update, got an interesting reply yesterday to my letter asking for the above. Wont go word for word and will scan letter up on Monday but it says... "thank you for your recent letter. We would like to point out that the information provided on xx /xx/10 ws pursuant to your data subject access request for information under the DPA 1998. If you would also like information under the cca 1974 we wiill require payment our fee is £1 please send this to the above address. " Question for me, if I have paid £10 under the DPA 1998 for all information they hold on me ( for presumably the last 6 years) why on earth would I need to pay for this....? The pound isn't of course an issue but something strikes me as odd in this reply!

do you think it is worth stating this is what i believe is missing ? worth the postage i guess.. whats the implications of them having so little?

update, although not signed for, I got a reply from Derby.. They advise that all sent on 10/10 ( date of their original reply with the semi complete info) saying they ve sent everything and what do i think is missing. In my mind this is; complete statement of account Original CCA letter of default and notice of assignment am I missing anything else?

strangely ( or not I cannot find one!) when i speak to their call centre they say there is no number available. the PO BOX 4944 address is the correct one..odd

hunting the t'interweb for a number as we speak

further update, checked rec del online..still shows as no signature on both OC addresses..strikes me as odd...may have to hand deliver at this rate =D Googled them and cant see any posts on change of address etc

to update, have sent further letter to the other po box ( 49944) today!

Never doubted you CB !

Hi cole sent it to the 49930 originally and got a reply..will send again to the first one too... worth paying the extra postage! thanks

Thanks DX i will, You re right Silly, i can only imagine how many people do get caught out though! I just thank my stars i found this site. Def want to make a contribution to keep this site going !!

Hi guys, another bump to see if anyone else has a look at the CCAs ( thanks Cole and BA) also advise that my 2nd rec del still hasnt got a signature...odd! DOes anyone know if that OC has moved ? Takes 15 working days for RM to investigate.. Maybe send Spec Del rather than recorded? Any advice on that? thanks as always!

Hi Cole, I did indeed. am resending today though as when i use the rec del tracking I have the "come back later " message for this shipment. Knowing Royal mail as i do this means its been lost/undelivered. Agree with your thoughts so resending via rec del today, requesting a week turnaround.

thanks Cole! will get this mailed off via recorded del today. Anyone else have any thoughts on what HAS been supplied and why what hasnt been supplied is missing ...

currently drafting reply to docs sent by OC. Paragraph my eye gets drawn to is ; *_PLEASE NOTE_* that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec) You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007) All the information missing am I correct they must advise that this cannot be provided as it does not exist or is it a legal assumption? If anyone has a draft letter to this kind of case this would be greatly appreciated. Seems a fair few holes in the information supplied..what do you think?

OK please find attached CCAs from OC. Questions and points i have collated so far ( with help from Coledog). Any further questions comments or pointers much appreciated! Three credit agreements dated 22 Sept 04, 11 Feb 05, 22nd July 05 all for loan refinances. There is NO agreement for the original loan or whatever was refinanced in Sept 04. Insurance cover documents for these three loan ( PPI argument?) An application form dated 20th July 05 - but no other application forms, plus supporting id, payslip and bank statements etc No default notice or any correspondence about missing payments No statement of account or record of payments made/charges etc No record of any telephone calls or manual intervention No Notice of Assignment or anything whatsoever about who the debt was sold to or how this got to HFO cca.pdf

update, have had some great advice today ( thats CD! ) and will be posting the CCAs tomorrow for review. where I am at the mo? well i have a fair handle on what I have and what i need to press the OC for tomorrow!

More than happy to! will send tomorrow!

Oh yes its gone to everyone, have crime ref number, OFT case number and trading standards.

Hi ! Heres my weight to the case! thanks! http://i854.photobucket.com/albums/ab110/batleyboy1/p1.jpg http://i854.photobucket.com/albums/ab110/batleyboy1/p2.jpg http://i854.photobucket.com/albums/ab110/batleyboy1/p3.jpg http://i854.photobucket.com/albums/ab110/batleyboy1/p4.jpg http://i854.photobucket.com/albums/ab110/batleyboy1/p5.jpg http://i854.photobucket.com/albums/ab110/batleyboy1/p6.jpg hope it helps! subbin to keep abreast!

out of interest, would the OC speak to HFO and "agree" a NoA and default date? Do they speak that freely?

Sorry about the delay, have scanned all to pc, now in process of blanking out all particulars before posting on here....may take a while theres a load there !

Thanks! they are the two things i think are missing ( as well as a detailed statement with start and end figure) will get scanning and then going through the obligatory blanking out ( its about 20 pages so may take a while) thanks coledog!

ok i will do some scanning tomorrow at work ( loads of it though ) as i have receieved docs from the OC. to give you an idea what it is there , there is a covering letter, a sort of statement some what i believe are credit agreements with supporting docs and signatures. each apps signature looks different but could be argued are slightly similar but dont seem to match the supporting ID. One thing that isnt there is any letter stating its defaulted and passed to the DCA , should there be one? should i chase for one? thanks

Cheers Cole! OK to update ( and so I can keep a timeline as sooo easily confuddled ) Letter sent recorded yesterday, recorded slip filed with letter and will file signature sheet of royalmail.com in a few days once receieved!

ok here it is..going by recorded today! " HFO Services Ltd PO BOX 342 West Byfleet Surrey KT14 6YX ACCOUNT IN DISPUTE Date: Ref: Your reference:xxxxxxxxxxxxxx Dear Sir/Madam 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 28th of August 2010 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 1st of September 2010 You have failed to comply with my request, and as such the account entered default on 20th of September 2010). 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 or 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 "