I will get a CCA and CPR request off in the morning. Should it be to Lowells or Bryan Carter who issued the claim?

Thank you. I will acknowledge now and tick I will be defending all of the claim.

Thank you Andyorch. What is the claim for – This is what it says on the claim form This claim is for 377.92 the amount due under an agreement between the original creditor and the defendant to provide finance and / or services / goods. The debt was assigned to / purchased by Lowell portfolio 1 Ltd. on 27/ 02/2009. And notice served pursuant to the law of property Act 1925. Particulars / shop direct and an account number. They also claim 8% statutory interest pursuant to s 69 of county court Act. . What is the value of the claim? £377.92 Is the claim for a current or credit/loan account or mobile phone account? catalogue account When did you enter into the original agreement before or after 2007? Not my son's agreement he never had an account with any catalogue company. Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Lowell Portfolio 1 purchased the debt on 27/02/09. Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments:- Never made any payments Was there a dispute with the original creditor that remains unresolved? Yes, we got letters from shop direct, contacted them told them we had no account, received no goods from them. They ignored us so we sent a CCA request for a copy so we could see the signature, we also requested statements and proof of delivery slips for any items they said they were claiming for. They never responded. So I wrote again stating not our account and it is in dispute, and their lack of CCA. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No other than the above mentioned letters.

My son received court papers today that state: This claim is for 377.92 the amount due under an agreement between the original creditor and the defendant to provide finance and / or services / goods. The debt was assigned to / purchased by Lowell portfolio 1 Ltd. on 27/ 02/2009. And notice served pursuant to the law of property Act 1925. Particulars / shop direct and an account number. They also claim 8% interest. A few years ago we were receiving letters from shop direct, we told them they have the wrong person. No one has ever had a mail order catalogue in this house. Eventually after them ignoring the issue of the wrong account we sent a CCA request which they totally ignored. We heard no more except one or two letters from Lowell during the last few years which we ignored as the account was in dispute with the original creditor for not supplying a CCA. I intend fully defending the claim but could use some help as this account is fraudulent. Looking at the date of purchase feb 2009 and the previous time we were dealing with shop direct this fraudulent account would also appear to be statute barred.

I do not know if he told them. But, it is impossible to sit with him and talk to him and not be aware there is a problem. Even the police saw this when they picked him up, and they classed him as a vulnerable adult. hence, he had to have me present before they could interview him about the attack on him.

No, he used to have one but refused to let her in (part of his illness and psychosis) he is under the hospital's mental health team.

I need some advice about provident. I discovered a family member with mental health problems, who is under a psychiatrist and on anti psychotic medication has been having loans with this company. Basically he had a few small loans. When a loan came close to being paid off he was given another, with the balance of the previous loan deducted from the cash he was given. Two weeks after he was the victim of an armed robbery, and could not even be interviewed by the police without an appropriate adult being present, Prov gave him a £1000 loan. He asked them for it after he got a letter from them telling him he was eligible for a larger loan. He gets £230 a fortnight and is paying them £70 a fortnight. he cannot afford these payments and is missing payments on his priority bills. You can clearly see he has problems, so can I write to Prov and tell them that their actions in giving this loan were unacceptable, and that it is irresponsible lending on their part? Should he continue to pay this loan? Should I inform his psychiatrist because the worry is affecting him? they are due to call tomorrow for payment and he is stressed and worried sick about what will happen if he does not pay.

Well after emailing Toothfairy a copy of the OFT complaint that I made on my friends behalf, and a formal complaint about the CPA matter. I have had a result. I supplied them with a basic income and expenditure breakdown, and showed that all she has left is £1 per week. Which is true thanks to the bedroom tax. I received a reply accepting £1 a month, no interest or late fees, just the original amount borrowed and one months interest. Plus they supplied their bank details for a standing order or direct payment on the first request. I also received a response from the OFT about the CPA issue and they wish to interview my friend and take a witness statement. All in all a great result I think.

Great stuff. Now I am fully prepared to respond to them. Tx again.

Thank you. I now have something to hit them with in my reply. Should she provide them with evidence of a change in her income such as a letter or payslip as they request?

Thank you. Now because they have threatened to reinstate it, despite knowing permission has been withdraw. Does my friend have a valid complaint against the company to take to the authorities?

A friend has got into problems with Toothfairy Finance. They are unable to meet their repayment in a few days time. I sent an email to Toothfairy via their contact form on their website on my friends behalf. The email was to request a suitable repayment plan and to inform them that my friend was revoking any right previously given to use a CPA on their debit card. My friend has also cancelled this CPA with her bank this morning. However, my friend has just received an email from Toothfairy asking for evidence of her income such as a pay slip. They also acknowledged that she had requested they cancel the CPA. Toothfairy have said they will not use the CPA for a reasonable amount of time. However, they then state that should a payment not be received or a plan set up to pay off the loan that they will reinstate the CPA without further notice, and attempt to take repayments. ( she did not request they cancel the CPA, she instructed them not to use it, and that she revoked any previous permission for them to use it). Are they allowed to reinstate a CPA once she has notified them she has revoked their right to do so, and she has cancelled it with the bank?

Thank you both, I will certainly be taking Brigadier's advice.

On Thursday evening my elderly mother received a call from SWALEC regarding £35 she owed on an old account. She had an arrangement to pay £5 per month, but due to a serious life threatening medical condition and a period of recovery she missed two payments. The male caller told her that her payment card had been cancelled and could not be reinstated. He then told her she should pay the balance by debit card. He was told that she has no debit card or bank account so this was not possible. He then insisted she had to pay by direct debit, he was told several times she had no bank account. He then insisted she ask her daughter (me) to set up a direct debit on my bank account and he gave her a number to ring back once she had asked me. My mother informed him that she already knew I would say no to this, but he insisted several times. She told him she had to go and get a pen to write down the number, then he said oh F ****** hell. He was arrogant, blunt, and unproffessional throughout the call. My mother was extremely upset by this call. She did lose her temper and swear back at him, then rang me in a distressed state. Due to her serious medical conditions one being heart failure, she has to avoid any stress and upset. Yesterday I rang SWALEC to lodge a formal complaint. They traced and listened to the call, and agreed it was not acceptable. They informed me that the person who made the call would now face disciplinary action which could be dismissal or retraining. However, there was no offer of any compensation for the upset he caused. So anyone in a position where you receive abusive calls from any utility company do not hesitate to make an immediate complaint.

Thank you Amanda. I have received your email. I will be printing it out and going to my mum's today to talk to her about it. I will email you back asap.

Thank you Amanda. I will get her details together to PM you. I believe the problem is that they have been billing her as if she had an imperial meter when she has a metric one. I went through her bills today most show 4 digit readings which is imperial. Whereas her last bill shows 5 digits which is metric. The guy on the phone originally told me they had done an imperial to metric conversion, then after speaking with a supervisor retracted this statement. Obviously even when this matter does get rectified I will still have to take matters up with the complaints bodies due to the nightmare my mother has been through the last two years. After these distressing phone calls of the last few days, and EON constantly saying there is no error the bills stand and she must pay now, today she has a flare up of her rheumatica, and symptoms of her temporal arteritis. I am very worried as the arteritis can cause a stroke or brain haemorrhage. She she has been at the hospital several times in the last few weeks with this. Neither of us need this stress right now. I have requested copies of all her bills from day one with Eon.

Threatening phone calls still being received despite being told during several conversations during the last few days that the account is in dispute.

Ah got you, so January would be three months after the date given to remedy the default. Making it within the 6 months. I thought if you did not remedy the situation by the final date on the notice you would be defaulted from that date.

Thank You Amanda, I will follow your advice. The issue with the bills is not for the final bill it is with all bills from day one until she changed supplier. EON are now demanding £2000 in total for the final bill. A solicitor and a tenant support worker from the local authority has been in touch with EON about the complaint, so how it cannot be logged I do not know. These issues have been ongoing for too long now, and my mothers health is suffering from the stress and worry.

Thank you

My mother had her gas supply with EON. Her quarterly bills were between £500-£700 for a 2 bedroomed property. The only gas appliance in the house is a combi boiler which runs the radiators and hot water. She has no gas fire or cooker. The combi is less than 2 years old and has been checked by the local authority who owns the property. Her bill is now almost £2000 and after they failed to accept there is a problem somewhere and she cannot be using this much gas, I managed to get her switched to a new supplier a few weeks ago. However EON are now having their debt dept ringing her about making payment on the account. Two nights ago she got a call just before 9pm, she was in bed. She suffers from polymyalgia rheumatica and temporal arteritis, a serious medical condition that has left her almost permanently blind. She almost fell down the stairs trying to get to the phone. I have spent all morning on the phone trying to resolve matters, but they still insist the bills are correct and that she has used this amount of gas. Well I disagree. So do I contact Ofgem or the ombudsman services to make a complaint. It is quite obvious Eon are not going to find out what the problem is, in fact they are not interested in anything other than getting the money. It is disgusting how she has been treated and I want to make major complaints about this. Any advice please.

I have sent a letter to Ace with a copy of the original default notice to prove the date of default. I have not taken up the matter of the charges yet. My sister wrote to them in 2006 requesting a copy of her CCA as they had applied so many charges. They responded that they did not have a CCA for her account. My sister then made an offer to clear the balance she did actually owe, on the condition they first removed all charges, they refused and got quite stroppy, so she told them to go take a hike they would get nothing if this was their attitude. She has not acknowledged the debt in any way since March 2006 so it is now SB. She just wants the default date corrected.

My sister had an account with Ace catalogue, she received a default notice dated 23/09/06 she was given until the 07/10/06 to comply with the notice. However upon checking both Equifax and Experian both CRA's have the default date listed as 28/01/07. Surely this is incorrect ? And the default date should be 07/10/06. The default balance is also made up of many administration charges of £20 each, so can she go to the ICO as the balance is incorrect also? and Ace refused to refund them after several requests.

Yes I have the letter from Barclays regarding default removal. I will be sending copies to Cabot and the CRA's. I know Cabot have reinstated the same default under their name, as it is the same date as the Barclays default and for the same amount. Barclays removed this default in late 2008. I have printouts of my CRA files from 2008 showing the default and then later printouts where the default is no longer present.

I thought this was not allowed but before giving them the what for, I wanted to be sure. What about Barclays here ? they have sold on an account that they knew was in dispute, is this also not allowed ? The credit reference agencies will just say they are contacting Cabot and refuse to remove it. Cabot will come back it is correct. So what is the quickest and easiest way of dealing with it?