First of all Moomoo, don't worry, if anyone turns up they have no legal powers at all, tell them to get off of your property or you will call the police. These so called doorstep collectors have no more right to ask for money off you than I do if I knocked at your door unannounced. Just keep the postcard for reference and wait to see what else turns up, they will write again eventually, just remember that a DCA is similar to a school bully, they pick on the uninformed and vulnerable and if you stand up to them, they'll eventually move on to someone else who have not yet found CAG. When/if you recieve anything else, start your own thread and advise will follow. Best Wishes Stigman

It means that Tesco's have written the debt off for their tax purposes, the debt still exists and no doubt some time in the future, a lowlife DCA will pop up so be on your guard to future unsolicited telephone calls, postcards and mail.

Hi Stressed, First of all don't be stressed, we all are/or have been in same position as you at some point. Well done for not giving Lowell your financial details, only a judge has the right to see that and the court action that she was threatening is a long way off if it ever happens at all, please don't talk to Lowell on the phone, if they call you just say "in writing only please" and hang up, refuse to go through any security questions, that way you have a nice paper record of everything. DCA's will say anything on the telephone to scare and intimidate you but will never back that up in a letter. You need to see if Lowell's have the right to collect this debt, send Lowell's a CCA request (I have copied and pasted the CCA request below from the templates ssection). You need to send this together with a £1 postal order, DO NOT SSIGN YOUR NAME, just print it and send via recorded delivery so you know that Lowell's have recieved and at what date. Lowell's then have 14 working days to comply, if you recieve anything back, please scan in and post up but minus all personal information i.e. name, address, barcodes, reference numbers and full amount for your own security. Best Wishes Stigman -------------------------------------------------------------- Dear Sir/Madam Re:− Account/Reference Number 4563210025897412 This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply. (DELETE THIS BELOW IF YOU ARE SENDING THE LETTER TO THE ORIGNAL CREDITOR AS OPPOSED TO A DEBT COLLECTION AGENCY) If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. We look forward to hearing from you. Yours faithfully print your name

Hi Lamb, You need to open a photobucket account, upload your image minus all personal details, barcodes & reference numbers and the cut and paste the link. http://photobucket.com/ Best Wishes Stigman

Before you set up a payment plan, have you checked that they have the right to collect this debt? Whats the debt for? i.e. Credit Card/Loan/Bank account? As per usual advise, don't talk to them on the telephone and keep a written record of all communications.

Variety of information, through credit reference agencies, royal mail re-direction or the underhanded and illegal practice of ringing your ex-neighbours. Not forgetting if you have filled in forms online etc.

Only a judge has the right to see your personal financial affairs, the people who look at it are either ex-burger flippers, spotty kids or single mums and have no specialist financial knowledge except trying to get a further commission. Just keep sticking to the token payments. If they take you to court, depending on your circumstances you may only have to pay as little as £1 per month.