Dear Mr Thank you for your response to my email and providing the information regarding the balance showing on your credit file. I have checked the details regarding the address you have provided and I confirm that we did have a gas and electricity account for you at that address. The debt of £322.13 relates to the final balance owing on the gas account. I confirm that the gas and electricity accounts were with us up to 16 April 2009 and then the supplies transferred away to another supplier. The final balance on the gas account stood at £322.13 and the final bill was issued on 24 April 2009 to the supply address. Our records show that we received contact on 14 July 2009 to set up an instalment plan to pay the balance, however no payments were received. We were not provided with any forwarding address, therefore the debt was passed to a collection agency on 4 December 2009. They then take on the collection of the debt and tracing if required. I am sorry that this matter has led to the situation with your credit file, however the debt remains for the gas used up to 16 April 2009 at ADDRESS. If you are unable to make full payment you would need to speak with the collection agency. Our records show that the last agency the debt was passed to was AIC, contact telephone number – 0141 226 3111. Once again, I am sorry for the concern this matter has caused. I hope that I have clarified the position of the account. I thank you for your patience in this matter. Yours sincerely Miss V Fowler Customer Relations British Gas

I have discovered a default on my file for an outstanding balance with British Gas. this is my ex wives house, the bill has not been paid, I have not livbed there for 3 years. The amount is for £322 under my previous address - There is no reference number on the file unfortunately. As I dont recognise this, how can I remove the default? I have asked for more information at this stage but as with my 3 mobile contract Im currently having issues with at the same address (defaulted), the credit agreements dont always apply and are not enforcable. so my question, what is?

Three have defaulted me for an account I had open for 24 months, on month 24 the final payment wasnt paid. As I moved house I only saw this once I got a copy of my credit file Ive pleaded for the removal, even after stating my girlfriend would be getting a new 3 contract too, however they say they will only mark as Zero owed, but the default stands. Gesture of good will out the window. What can I do? They sent me this: I am writing in response to your recent request regarding the information recorded by 3 on your credit file. Under the terms of the Consumer Credit Act (exempt agreement) order 1989, article 3(1) (a), this account is not regulated by the Consumer Credit Act and is enforceable. We have advised you, through our Collections correspondence, that failure to respond to our requests for payment would result in your account defaulting, your details being shared with our Credit Reference Agencies and further costs being added to your account. A copy of 3’s terms and conditions, which form the basis of the agreement between 3 and the customer, is provided in the 3 Welcome Pack, and can be viewed online at www.three.co.uk. By using our services and electing not to take advantage of 3’s 14 Day Money Back Guarantee, you agree to the contract and to the terms and conditions thereof. As such no amendment will be made to the information recorded on your credit file. For any other details relating to your account like the full breakdown of the account you need to speak to 3 Customer Services at 0843 373 3333.

Ive sent multiple mails to the Tesco data controller - no response :/ Ive sent for a credit agreement as its just not budging. Experian verified it with tesco and they said its 'up to date' - how can this be when they cant prove the account exists?!

Is the following statement legal? We have noted that your car is parked along {Road name} today. Although parking along {Road name} isn’t illegal, it is an infringement of company policy. Therefore we need your assistance in ensuring that all our staff park at the off site car park on their weeks rota and that contractors park at the off site car parking throughout their contract duration and not on {Road name} We obtained permission from the council to allow us an off-site car park within walking distance of {Company}, on the grounds it would remove the vehicles associated with {Company} from {Road name} At present it is causing a major hazard to all users of this road including HGV's being limited to one side of the road for both directions of traffic. We have already received complaints from our neighbours and it will only be a matter of time before a serious accident or damage to parked vehicles will occur. We know that some of you are parking here even though it's not your week off site because it's simply closer, but could you please ensure that you play your part by abiding to company policy and by parking at the new off-site car park at Unit 24 Holly Lane. Please note we have also copied in your line managers.

Thanks CAG!

Well came back from my holiday to find a letter stating they "have spoken to their client about the account and have agreed not to persue any further. The accounts will all be closed and will cease any further correspondance in regard to the account." OFT mailed me back today also to say theyre persuing with my complaaint and thankful for notifying them of their credit agreement breech with a evidence and signed release of such evidence. So, theyre gone, and theres a complaint to slap the wrists of that nonce who mailed me admitting they would harrass me!

I recommend any other complaints send them NOW: Dear Mr I.N.Nocent Consumer Credit Act 1974 (the Act) Complaint Against: Tessera Credit Services Limited t/a Fenton Cooper Licence No: 548510 Thank you for your email received on 1 March 2011. I can confirm that the business you mention hold consumer credit licences. Under the Consumer Credit Act, holders of consumer credit licences must be fit and competent to do so and the Office of Fair Trading (OFT) has a duty to monitor the fitness and conduct of all traders who hold such a licence. The OFT has issued guidance to consumer credit licence holders engaged in the debt collection industry. The guidance is intended to ensure that debt collectors treat individuals fairly. Non-compliance with this guidance will call into question the fitness of licence holders and applicants. You can view our guidance at: www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/debt-collection We have therefore recorded the details of your complaint, and we will consider this alongside any other complaints we have received with a view to any consumer credit licensing or other action we may decide to take. If we do take any action against this trader, it is likely that we would need to disclose your identity to this trader along with details of your complaint. I should therefore be grateful if you could sign the enclosed consent form and return it to me. Unfortunately, we cannot disclose any details about any action we may take, due to legal restrictions on the OFT relating to disclosure of information. While we are very sorry to hear about the difficulties you have been experiencing with the above mentioned trader, the OFT has no authority to become involved in individual disputes between consumers and traders so we cannot advise you directly in this matter. As you are aware, the Limitation Act 1980 (the 1980 Act) sets out certain periods (referred to here as the “limitation period”) after which court claims cannot be brought. Different periods apply to different types of claims. A claim for a debt is a claim based on breach of contract. The basic rule, under section 5 of the 1980 Act, is that a court claim for breach of contract cannot be brought more than 6 years after the breach occurred. In the case of a debt, the breach is the failure to pay the debt when required. The 6 year limitation period runs from the time payment should have been made and a court claim cannot usually be brought after that. It is also possible for the limitation period, in effect to be extended. Under section 29 of the 1980 Act this can happen when the debtor acknowledges his debt or makes a part payment of it. The acknowledgement or payment must be to the person to whom the debt is owed or someone acting on his behalf. When the debtor does either of these things the 6 year limitation period may start to run afresh. This can only be the case where the acknowledgement or part payment is made within the original 6 year limitation period (and not later). The acknowledgement would need to be in writing and signed by the person making it (or someone on his behalf). It would need to amount to an admission that the debt is owed and has not been paid. If a creditor seeks payment of a debt outside the limitation period the debt does still exist legally. The creditor can still ask the debtor to pay. What the expiry of the limitation period means is that the creditor cannot then enforce the debt through court action. The OFT’s Debt Collection Guidance, published in July 2003, gives the OFT’s position regarding statute barred debt in England and Wales: It is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period, If a creditor has been in regular contact with a debtor before the debt is statute barred, then we do not consider it unfair to continue to attempt to recover the debt, It is unfair to mislead debtors as to their rights and obligations, e.g. falsely stating or implying that the debt is still legally recoverable and relying on consumers not knowing the relevant legal provisions, and 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 section 40(1) of the Administration of Justice Act 1970. The Financial Ombudsman Service can help with most complaints about consumer credit products and services if the consumer has failed to satisfactorily resolve the matter directly with the consumer credit licensee itself. The Financial Ombudsman Service can be contacted at: The Financial Ombudsman Service South Quay Plaza 183 Marsh Wall London E14 9SR Telephone: 0800 0234 567 I enclose a list of organisations which can offer you help and advice. For specialist, face-to-face assistance, or intervention, you may wish to seek legal advice either through a local Citizens' Advice Bureau or directly from a legal adviser. Thank you again for writing to us and bringing this matter to our attention. Yours sincerely Enquiries and Reporting Centre Office of Fair Trading

What is the actual law on this? Who can we complain to and what can we quote in our letters? I have the same problem... trying to clean up my credit file too

Dear Mr. I.N.Noccent, Thank you for your email dated 1/3/2011. Your case number for this is xxx, which should be quoted in any future contact about this issue. Your complaint has been passed to Warwickshire Trading Standards who will assess all the relevant information and may investigate the trader for potential harassment, since they are attempting to pursue a debt which is disputed and state-barred. This case has been referred to Trading Standards with no commitment to contact yourself. As the trader has admitted in writing that the debt is unenforceable, you may not feel that you need to take any action against them, but alternatively you could consider sending them a recorded delivery letter stating that as the debt is unenforceable and disputed, you have referred them to Trading Standards for potential harassment, and requesting no further contact. Thank you for the information you have provided. Richard Consumer Direct

IVe also added this line, I hope you dont mind! 8. Also, in response to your email received 01/02/2011 which you state you will proceed with further collection activity, when the debt is indeed Statute Barred, if you do indeed pursue any collection activity after being informed the credit is Statute Barred I will claim via court maximum damages in full. You have no legal rights to update my Credit Reference File with negative information, least of all add any default marker on it, again this will be grounds for a damages claim against you. Also, sent the letter to TOFT and TS

Reference: PUR3-3V1L Dear Sir / Madam For the purposes of clarity and the avoidance of doubt, please take careful note of the following : 1. This letter is sent to you to avoid any “miscommunication” and to give an unequivocal statement of intent. 2. This letter does not acknowledge any debt owed to you or your affiliates, agents, owners or otherwise. 3. I understand this debt was last acknowledged over 6 years ago and falls within the remit of s.5 of the Limitation Act 1980 (which, in case you need reminding, states that an action founded on simple contract shall not be brought after 6 years from the date on which the cause of action occurred). 4. I wrote to your company via email on 28/02/2011 explaining that I had no wish to pay towards a debt that was barred by the statute of limitations Act 1980, this was confirmed by Susan Badger on behalf of your company on 01/03/2011. 5. I am now of the view that your actions are of pure harassment and in breach of CPUTR 2008 in line with the Office Of Fair Tradings guidance on debt collection. 6. The same guidance states it is unfair to pursue a payment after a debtor has already stated they will not be paying due to it being statute barred. I am informing you once again, that even if the debt were mine, I would not pay it. 7. I am sure you are also aware of the provisions of the Protection from Harassment Act, which makes it an offence to harass a person with a demand for payment, or concerting with others to do the same. Whilst the Act provides relief, it is available only where it is permissible in law to take the offending action (which, as pointed out, it is not lawful as it is statute barred), as well as that action being reasonable. For the avoidance of doubt, I do not wish for any person acting in any manner relating to this debt to visit my property nor do I wish to make any appointment. Any person who visits my property in relation to this alleged debt shall be immediately evicted, using whatever force is reasonable and necessary, and I shall have no hesitation in gaining the presence and/or assistance of the police to do so. Furthermore, damages shall be sought under the tort of trespass. I trust the above is perfectly clear and I now expect you to forward me your official complaints procedures within 7 days. Failure to do so will result in me filing complaints with the Offfice Of Fair Trading, The Financial Ombudsman Service, Trading Standards, my local MP, and the Under-secretary Of State. I hope this letter makes my position COMPLETELY clear Yours faithfully I. N. Nocent

Thanks for your reply - the default was £87. its damn annoying as i had no defaults on my credit file, they had all dropped off the 6 year - now im back to square one. annoying!

Hi I have a default against my name, this year. Three have agreed to a smaller sum of settlement, just £27. If I pay this, what are my rights for default removal? As they have already defaulted, causing my record harm, Im reluctant to pay, but its worth it if I can clear my name. I moved house, and my final bill (annoyingly) went 3 strikes and defaulted.

Dear Mr Badmanwhoowememoney Thank you for your email, however, we would advise we acknowledge that your account is statute barred. However, this does not make the agreement void. Whilst we are currently unable to take legal action to enforce the balance this does not affect the validity of the underlying debt; therefore as the debt still exists we are entitled to carry out any actions that do not amount to enforcing the Agreement including the following: Demanding payment Charging interest Transferring the debt to a third party Registering the debt with a credit reference agency and issuing a default notice. In respect of any claim that this debt is in ‘dispute’, we agree that the Agreement is unenforceable in a court of law as explained above however the money lent to you has not been repaid to date. As neither of these facts are in dispute, we consider this matter resolved. However, our client is willing to consider a significant reduction to the outstanding balance, in order to bring this matter to an early and amicable conclusion. We can consider any offer. On your current outstanding balance we can guarantee a massive 70% saving leaving you to pay: £129.45, but dependent on your individual circumstances, this could be much better! Call us immediately on the number above to find out more. If no further contact is received within the next 14 days further collection activity will continue. Yours sincerely, For Fenton Cooper I'd like to point out I sent a letter on the 17th with the following, so theior bit about "dispute" is invalid, I have not aknowledged the debt: You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that I have no knowledge of any such debt being owed to TESSERA PORTFOLIO MANAGEMENT LTD. I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, 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 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 AND 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 would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question. I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions. I look forward to your reply. Yours faithfully Im guessing two options - persue with the response that Statute Barred debts are harrassment OR go down the 'Legitimate CCA request' route? My letter clearly states I do not aknowledge the debt, so this is in dispute, which they are trying to word around as not b eing the case Either way I want the most final result Im looking at this letter next, stating my demands: http://www.consumeractiongroup.co.uk/forum/content.php?420-Letter-to-use-if-a-DCA-still-try-to-collect-after-Statute-Barred I send them this tomorrow by recorded delivery: http://www.consumeractiongroup.co.uk/forum/content.php?420-Letter-to-use-if-a-DCA-still-try-to-collect-after-Statute-Barred The bit I do not liek about their letter is they intend to: Transferring the debt to a third party Registering the debt with a credit reference agency and issuing a default notice. As this is not acknowledged, SB and in dispute surely they are not able to transfer this, nor report to credit agencies as it is over 6 years old.

IT looks like this debt is over 10 years old - Time to declare I shall not be paying the debt due to Statute Barred

Thanks - I will attempt to have this set aside

Hi Yes, it was a credit card. I got onto it and paid for my credit file tonight and the following seems to apply: NORTHANTS, NN18 xxx Court Details: NORTHAMPTON CCBC / xxxxxxx Type: County Court Judgment (England, Wales and Northern Ireland) Court Date: 01/09/2008 Amount: £ 388 Date Satisfied:

in 2008 I had been living at my address for 2 years. I believe the CCJ went against my name at a previous address (

Debt Details: Outstanding balance £431.53 Owned by Our Client : Tessera Portfolio Management Ltd Original Lender Royal Bank of Scotland Current Debt Collection agency: Rockwell AND Fenton Cooper Both above names are trading names of Tessera Credit Services Rockwells letter is dated 10/12/2010 and Fentons 08/02/2011 How does this affect who I am to deal with, and their validity of this debt? Should I send them a request for CCA or other?

Information on Debt Telephone call received last week asking about unknown debt Balance £874.88 Debt purchased from Bank of Scotland 17/02/2011 – Email sent with attached Request for more information (http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt) 24/02/2011 – Letter received regarding debt details: Account: XXXXX Balance £874.88 Debt Purchased from: Bank of Scotland With reference to your email dated 17th February 2011 I can confirm that this balance relates to a Bank of Scotland Credit Card Account. The last payment made on the account was on 29th January 2003 in the Sum of £20. CapQuest purchased the account in July 2005. Due to non payment legal action was issued on £299.99 of the balance on this account and Judgment was entered on 1st September 2008. The residual balance was not litigated on in order to minimize costs but remains due and payable. If you have any further queries regarding this matter or would liketo arrange payment please contact a member of our litigation department on 0844 248 8998. Alternatively if writing please quite your reference number XXXXX Yours Sincerely T.S. Legal Support Department Should I now send out a request for CCA or Send a letter regarding debts that have not been acknowledged (no payments made) for over 6 years (i did see a template somewhere) EDIT: Found the thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?146530. Thanks

Good evening, I hope you can offer some useful advice. Looking at my credit file I have a Visa debt of just over £200 owed to Tesco Finance. It has not defaulted or gone to court, and the account opened in 1999, it is still open, with non-payment against the account. As I didn't recognise it so I asked Tesco to provide me with either a recent statement as the account was open, a new card, or some sort of credit agreement All the credit file shows is that is hasnt been paid, every month since about 2001, yet when I requested more information on the account Tesco wrote to me asking more information as they couldn't find this account nor why it hadn't defaulted etc. They wanted possible scenarios - had i moved, upgraded the card etc. I havent responded. So, essentially, I dont acknowledge it, Tesco do not acknowledge it, they are not chasing it, they do not have me on the system under any postcodes- yet, if a creditor sees this on my file he presumes Im not paying a debt. What to do? Thanks in advance p.s. On a separate note, Is it the norm to start a thread for each new debt I am disputing? I have some other 'oldies' cropping up from years ago that I havent had time to challenge, i now want the calls to stop and credit file clean (note they're not even on my file anymore they're so old)

Just to update you all - My MP told them to go jump He politely informed me he would be speaking to them about the 'lack of compassion' and agreed with my comments about the unfair stance I was in. I got an apology from the DVLA, stating they had been contacted by my MP and they were indeed mistaken and there is no outstanding fine against my name. Weeks later I did the same thing to get off a parking ticket due to the badly designed bodge job signs int he car park, seems hes a useful chap the MP.

Over a year ago I was threatened byt the tax office to mae a final payment of 4k - which I didnt have as petty cash! I got in contact with TaxDebts who called them off, and got a payment plan in place. Since this time Ive been paying taxdebts £30 a month for their service - do I still need them when this £30 could be going to my tax bill? I read the terms and conditions, it says i can give them 4 weeks notice, would I then just pay the tax office directly? I panicked previously as the tax office didnt want to hear my side, and wanted full payment or a court order would go ahead. Any advice appreciated, Pete

gone with talk talk after calling everyone, including virgin - no fibre so need copper. Talk talk are 59.99 connection fee, better than 120 i guess