Finally got my credit report to have a look at. For some reason the debt Capquest claims I owe them does not appear there - everything else I thought I owed does, but not this one, but the their are plenty of unrecorded searches by Capquest, does this mean that 6 years have past?

I thought overdrafts DID come under the consumer act as its running credit? It was a £200 overdraft, the amount demanded by Lowell is £500, about 400 of which is charges (the overdraft itself was used up on their charges which pushed the overdraft to the limit then beyond.) The problem I also have is I dont know what the account number is, and lowells letters do not give it.

We don't know if the Bailiff is uncertificated yet though I have pm'd the user Herbie who seems to know these things, and hope he/she doesnt mind it coming out the blue. Is there not a time limit on a court case against our former landlord? we moved out of their almost 12 months ago now. As I say he had our new address from before we even left, yet he only contacted us about the alledged damages when we contacted him 2 months later about the tax. Apparantly he was going to be away the weekend we were leaving, so he sent us a letter saying his Agent would be round to inspect the flat, and take the keys, no such person turned up, so we were forced to take the keys, and threw them away unmarked with the refuse at partners parents house. So we have no Leaving inventory signed by him or his agent, part of his charges include changing the locks because we didnt give the keys to the agent who didnt turn up, the other option was to leave the main entrance to the property unlocked and face charges of negligence should anyone walk in and rob the 3 flats in there. His letter also accused of of breaking and entering the property after we left If knocking on the back door of the downstairs self contained flat and being invited in to his kitchen by its tenant while he went to his drawer and got our mail that had built up and he had kept for us and rang us to tell us he had some is breaking and entering then we are guilty as charged. Im confused to the bailiff charges bit -I thought they were allowed to charge for the visits even if they just spoke to you through the window? they have never been into the property just stood powerless in the garden.

One more thing, the latest collection of threats from Lowell's also say if it goes to court they will persue me for contractual interest, are they able to do this? (they have bought the debt)

its not a loan as such, but a £200 current account overdraft swallowed up and increased to £500 with a sucker punch of charges. The debt is now sold to Lowell who I will be CCA'ing, and since the account was set up when i was 10 in 1988, its unlikely the BANK have my written authority to process data never mind Lowell I certainly never received a fair processing leaflet.

Debt is for about 1200 Its council tax Leeds City Council Rossendales bailiffs The only problem is that first visit was about 2 months ago when I was working nights and too nackered to sort things with the council then, not that they are likely to have done anything, the funny thing is at the time I was working FOR the council through an agency. I did however write a very angry letter which I didnt send, but its still on the PC and presumably datestamped by the filesystem with the date i wrote it. I should really have kept my mouth shut and told him to write down the charges and put it through the door, however I indicated that I had an idea of the real charges and maybe knew my rights and suddenly his tune changed. Though we had a letter a week or 2 ago telling us they we sending a van round to remove goods and that i WILL be liable for the costs of that van (minimum £110) The truly annoying thing is, it only got out of hand because our ex Landlord refused to pay the outstanding Ctax when we moved out, and it seems hadnt been paying any, but the only reason we took the flat was that it was advertised as including Ctax, the flat was reassessed when we were there, and raised, but by then we had signed letters from the landlord agreeing that our contract did INDEED include council tax within our rent and that it was his responsibility for the 6 months contract, but if we stayed on after that it would become our responsibility. We moved out at 6 months, and when we realised the tax hadnt been paid we telephoned and suddenly (2 months later when he knew our forwarding address) a nice package arrived from him claiming all sorts of damage to the property and accusing us of Theft!! he claimed that with all the damage we actually owed HIM another £400 on top of deposit. Needless to say we tried to sort it with the council who took a look at our signed letters of the landlord admitting liability to the tax and said Tough, and demanded we pay £150 towards the arrears a month on top of our usual monthly Ctax payment and its spiralled from there. £150 despite my partner not being in work and not eligible for benefits so we were living (badly) on one wage of 13 grand and lots of debts. So im not expecting much from that council lol.

The only thing that has confused me is I thought the rights of a creditor under data protection are non transferable with the rest of their rights and obligations when selling debt on?

What exactly is the Fair Processing notice, I understand its to do with data protection act and a debt purchasers write to hold your info without a contract with you, but a search on the terms has brought of hundreds of results within CAG! Does anyone have a link to a CCA request that also asks for the fair processing notice and everything else you can legally ask for? is the FP notice something the original creditor would have done, or is it something the debt purchaser will knock up if someone asks, so ultimately pointless in asking for it?

Thanks for the info! my partner also has some debts, around 4 grand, the biggest is Welcome who generally seem to leave her alone (lucky girl) and the second biggest is Bank overdraft, she used to keep all her statements, then fell into bad habits when she met me but looking at what she has and what she says, I suspect her overdraft is MORE than covered by unlawful penalties, so the plan with her is to SAR/claim from the bank, CCA & SAR Welcome just to annoy them (its only a year and a bit old so they will have the agreements id imagine, but I suspect some dodgy stuff with the insurance sold to her - she was told she had to have been working for 12 months previously which she had to claim, but when she lost her job through sickness they said she couldnt claim because loosing her job meant she hadnt worked for 12 months..) She has a magnificently large orange contract phone bill, which was sent to NCO for collection but no contact in months, but I dont think they add unlawful charges on do they? So once we have deployed all the acronyms whatever emerges will then be put into a payment plan, but obviously and this is why I am considering bankruptcy for myself, this will leave us almost nothing to pay both our debts, at the moment we are seriously considering seeing if we can get a 2 person flat through a housing association, but even though the bills are a struggle at moment, it is nice to have the room in the house we are renting. I have taken the first step this morning of ordering my credit report from Experian to see what evil lurks in my past, I have decided to try and sort things through CCA/SAR etc with the people who know or suspect I am at my address, but if Cahoot find me through my experian check, I think bankruptcy will have to be a very likely possibility, since our left over cash every month wouldnt even pay for a night out, and with several large amount creditors, it just wouldnt work, I dont see them accepting a fiver each And we wouldnt even be able to afford the fees should CCJ's emerge to get them changed over to monthly repayments.

The problem is I DONT have the money to pay the arears off in one go, and the bailiff is refusing to take payments towards it at all, unless there is a walking posession and told me his company will tell me to bugger off too if I speak to them without a WP. I dont know why he is playing with me, perhaps because I stood up for my rights? And told him if he is unhappy with repayments but no WP then to send it back to the council so I can deal with some (vaguely) human beings?

My debts from what I can work out until I sort out a credit report are: Capquest (purchased) £8000 Cahoot (no contact for years) £9000 Welcome £4000 Lowell (purchased) £500 Provident (paying) £602 joint Council tax arrears £1200 Littlewoods (500) Capquest, I suspect is very near 6 years, and given the age and what others say and letters from them offering "fantastic opportunities", a CCA request seems unlikely to be fulfilled. Cahoot, havent contacted me in years, it to is possbily close to 6 years, capquest and lowell found me when I went on the electoral role at my new address but nothing from cahoot strangely. Cahoot I think was done online, and while I hold the majority of the blame, I dont think they should have offered a £9000 flexi loan and credit card to someone earning about £150 a week.. Welcome, every time I get an agreement to do some repayments, I get a phonecall within 2 days in apparant complete ignorance of the last call/agreement, telling me when advised of agreement to payment plan that it was not enough and shouldnt have been offered (figures vary wildly from £10 a month to about £80 to stop interest) I also believe there could be fraudulent visit charges on the account, especially since they didnt ring to make an appointment, but they also claim to have made visits which they didnt (after threats on phone I eagerly waited in for them) I have been threatened with violence against me and my property by a member of one of their west yorkshire offices, they have also contacted my Mother, masquerading as a bank at first, then threatening her to get me to call them or they will come round and "sort me out" leading her to phone me in a right state telling me to call the police. He also made calls to her throughout the afternoon ORDERING her to make me call (im 300 miles away from her) or to give her any other phone numbers she has for me. Telephone calls to my employer that I was being made redundant from in some sort of attempt to gain info on me (HR manager was very switched on and clicked the call was not right straight away) actually did come round, and threatened my partners friend a young girl unless she told him where my office was so he could go round and sort me. and Oh yeah, started telephoning my partner pretending to be fraud officers at the local police station CID investigating allegations of phone and financial fraud. I kept a log of all this and have statements from my Mother An attempt to put in a complaint with the manager of this office (his voice sounded remarkably like one of the "fraud officers" was met with "cant deal with complaints until you make a payment" Council tax im waiting for it to go back to council So I can deal with them, all attempts at repayment with bailiffs are met with not without a walking possession, and involve an attempt to kick my front door in. (I seem to have all the luck lol) Provident, due to being a temp agency worker at moment, am a month about £60 behind, but the provident collector is actually an Ok guy, and is happily taking payments, as long as we dont get 2 months behind. Littlewoods again possibly close to 6 years but also seems unlikely to pass a CCA request Lowell, bought the debt which is an overdraft made up of Charges on an account opened by my grandmother when i was 10, a CCA request seems unlikely to be fulfilled. We also owe my partners father a couple of grand when he helped us out with deposits and rent. Currently we have about £30 spare cash left over and an unwell cat, and the vet fees are an added pressure we dont need lol. We have no assets and the only property of any value, and that is minimal is a 5 year old 21" television and a 3 year old PC thats almost literally falling apart the case is in such a state. So would Bankruptcy be the best option, or should I credit check in the hope that Cquest is near limitations, and CCS the rest? the only problem is having to organise our finances to make repayments for the next 60 years or so is a scary thought, especially given how a missed payment and bank charges can skyrocket things. I want to pay welcome and provident and cahoot if I can, capquest I frankly dont give a damn about after hearing how they operate and speaking to them on the phone once (god knows how they got the number a PAYG mobile..) Il hapilly pay them what they bought the debt for and some admin fees but I wont stay awake at night over them, especially after the phone call a year ago (nasty doesnt begin to describe it) The only thing that concerns me with bankruptcy is as im an agency worker I get paid weekly, so if my acc, a joint natwest Step account with no lending associated was closed it would cause a right farce to get my money (they wont do cash)

Can the Bailiff's charge you for Van fees without a walking posession? Had a letter from Rossendales headed Final Reminder, informing me that as I have not cleared the balance they are sending a Van around to remove goods, which will add a "minimum" of £110 in their costs. Except the Bailiff has not made entry, I have dealt with him through the window, and he has turned down all repayment offers (I offer every time he comes round to sort something) unless he can do a walking posession. Surely this is intimidation and maybe fraud? since there is no WP but they the letter states that the van is coming with its associated costs. I do actually have "WP" in the drawer somewhere, its a blank one signed by the bailiff and posted through the letterbox, he didnt even knock, just posted it through and drove of. I was alerted to his first visit a week before by his attempt to kick my front door open, as the yale lock was clearly damaged and loose and he maybe thought an "I gave the door a good knock and to my suprise it flew open" story would work, luckilly because of the falling out lock the door was locked by the much stronger middle lock, he then lied about the charges he can apply "hundreds" said he, "oh really?" said I. Given the area I am sadly living in, which can be a bit rough he probably assumed id have no idea of my rights.

I thought a defendant had the right to have the case heard near them? Otherwise DCA's would be sending out CCJ summons' to be heard in the Orkney Islands, or darkest Cornwall...

If your only account is a Step/Basic account and you go bankrupt, would the OR still "take" it? or would he simply grab any cash in it but leave the account open, since it has no credit facilities?

a letter from Moorcroft has arrived, I Had cable broadband with NTL after giving my direct debt details several times and spending a fortune phoning them to do so, no direct debit guarantee form appeared in the post, neither as I recall did the staff read any statements out regarding DD's. no payment went out of the account the first month, then a further month later still nothing in the post re what dates they would take payments, but then they try and take a payment! being at a completely random time of month there was no money in for it, so got the lovely NatWest declined DD charge of £38, then a week later with no letters in between to inform me, NTL tried AGAIN! costing me another £38, the bank insists its NTLs responsibility to refund me, as they havent kept to the Direct Debit guarantee etc, coincidently the 2 charges of £38 add up to £2 more than what Moorcroft are saying I owe - do I have a leg to stand on if I stand my ground, where it to go to court and I defended? NTL have NEVER sent any communications regarding this matter whatsoever, not even an Oops, your payment didnt go through, just a letter from their debt collectors 2 months later.

Imagine getting a job for them and "accidently" hitting delete :o Fly by night companies like these... whats the chance they have proper decent backup systems for the IT & data in place!

So how does this fit in with the guidelines that a Bailiff mustnt "advertise" IE by wearing a jacket that says "Debt Collection"

I work for a local authoritys out of hours service, and for things like broken windows, doors etc where someone else had done it, we don't charge if the tenant contacts the police and gets a crime or log number. Its only when the tenant themselves has caused the damage, refuses to contact the police, or for instance has lost their keys that they get charged. Was your ex living there at the time? If so they may have decided its tenant inflicted damage hence the charge.

Do you have a copy of the original ticket? Its just that at the moment Leeds City Council are having to pay back parking fines to motorists left right and centre, as in issuing them they did not follow the legal format on the tickets - missing out dates that should have been entered etc. check on leeds today news website, and im sure the BBC will have something

The agency i work for pays me for example £7 per hour and invoices the employer for around £15 per hour - sounds VERY profitable to me! I suppose it depends on the agency.

Im with an agency at the moment, I work 12 hour night shifts, earning over £100 per shift. However my holiday pay and apparantly its entirely legal (not that my contract explains this, which apparantly is breaking the law) equals £43 for every shift I take. so where I to take 2 holidays for each shift I work, i STILL wouldnt make as much money as I would working it. I think my contract just gives some bumf about 4 weeks paid holidays etc. I have been told by the agency that its calculated based on how many actual days i work, around 15 per month, though they avoid the issue that every 12 hour shift I work actually therefore encompasses 2 days - start 8.30pm on 1 day finish at 8.30am the next.... So, Mrs B is part time, she works 2 hours per day, 31 days a month, so she works about 60 hours, and is entitled to more holidays and holiday pay than me, who would work 15 days (in reality 30 since each shift starts in one and finishes in the next) and work approx 180-200 hours. and considering I have an idea of how much the employer is actually charged by the agency, you would think they could be a little kinder with the holiday pay.. On the other hand, for working Xmas Day I received triple pay (which the employers permanent staff didnt) and Double for boxing day ! Its all swings and roundabouts, with an agency you have the option to just bugger off whenever..

so called "technicalities" can be extremely important, for instance successful police prosecutions can hinge on "technicalities" and wether the arresting officers dotted their i's and crossed their t's in the correct manner. If we make a technicality based error in issuing our legal documentation, whether its a CCA request a subject access request or court papers, they can legally ignore them. as alledgely professional financial institutions these organisations and any third parties they choose to deal with, passing on their original responsibilities regarding our data and loans etc, they should ensure that absolutely every legal requirement is fulfilled, and every t crossed and i dotted, otherwise its quite right that they cannot enforce should they fail in their legal obligations

But surely the visits are only lawful if they make an appointment?

What if your Bank account was opened when you were a child around 18 years ago and to your knowledge you never signed any of the banks terms and conditions, the account being opened by a grandparent, would a CCA request work then? I get the odd but rare letters from Lowell over a barclays account overdraft that was all charges that was shut down.

Just had a letter from Capquest - instead of the usual identical capquest and scotcall threats that emerge now and then this is a little different. Has anyone else had this, and given what they are offering, does it sound likely they would be unable to fulfill a CCA request, or is it evidence they do have everything needed for any court action. (the annoying thing is i dont remember when i originally defaulted with Egg, I could be coming up towards 6 years or still have a year or 2 to go) They have bought this debt, not that I ever received a notice informing me, just a threat letter out of the blue demanding their money. Dear Mr Caledfwlch. As you will now be aware your account is being processed for legal action. I am corresponding with you as the Managing Director for the CapQuest Group. Your account has been pre-selected for a one time solution to settle your account. This is not a gimmick and nothing sinister, just a project that I am personally promoting to encourage you to clear this debt and save a considerable amount of money doing so. My plan is simple: 1. You agree to pay an amount of your choosing by Direct Debit or another method that may suit you. 2. All interest that has been applied since we acquired your account will be removed and no further interest added. This currently amounts to £111.88 leaving a balance of £1216.34. 3. For each payment that is received in line with the arrangement made, we will credit your account with an amount equal to 30% of your payment. That is to say, you pay £50.00 and we will credit your account with another £15. If you comply with the arrangement you will save at least £476.78. To start this project I am also offering you a delayed first payment. Your first payment will not be required until 30 APR 07, all you need to do is contact our Customer Services line on 0870 084 3505 (national call rates apply) This number has been specially selected for this project and therefore if you have any query or question this team will assist you. Waffle waffle about setting up direct debits. if at any time you find yourself in difficulty, and you will not be able to make a scheduled payment, telephone us and we will reschedule your account without penalty. If, however, you fail in your commitment without good cause or reason the offer will be withdraw. I gope that you seriously consider this and make the right choice. Mike Daniels. Given the endless previous threatening letters always with my address misspelt and no real surety if i live there, that they and scotcall have sent and capquests reputation, this seems a remarkably generous offer, I am also intruiged by the refference to this not being "anything sinister". Any thoughts?