Hi landof... I totally agree with my esteemed colleagues. I always send a DCA the following and I have yet to receive a reply from any bandit (whether they have bought the alleged account with no paperwork or are merely harassing on the OC's behalf); the balance is nearly six and two threes: "At the end of the first quarter of 2012, the total value of unpaid consumer debt held by CSA members for collection was £58bn (£58.316bn). This comprised £31bn (£31.264bn) placed by creditors with DCAs and £27bn (£27.052bn) purchased by debt buyers." http://www.credittoday.co.uk/article/14167/online-news/dcas-recover-172m-in-march- At least with 33 million accounts being chased, I feel lees lonely. Anyway, " 43 Regulation 36 of the EU Directive Regulations. 16. ASSIGNMENT OF RIGHTS here any rights of a creditor under a consumer credit agreement (for example the right to be repaid the money) are sold or transferred to a third party, notice of that assignment must be given to the borrower as soon as reasonably possible, except in the circumstances described below. This requirement applies to all regulated consumer credit agreements other than agreements secured on land. This requirement is in new section 82A of the CCA43. t is the responsibility of the assignee (the creditor acquiring the rights) to ensure that notice is given. However, he does not have to give notice himself, but can agree with the assignor (the creditor assigning the rights) that the assignor will give notice instead, depending on what is more sensible in the circumstances. It is important, however, that notice is given as soon as reasonably possible and in a way that is clearly understandable by the borrower. otice does not have to be given where arrangements for servicing the credit are unchanged as far as the borrower is concerned. For example, if Creditor A sells his rights under a credit agreement to Creditor B but Creditor A still collects the borrower’s repayments in the same way and is the only point of contact for the borrower on matters regarding the agreement, notice does not have to be given. here notice has not been given, and arrangements for servicing the credit do subsequently change, the borrower must be informed of the assignment on or before the date that change happens. Again, this must be readily comprehensible to the borrower. The definition of “creditor” in section 189 of the CCA applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 71 " They do not like this. x v PS And it offers further succor should a lowly DJ deny essential consumer protections because of the Human Rights Act.

Hi uitca Logically, something must have made you go there in the first and many folk continue payments they cannot sustain thereby digging a deeper hole of debt, charges and interest. CAB's advice can be variable (each location is a separate charity); have you checked this out with Nationaldebtline, whom I found supportive and a Godsend? love vic

Hi Dan Their refusal to close an account based on a mis-sold insurance is quite telling, and dangerous for them in the current climate; I would major on this and demand that you be returned to the position that you would have been in had they closed it as requested. I suspect that they might choose to comply. love vic

Hi AS I am not a legal chap, however it seems to be reasonable to seek recompense for your losses (in the eye of he beholder). x v

Hi LL (and Brig) Our fiends at Arden have no paperwork an admit such; they have a list of alleged balances from MBNA who, in turn have no paperwork, to which they have assigned spurious account numbers designated as 'loan' accounts; I may be dead thick, however, I don't think they'll screw me in court of the back off this. x v

Hi AS In war, always keep options open: the cheque is valid for 6 months so their is no rush to cash it; its issue is an admission of sorts so we're arguing about amount rather than principle. x v

Hi AS The cheque is extant for 6 months; so 0one might do both, as it were, or might be. x v

Hi LL I too have no reply from Arden about anything beyond a balance of an account with an account number that I do not recognise. As dpick, says, 'let dog sleep'. x v

Hi JG I've just belled them to ask them for their consumer credit licence number... they say 633237 which one might quote in complaints to OFT and FOS. x v

Hi Myfamily I have similar problems in that I appear to exist when they demand money but disappear when I ask for documentary proof. I just send a written request (or via T'Internet) with £2 fee as per links in dx's signature; and it's quite amazing what crap they hit with their fan. x v

Hi manxie As dx infers, normally one would would SAR the OC to reclaim charges, however asking BC will produce a telling silence: " 43 Regulation 36 of the EU Directive Regulations. 16. ASSIGNMENT OF RIGHTS here any rights of a creditor under a consumer credit agreement (for example the right to be repaid the money) are sold or transferred to a third party, notice of that assignment must be given to the borrower as soon as reasonably possible, except in the circumstances described below. This requirement applies to all regulated consumer credit agreements other than agreements secured on land. This requirement is in new section 82A of the CCA43. t is the responsibility of the assignee (the creditor acquiring the rights) to ensure that notice is given. However, he does not have to give notice himself, but can agree with the assignor (the creditor assigning the rights) that the assignor will give notice instead, depending on what is more sensible in the circumstances. It is important, however, that notice is given as soon as reasonably possible and in a way that is clearly understandable by the borrower. otice does not have to be given where arrangements for servicing the credit are unchanged as far as the borrower is concerned. For example, if Creditor A sells his rights under a credit agreement to Creditor B but Creditor A still collects the borrower’s repayments in the same way and is the only point of contact for the borrower on matters regarding the agreement, notice does not have to be given. here notice has not been given, and arrangements for servicing the credit do subsequently change, the borrower must be informed of the assignment on or before the date that change happens. Again, this must be readily comprehensible to the borrower. The definition of “creditor” in section 189 of the CCA applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 71" And was a lowly District Judge to choose to ignore your essential protections you are protected by the Human Rights Act. x v

Hi again Mum There is no life, only death, with BaaaCLAYS (as Diamond Bob says it); just because your mortgage is with them does not mean your bank a/c needs to be or that you need a credit card. It might be wise to effect this shift immediately then ask BC for documentation. x v

Hi Mum I don't believe BC have much in the way of supporting documentation, so I ask them for documentation including the previous year's statement from Egg so that I can reclaim Egg charges from BC (I know this is contrary to usual advice to reclaim from the OC but it serves my purpose). I did maintain token payments, agreed with Egg, to BC but then BC started harassing me that they were late so I stopped them and then restarted them under duress; so folks should beware that BC will play their usual tricks but are easily stopped. x v

Hi ro Continuing a token payment to the OC as advised by CCCS is a safe thing to do and minimises any risk of court action. I took a contrary view that I should not continue payments to an entity that had sold the account given that continued tokens would adversely affect my CRF in perpetuity; it might be prudent to keep all options open by continuing payment to Bank of Yanks (who say they have sold account) whilst demanding proof from Arden (who say they own it) who must comply with your rights under CCA and other laws. x v

Hi Tazbot The 7 days is their scare tactic. One might offer an affordable and sustainable amount (you have to pay this for many years hence) however submitting an I&E to a DCA invites further harassment ('Do not run, we are your friends [Mars Attax]. x v

Hi again ro I've received a xxxxx/DM/2NAB from them; "This is an extremely urgent matter and one you should not ignore". And Mr Bond is "...very concerned that I have not taken steps to to address the outstanding balance... I always reply by email to acknowledge that I have reported their communications: 'vic: Aren't you in the wrong room, Mr. Bond? Bond: Not from where I'm standing.' I'm not entirely sure of its meaning as I'm similarly confused by Diamond Bob's £30,000,000 reward for resigning; I suppose talons must be rewarded. x v

Hi ro I always send the following; Arden have no paperwork, merely a list of account balances to which they assign their contrived account number. 43 Regulation 36 of the EU Directive Regulations. 16. ASSIGNMENT OF RIGHTS here any rights of a creditor under a consumer credit agreement (for example the right to be repaid the money) are sold or transferred to a third party, notice of that assignment must be given to the borrower as soon as reasonably possible, except in the circumstances described below. This requirement applies to all regulated consumer credit agreements other than agreements secured on land. This requirement is in new section 82A of the CCA43. t is the responsibility of the assignee (the creditor acquiring the rights) to ensure that notice is given. However, he does not have to give notice himself, but can agree with the assignor (the creditor assigning the rights) that the assignor will give notice instead, depending on what is more sensible in the circumstances. It is important, however, that notice is given as soon as reasonably possible and in a way that is clearly understandable by the borrower. otice does not have to be given where arrangements for servicing the credit are unchanged as far as the borrower is concerned. For example, if Creditor A sells his rights under a credit agreement to Creditor B but Creditor A still collects the borrower’s repayments in the same way and is the only point of contact for the borrower on matters regarding the agreement, notice does not have to be given. here notice has not been given, and arrangements for servicing the credit do subsequently change, the borrower must be informed of the assignment on or before the date that change happens. Again, this must be readily comprehensible to the borrower. The definition of “creditor” in section 189 of the CCA applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 71 x v

Hi Tazbot The shorthand is confusing; it took me several months of reading threads on CAG to get my head around it but it was worth it. OC is Original Creditor (MBNA) as opposed to a DCA who take two familiar forms; first, as a commission only harassment bandit, second as a parasite that has bought an account for 2 shillings or less on the pound. FO means Foxtrot Oscar; I may not elaborate further on a family site. SAR is a Data Subject Access Report; your legal entitlement to see data held on you. x v

Hi Harry I always include the following to a DCA bandit which they appear to dislike: ' 43 Regulation 36 of the EU Directive Regulations. 16. ASSIGNMENT OF RIGHTS here any rights of a creditor under a consumer credit agreement (for example the right to be repaid the money) are sold or transferred to a third party, notice of that assignment must be given to the borrower as soon as reasonably possible, except in the circumstances described below. This requirement applies to all regulated consumer credit agreements other than agreements secured on land. This requirement is in new section 82A of the CCA43. t is the responsibility of the assignee (the creditor acquiring the rights) to ensure that notice is given. However, he does not have to give notice himself, but can agree with the assignor (the creditor assigning the rights) that the assignor will give notice instead, depending on what is more sensible in the circumstances. It is important, however, that notice is given as soon as reasonably possible and in a way that is clearly understandable by the borrower. otice does not have to be given where arrangements for servicing the credit are unchanged as far as the borrower is concerned. For example, if Creditor A sells his rights under a credit agreement to Creditor B but Creditor A still collects the borrower’s repayments in the same way and is the only point of contact for the borrower on matters regarding the agreement, notice does not have to be given. here notice has not been given, and arrangements for servicing the credit do subsequently change, the borrower must be informed of the assignment on or before the date that change happens. Again, this must be readily comprehensible to the borrower. The definition of “creditor” in section 189 of the CCA applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 71' Although it it is only guidance it is EU guidance which underpins my rights in the Human Rights Act should a DJ perversely rule that my protections under the CCA cannot be circumvented. I stress that this is not mainstream CAG line but I have not yet engaged with an enemy that chooses to test this. x v

Hi comrade citizen I rarely disagree however, my experience with DCA bandits is that feeding them makes them hungrier and angrier; Cashflow is a great tool for dealing with OCs however bandits are best dealt with by FO and prove everything. x v

Hi Tazbot I agree with your answer to your own question; since you are in negative equity there is little mileage (for them) in a CCJ and CO. I agree with colleagues that it it is safer to maintain minimum tokens be it 1 bean or 5 beans. I agree (always) with dx that it is wise to challenge all aspects of an account balance and whether said bandit owns it; personally, I am happy to maintain token payments (under duress) to the OC but not to a to a DCA bandit; hence I slightly disagree that one should provide an I&E to a bandit DCA notwithstanding that I do provide one to an OC. I hope this is clear. love vic

I think we're agreeing renegade Just because something is not untoward does not mean one should broadcast it; 'this is confidential', and I'm saying that to everyone I tell. x v

I love the last bit renegade; I always write my complaints in the obfuscatory style of their response. x v

Hi Carl There is nothing untoward in treating alleged creditors in accordance with how they treat you and minimizing your costs and charges. I think sillygirl has some informative posts on this. love vic

Hi seq I think Wintry's hobby is nailing. x v