Consider the SAR done (just need to post it recorded delivery in the morning) , I'm wondering how awkward this particular company is with this sort of stuff. Can I expect them to go through the usual delaying tactics of proving my identity, continual delaying letters etc.

OK then, SAR it is. Does anyone have any experiences dealing with Candid Collections / Simply Be?

Hi Brigadier2JCS Thanks for the fast response. In our original letter to them we requested three items: 1. True copy of the alleged agreement 2. Signed true & certified copy of the original default notice 3. Deed of assignment if the debt was sold on So from what you are saying the copy of the credit agreement with just their signature and no date meets the requirements of the CCA statutory request? I can understand what you saying about the statements, i.e. if they provide statements showing my partners use of the account then acceptance of the T&C's is implicit, so I won't continue down that particular route. I'm not sure if the account was opened on line or not, does this make any difference to the agreement? I was reading through these threads: /forum/showthread.php?67055 /forum/showthread.php?91966 (sorry can't post links yet due to my low post count) And it looks to me like they should have provided my partner with something to prove that they actually sent a default notice before registering the default? Should I progress with this point or send off a SAR first to see if the SAR response contains the info? Thanks Ian

Hi All, After having a re-mortgage declined recently due to a poor credit rating I checked both my partners and my own credit history with a couple of agencies and found some defaults registered against us. Not realising we had these and following similar threads on here I sent of a few letters to the companies involved asking for more info, copies of the credit agreement and Default Notice etc. along with the £1 statutory fee. I have just received a reply back from one of these companies, "Candid Collections Limited trading as Simply Be", this is an old catalogue account. They have replied back with a full history of the account and what they call a "re-constituted" copy of the credit agreement. The strange thing about the credit agreement is that there is no signature from me on it, only a signature from Simply Be, additionally there is no date on the agreement. They state in the accompanying letter that they do not need to provide a copy bearing my signature. Is this correct? Surely they need to prove that I accepted the terms and conditions otherwise they could just fabricate this sort of document for anybody? The other thing is, they appear to have completely ignored my request for a copy of the Default Notice and not even mentioned it in their accompanying letter. I am going to respond and chase them for the Default Notice, but is it worth progressing the credit agreement issue with them or do they not need to provide it? Cheers Ian

Thanks for reply and moving me into the right forum. I haven't sent of the SAR yet, so I will make sure that I send it the Three. So this default isn't covered by the CCA? Is there similar legislation that covers mobile phone contracts? I am concerned that a default was registered against me apparently without my knowledge or notification. In this case the default was registered in Feb 2007 so I believe it will disappear from my CRA reported early next year but I still want to know how / why is was registered in the first place.

Hi All, I am looking for a little advice: I was recently declined a mortgage and as a result I ran a credit check against myself with the three major Credit Reference Agencies. When I received the results I found that I had a default registered against me by Lowells, unaware of who the company was and what the default was for I sent them off a request for for further details including a copy of the credit agreement this default referred to and a signed copy of the default notice. I have finally received a response from them and it turns out that this was in relation to a Mobile phone contract from Three several years ago. Now I did have a phone from Three and did run into some "issues" with them, however the phone contract was cancelled by mutual agreement, phone returned etc. (but I don't have any documented proof of that due to the time that has passed). However that's not what I am posting about, what I need some help with is the response I received from Lowells wherein they said (summarised): The phone contract was a Service Agreement and not a Credit Agreement as defined by the CCA. They stated that insertion of the SIM was acceptance of the Service Agreement and a signature was not required. They have not mentioned the Default notice So my questions are: 1. Are they correct in saying that this is a service agreement and is therefore not covered by the CCA? 2. Same about the signature bit, is this correct? 3. Are they still obliged to supply a copy of the default notice? They have put my account on hold while they investigate and I'm also just about to send them a SAR to see exactly what data they hold about the account, however at the moment I'm unsure how to proceed. Thanks for looking

Hi everyone, I'm a long time lurker on the forums and used to have an account previously (i4000), however that account doesn't let me post any more (probably due to lack of use) so I created myself a new account . Anyway, the site is great and has loads of useful information and now that I can post again I jolly well hope to get a bit more involved. Cheers Ian