Ok they've had long enough so I've sent this today ! I wrote to you on 1st November 2006 delivered 3rd November 2006, via recorded delivery, requesting a true copy of the signed agreement under the terms of the sections. 77(1) and 78(1) of the CCA 1974, enclosing the statutory maximum fee of £1 in the form of a cheque. I have not been provided with a copy of a signed agreement under the consumer credit act, I have not been provided with a statement of account, and I have not been provided with a true copy of the deed of assignment, despite my properly formatted and paid for request. I do not acknowledge any debt to Wescot Credit Services Ltd. I will not be making payments against this "debt" as it is unenforceable. I believe Wescot Credit Services Ltd has committed a criminal offence under the terms of the Consumer Credit Act, and non compliance with the original request is therefore a complete defence to any court claim that is issued. This is a formal notice, demanding that you remove any entry including the defaults regarding this debt from and not limited to Experian, Equifax and CallCredit. Please note that as my CCA 1974 (s 77-79) request is now over the time as prescribed in law, your failure now constitutes a criminal offence rendering any action by you unenforceable. However I will not seek a court order in that regard on the clear understanding that this matter is now closed. I await your written confirmation of the above at within 7 days. Yours faithfully, We will see what happens next !

UPDATE - Just retrieved what paperwork he has and looks like the last letter he sent them was on 30 July 2002 and last letter received from them was dated 31 July 2002. And get this its with Royal Bank of Scotland and not Nat West, the OG is truly starting to get me wound up now. So I'll get the mods to move this thread accordinly I think.

Ok the OH has read the letter and is now being a complete coward, am now trying to fend of loads of what if questions, so before I get done for murder, what do you think I should do Nattie & Jan, should I send the letter pp'd by me and risk it. Whats the worse that could happen ? In the meantime i'm nagging him to dig out any paperwork that he has on this.

Ours is a Platinum a/c and the money was paid in yesterday ! So I shall be deducting it from our total claim which at the moment stands at a little over £3k so far. Should be more later in the year when I get to start the claims !

So am I Nattie to be quite honest i'm bricking it here hun ! I don't the the OG is to sure either Jan. But hey ho nothing ventured nothing gained eh !

I've had the same letter for our joint a/c but offering us £672.52 into the a/c on 27/4/2007. I havn't even started to claim against this bunch (long story 8 a/cs both business and personal, with o/drafts etc, was waiting to get all into the black before claiming). Was hoping to do all of these together as I think it would be a real biggie, hey ho ! Anyway just had a quick look and I reckon that the total on this a/c is around £2k so will do a spreadsheet tomorrow and give them a ring and see what they have to say. I will post an update as as when I get any news ! darling

Thanks for that Barty, I didnt wan't to bother a Mod just for this but hey ho here we go !

The OH had a business overdraft in 1990 for his Limited Co. Unfortunately the business hit bad times and was liquidated in 2000. They asked for the money back but he was not in the position to do anything then and to be honest we are not in a position to pay it now either. I think he has had one or two letters since then, but not for the last few years anyway. Received a letter from Cobbets yesterday asking for his intentions for paying back the money. I'm thinking that this should be statute barred so have fired off this letter to them today No debt is acknowledged to you. You have contacted me regarding the account, which you claim is owed by myself. I 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’. The last correspondence/payment/acknowledgement of this 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 me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed. Furthermore the OFT Debt Collection Guidance states 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 section 40 (1) of the Administration of Justice Act 1970’. I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed. I look forward to your reply. Shall wait and see what happens next !

Can a Mod close this thread please I need to start separate new threads as I have 8 different accounts with this shower !

Bump

So basically I should send off a CCA 1974 and find out what does or doesn't come back then ?

Hi Alan, quick question please, does the CCA 1974 cover a Personal Guarantee Liability ? I ask this as my OH has Personal Guarantee Liability with Nat West that he acquired in 1990 ish, for his old business that went into Liquidation in 2000 darling

Hiya, yes my babies are now fully trained and now think that the garden is the greatest place ever. Just following this thread as I am having problems with Reliable Collections - Big time, so am hoping to pick up some pointers. I think it would be helpful to everyone if you could post copies of all the letters that you have composed so that others can use them if that is ok by you. Thanks in anticipation darling

Subscribing !

Cabot, Wescot, NCO all of these three without a doubt !

Dunnit !!!! Perhaps this should be put somewhere that everyone will see it !

oooo Seahorse you devil you !

I'm In, Bump !

Penfold i'm trying to find someone to help you ! darling

Can I ask a question please ? I contacted Cabot a few months ago with a CCA request for Monument and Barclaycard debts. I've just received a reply with a photo copy of a Signed Application Form for Monument. Does this comply with my request and do I have to start paying again as they are saying that I need to start paying again. Also this paragraph is a bit weird as well. If you still dispute ownership of this account, we will need proof of address for July 2003 in the form of a copy of a tenancy agreement, (i have a mortgage), utility bill, bank statement or an official document. You will also need to report this matter to the Police and obtain a crime reference, which we require along with details of the Police Station and reporting officer. from Emma Robertson Cabot Financial (Europe) What Now guys ?

Just checked companies house website and BCW & Eversheds are both still ACTIVE !!!!!!!!

We are being chased by Buchanan, Clark & Wells, 11 Elm Court, Stratford upon Avon on behalf of Bank of Scotland Equipment Finance. Any advice appreciated ie: should I send them a CCA 1974, SAR, ignore them completely ? If you need a copy of their paperwork please ask !

well Done Bong !!!!!!!

Hiya Welcome to the forum, the best advice I can give you is to read the faq’s thoroughly http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/24031-frequently-asked-questions.html And then and only then you can proceed, personally I have found this guide very useful http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html Remember when you have posted your initial letters please take time to re-read the faq’s etc it really is worth doing and will save you time etc later on. Lastly let me wish you Good Luck with your quest. darling

Just sent this letter off, I found it on another thread, brilliantly written by HAGENUK so i've just adapted it a bit. Lets see how it does ! I have contacted you on various occasions regarding my claim for a refund on charges applied by yourselves on the above account, to which I have not received any response at all to my request for repayment dated 17th October 2006 and a reminder on 30th January 2007. It is clear from your lack of response that you are under the impression that I will not issue a claim against you for the return the unlawful bank charges debited from my account. I am writing to inform you that this will be the next stage unless I receive full payment in the next 14 days of the £....... detailed in my previous letter to you. However, please accept this correspondence in accordance with my duty under the Civil Procedure Rules to continue to pursue a settlement without the need to invoke the time of the courts If you do not intend to defend your charges in court, but hoping that I will "just go away" I should to point out that this will not happen and you will incur further costs against you. Take note that I will draw the Court’s attention to the fact that you have not made any attempts at settlement in accordance with the overriding objectives of CPR. Furthermore I will submit this letter to the Court as further evidence of your intransigence with my case despite my attempts at settlement and the settling by your company of all other similar claims to date. Alternatively, in accordance with the overriding objectives of the Civil Procedure Rules I would like to give you the opportunity to settle this issue without the need to take the time of the Courts. My claim is for £....... If you could ensure that this sum is paid into my bank account within 14 days I will inform the court that this matter is settled. If you wish to pursue this course of action please telephone me on xxxxxxxxxxxxx to obtain my account details. Please do not waste any further time with something you do not intend to defend. Yours sincerely