Once again, another letter of WE MAY, just ignore and then you'll soon get a discount letter. Do Moorcroft still put on their paperwork "valid even if not read by you"? Haven't had one for ages. Best Wishes Stigman

Send the account in-dispute letter to AIC so that AIC know where they stand. You may get a few more threatograms from AIC and then it'll most likely die down and be passed onto some other pondlife. When you do send, print your name only, do not sign and send by registerred post. Account in-dispute letter.... http://www.consumeractiongroup.co.uk/forum/content.php?436-Failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale. Best Wishes Stigman

Include the following in your letter from the 1974 CCA... 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. I would personally send the account in-dispute letter and with-hold any payment. Best Wishes Stigman

Hi Starbug, Ok, Rockwell have failed to provide a CCA request in time, the account is now in-dispute and you can legally with-hold any payments. Rockwell know full well that they have 12+2 working days to produce the documentation. Also, once again, please stop talking to Rockwell on the telephone, they will lie, bully and intimidate you as well as making threats over the phone that they will never put into writing. Send the following letter, once again, do not sign your name and post using a track and trace facility. ------------------------------------------------------------ ACCOUNT IN DISPUTE Date: Ref: Dear Sir/Madam Thank you for your letter of xx/xx/xx, 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 **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE** You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request). 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 your company 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. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account. Furthermore, 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 you/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. Therefore this account has become unenforceable at law. 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. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8 (i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued' (k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt' Consequentially 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 21 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 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully Print your name - DO NOT SIGN ----------------------------------------------------------------------- Best Wishes Stigman

Hi Pru, If you sent a CCA and either had no response or a CCA that did not have the full prescribed terms then you can place the account into dispute. The account in-dispute letter is in the templates section (2nd top tool bar marked library, then right tool bar under debt collection). Post by recorded delivery, print your name only and do not sign. As to any court action, it's upto them but without a valid CCA they are stuffed but will cross that bridge if it ever happens. Other caggers may correct me on this one but I think that a creditor/DCA can still place a default and continue to send a threatogram even when no valid CCA is present but they cannot process anymore data to the CRA's. With regard to the threatening letters, just ignore, most likely full of if's and may's and some may be valid even if not read by you lol! Have you checked your credit report recently, if not best to request a copy, if you have moved recently or within a year or so just to check that no CCJ's have been slipped on by default using a previous address but I doubt it because you are still recieving threatograms with CCJ threats. Best Wishes Stigman

FIRE is Cabot, same printer, different letterhead.

Dear Sir/Madam Acc/Ref No 4563210025897412 You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves. We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”. The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed. The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to CPUTR2008 We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter. We look forward to your reply. Yours faithfully Mr A N Other --------------------------------------------- Send by recorded delivery, print your name, do not sign Best Wishes Stigman

Hi, Nat & Shell, Send FPC a CCA request to see if they have the right to collect, enclose £1 postal order, print your name (do not sign) and send by recorded delivery, open a photobucket account and scan in and post the link with anything you receive back. Templates section iss under library in the tool bar above, thrn right hand tool bar on debt collection. CCA request letter followed by telephone harrassment letter, enclose both in the same envelope and once again do not sign 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 ----------------------------------------------------------------------------- Dear Sirs I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary) I now require all further correspondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997. If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine. Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**) Yours faithfully, [NAME HERE] --------------------------------------------------------------------------------------- Best Wishes Stigman

Be prepared in the future for a letter from Hamptons Legal - Once again Lowells

Have you checked your credit report for any deafults the Leeds Losers may have slipped on? If they have, happy birthday to you! Best Wishes Stigman

Hi Banks, Don't worry if anyone ever does turn up at your house from Moorcroft, they have as much right to demand money from you as my dog does!! Tell them to leave the property immediately or you will call the police. As Harrassed Senior says in the post above, please tell us more details of this debt. If you ever have to pay, it's on your terms, not theirs, you say how much and when. NEVER be threatened by Moorcroft or any DCA Best Wishes Stigman

Hi Skyblue, Send the CCA letter first, they have 12 + 2 working days to respond, the + 2 working days are to allow for postage. If you get anything back, scan in and post here but remove your name, address, reference numbers, full amount owed and any barcodes for your own protection. If 14 working days has elapsed and you have recieved nothing, you can send the account in-dispute letter and with-hold payments. Don't forget to NEVER SIGN YOUR NAME, PRINT ONLY, send by recorded delivery. Personally, I know what CAB does but I wouldn't send a DCA any of my income details. Best Wishes Stigman

Hi Jules, Thats just a scare tactic, don't lose any sleep whatsoever. The debt is Statute Barred so therefore send the statute barred letter in the templates section. Post any replies you get but remove your name, address, reference numbers, barcodes and full amount. Best Wishes Stigman

TT, Before posting up any agreements, don't forget to remove all personal information, name, address, account reference numbers, full amount and barcodes. This is for your own protection to stop the Banks/DCA's tracing you as they do tend to snoop on here. Best Wishes Stigman

With-hold any further payments and send the account in-dispute letter to Westcr*p. Westcot know full well they have to pass the documentation on and then send you anything they recieve back from RBS. s175 of CCA 1974 is very clear and as usual another DCA ignores the very act that they are supposed to be bound by by the OFT. Report Westcot to the OFT, and also the Information Commissioners Office and Trading Standards via Consumer Direct just for good measure. Best Wishes Stigman

Mr Worried, Sorry to hear what you are going through, I know from previous experience what it's like and am glad we left the estate years ago which is now a no-go zone after dark. You could rent your house back to the council, you will receive less than what you would if you rented private but also the council will guarantee the rent and any repairs that the property needs if it is damaged during the contracted period. Also, think about auction, the sale price will be less but will get you both out of the area. At the end of the day, think about your health. Best Wishes Stigman

Hi Craiggizmo, You have not stated what the debt is for? Credit Card/Loan/Overdraft etc. In answer to your questions... 1, DCA's and the Credit Reference Agencies are in bed together, in the future it may open the flood gates for you to receive loo paper through the post. 2, Whatever the debt is for, legal action (if any) is a long way off as yet so don't lose any sleep. 3, If you have CCJ's registerred against you at a previous address that you were not present at at that time then you can get them set aside. If you know you have not paid or acknoledged the debt in the last 6 years, just send the Statute Barred letter and see what they come back with. Post it on here minus your name, address, reference numbers, full amount and any barcodes. Best Wishes Stigman

20% Commission. I rang the number in one of the national newspapers just to find out the commission paid because I was bored and had nothing better to do with my time. The recording told you everything up front (except for the fact that they will most likely not be trained as to if a debt exisits/enforceable etc.) Sounded so attractive I then hung up! Stigman

Hi Calebj, First of all, you tell Apex how much you want to pay, not them to you. As to Attachment of Earnings/Bailiffs etc. not only do Apex have to get a court order (CCJ) awarded against you, but you then have to default on that agreement for them to go back to court to get the above in force. You have not stated what the debt was originally for, credit card/loan/overdraft/catologue? Only when you post more details about the original debt can anyone help you further. As to Apex phoning you, just tell them "everything by post only please, thank you" and hang up. Just keep repeating when they phone. You have stated you have paid Apex in the past, was this by a card or direct debit? If any of the above cancel the direct debit and for your own protection phone your back to say you have lost your card as Apex can easily help themselves, if you must pay, get Apex's bank details and set up a standing order. Best Wishes Stigman

Hi Janes, The CCJ if ever awarded will not appear on your CRB. Send Triton/Natwest a CCA request, enclose £1 postal order, print your name (DO NOT SIGN) and send by recorded delivery. Triton are Natwests in-house threat monkies so whatever they tell you on the telephone is to bully you into a repayment plan. Wait the 12 + 2 working days and then you can legally with-hold payment if you get no reply or an unenforceable agreement. When/if you receive anything back, post up on here but remove your personal details, barcodes and reference numbers and the full amount to protect your identity. CCA request letter below.... Dear Sir/Madam This letter is a formal request pursuant to s.77/78 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 will apply. 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. ote 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. You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates. I look forward to hearing from you. Yours Faithfully Print Your Name (DO NOT SIGN) Best Wishes Stigman

Hi Starbug32, First of all stop talking to these parasite's on the telephone, if they do call jusst tell them to put everything in writing and end the call and refuse all security questions. Send Rockwell a CCA request (template letter in the template section) to see if they have the right to collect. Send the CCA rquest by recorded delivery, NEVER sign your name, just print. Start keeping a paper-trail including envolopes received. Wait the 12 + 2 working days (the +2 days are to allow for postage), after that no what Rockwell say you can legally put the account into dispute and with-hold any payment. When or if you recieve anything back, post up here and let others have a look on it's enforceablity, remember to remove your name, address, barcodes and reference numbers and the full amount. Don't worry about the court threat, court is a long way off and just to intimidate you into paying and/or setting up a repayment programme which you cannot afford. Best Wishes Stigman

Hi Green79, Ignore post 3, twice he has been on these forums about Grosvenor so he's a bit annoyed because he has not hit his monthly bonus targets (oh dear, how sad ). Well done for asking everything in writing, if they do phone just say everything in writing only and hang up. Lets see if they have the right to collect, did you fill in an application or online? Send Grosvenor a CCA request and post up what they come back with. Print your name only and send by recorded delivery, keep a paper-trail including any post receieved including the envolopes. Grosvenor then have 12 + 2 working days, if they fail to respond, send the account in-dispute letter in the templates section until they supply you with an enforceable agreement. CCA template in the template section. When or if you get anything back remember to remove all your personal details, barcodes and reference numbers and the amount. Best Wishes Stigman

Just wait out your 12 + 2 working days and then send in the in-dispute letter. You are then entitled to with-hold further payments until they come up with a enforceable agreement. Stigman