Hi all, I thought the plan was to send them the initial request letter, then to hit them with that one after 12 working days or have I got mixed up. The way i've understood things is that I should clearly tell them that the account is in dispute and then sit back. Hi curlyben, hope you didn't mind us pinching your letter, they say imitation is the highest form of flattery though ha ha.

Yeah he sent it himself and this reply was posted to his home address, i find this one very confusing, unless of course it was because he printed his name and didn't sign it?

Thanks for the quick replys, they've gone past the initial 12 day deadline so we were going to send this... I ACKNOWLEDGE NO DEBT TO YOU OR ANY COMPANY YOU PURPORT TO REPRESENT Dear Sir/Madam Account No ****** With reference to my previous letter dated ******, I wish to draw you attention to your company's lack of compliance with my legal request. On ******* I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference. You received this request on ******You have failed to comply with this request, and as such the account entered default on ****** The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed. Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a compliant credit agreement is a very clear dispute and as such the following applies. * may not demand any payment on the account, nor am I obliged to offer any payment to you. * may not add further interest or any charges to the account. * may not pass the account to a third party. * may not register any information in respect of the account with any credit reference agency. * may not issue a default notice related to the account. Therefore this account has become unenforceable at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets. I would appreciate your due diligence in this matter. I await your rapid response. Yours faithfully Or do you think we should wait and not reply at all?

Thanks for the swift reply, cowboys would seem to be the right word. How should he respond to this letter, is the standard second letter still appropriate?

Hi all, a family member sent off a CCA request to Aktive Kapital and this was the reply. I'm confused as I can't make head nor tail of this letter, and have no clue what its saying. Does anyone more switched on understand it? We acknowledge reciept of your recent communication, the contents of which have been noted. We are now able to advise you as follows. We do not appear to have recieved written authority from the account holder allowing us to deal direct with you. Failure to provide this will result in a delay in us responding to your letter. Non compliance will eventually result in us contacting the account holder direct. Please forward this as soon as possible. On receipt of this we will revert back to you.

Hi, a family member has sent off a CCA request about a debt being held by Cabot, this is the reply he's recieved. Dear Sir Your request for information under the consumer credit agrrement. We acknowledge receipt of your request under sections 77 and/or 78 of the consumer credit act 1974. The Cabot financial group is not obliged to provide this information but we are pleased to help and and have already requested this documentation from the original lender. Cabot financial does not accept the statutory fee required under sections 77 and/or 78 of the consumer credit act and as a result has returned the fee for £1.00 that you have sent. What happens next. We anticipate that we will be able to provide this information within 12 days. In the event we are unlikely to obtain this information in those time limits, we will write to you again. Should he respond with the standard letter or has the fact that cabot has refused to accept the statutory fee alter the way in which he should procede. Any advice would be much appreciated.

Hi, a family member has sent off a CCA request about a debt being held by Thames Credit, this is the reply he's recieved. Dear Sir We refer to your recorded delivery letter regarding the above referenced account. You requested documents citing the Consumer Credit Act 1974. We are not the original creditor. We did not provide you with the original credit facility. We purchased your outstanding debt balance and right to collect that balance. We did nor purchase your actual agreement, consequently we have no obligation to provide you with a copy of that agreement. However as a matter of good practice we have ordered the statements from ********* and ask you to be patient whilst this information is being collated. In the meantine however, unless you are specifically denying that you have knowledge of this debt, or you are specifically denying that you are liable for this debt, there is no good reason why are debt collection activities against you should be suspended. We are the lega; owners of your account and your liability is now to us in respect of repaying the outstanding debt balance that was purchased by this group of companys. For your information the current outstanding balance is £***** Upon receipt, please contact us on the above telephone no within 7 days to discuss the option available for repayment on your account. Should he now send off the standard letter saying the account is in dispute due to lack of compliance with his CCA request or is there a more specific letter that i'm not aware of . Help and advise would be appreciated.

I got £250 through the ombudsman too when Nationwide closed my account. They take for ever but its worth the wait.

Hi, I just rang the courts and they have submitted one, I'll chase it up again if I don't get a copy soon. I did ask why AQs were being done when the case was stayed but she said the courts just want everything in place for once the test case is over. Thanks very much for your help again Elsinore

I did ring when I recieved the AQ and they said I still needed to do it, i'm not sure if Lloyds have done theres though.

Hi, i'm abit confused here, i'm helping someone with their bank charges reclaim, the case was stayed as expected, but I still had to submit an AQ and Lloyds fillled a defence. Is this standard procedure, I assumed once the case had been stayed I would here no more untill after the test case. Any ideas?

Hi Maggiebroom, keep up the good work, subscribing to your thread with interest.

Hi, thanks for the help my friend, not the news I was hoping for but at least I tried. As you said, time to sort out a repayment plan.

Hi Godmother thanks for the info, I would appreciate it if some others could have a look for me too.

Heres the one with MBNA, however they stated in their letter that this was a application form. mbna1.jpg - Image - Photobucket - Video and Image Hosting mbna2.jpg - Image - Photobucket - Video and Image Hosting mbna3.jpg - Image - Photobucket - Video and Image Hosting Sorry that I had to post links but I couldn't upload them for some reason. Any help on wether these agreements are enforcible or not would really help. Many thanks.........Luke

Hi, heres my CCA with welcome Image of welcome 1 - Photobucket - Video and Image Hosting welcome2.jpg - Image - Photobucket - Video and Image Hosting

Hi Paul, i'll get that done ASAP. Thanks Luke

Well the time limit has passed and I have recieved no CCA from Virgin,the second letter is going in the post tommorrow. I did however recieve a CCA from welcome finance but only for my initial loan, we borrowed some more on it later on but the CCA only mentions the original loan amount. Does this mean they can only enforce the original amount?

Cheers, I can't remember the last time i sent a letter normally ha ha

Thanks for the advice everybody, i'll send one more letter to them, and here it is. Dear Mr Parker ACCOUNT NUMBER Further to your letter dated the 12/11/2007 in which you informed me a further gesture of good will of 276.00 has been credited to my Barclaycard Account. With the previous good will gesture of £174.00, this brings my total refund to £450. However I am confused to as why this £450 has been credited to my account when Barclaycard sold this account to Caboot Financial, I can only assume this is an administrative error. I would therefore request that this amount is sent via cheque to the above address within 14 days, otherwise I will have no choice but to commence a claim through the small claims court. Yours Sincerely Any comments would be welcomed......luke

On the LBA I stated that the fees were to be paid to me via cheque not off the debt, however they then paid more of the debt, I rang them to find out why and was told it was standard procedure, I'll write once more to double check but after that I see my only route being to take court action.

It never got that far, they paid back half the charges after the prelim and half after the lba.

Trollstar, wait till you get your final response letter from nationwide or untill 8 weeks have pased since your original complaint then take it to the ombudsman, Nationwide tried to give me the run around, I never even recieved a final responce letter from them.

Anybody have any advice how to proceed on this one?

Quick update, sorry it took so long but as expected Pipex cut me off. I ended up getting a letter from their solicitors basically saying to pay up or they'll take me to court and charge more, I wrote back saying I am quite prepared to pay the amount if they can supply me with a signed agreement or a recording of the telephone call that I alledgelly verbally agreed to a years contract, if they can't then I can only assume such a contract doesn't exist and therfore neither would this debt. I also explained I had previously writtain to Pipex via recorded delivery requesting the same. I added I had not made unreasonable requests and had done my best to keep it out of the court system. Everything has now been put on hold while I assume they search for an agreement, i'll give it a little longer and then complain to OFCOM.