I am not sure if these publications have been accessed or referred to in previous threads regarding this subject matter, nevertheless, I have posted the relevant links below to the OFT website PDF downloads. I hope the links work OK, if not type in the URL into your browser. OFT 664 FINAL DEBT COLLECTION GUIDANCE – UPDATED DECEMBER 2006 http://www.oft.gov.uk/shared_oft/reports/consumer_credit/oft664.pdf CLARIFICATION OF OFT 664 DEBT COLLECTION GUIDANCE http://www.oft.gov.uk/shared_oft/reports/consumer_credit/debtclarification.pdf OFT 880 COMPLIANCE REVIEW OF DEBT COLLECTION GUIDANCE http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft880.pdf GUIDE TO CONSUMER CREDIT LICENSING – NOTE “UNFAIR PRACTICES” http://www.oft.gov.uk/shared_oft/business_leaflets/credit_licences/oft329.pdf Hope this helps. A Well Wisher.

Regards to All

OFT DEBT COLLECTION GUIDANCE I am not sure if these publications have been accessed or referred to in previous threads regarding this subject matter, nevertheless, I have posted the relevant links below to the OFT website PDF downloads. I hope the links work OK, if not type in the URL into your browser. OFT 664 FINAL DEBT COLLECTION GUIDANCE – UPDATED DECEMBER 2006 http://www.oft.gov.uk/shared_oft/reports/consumer_credit/oft664.pdf CLARIFICATION OF OFT 664 DEBT COLLECTION GUIDANCE http://www.oft.gov.uk/shared_oft/reports/consumer_credit/debtclarification.pdf OFT 880 COMPLIANCE REVIEW OF DEBT COLLECTION GUIDANCE http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft880.pdf GUIDE TO CONSUMER CREDIT LICENSING – NOTE “UNFAIR PRACTICES” http://www.oft.gov.uk/shared_oft/business_leaflets/credit_licences/oft329.pdf Hope this helps. A Well Wisher.

FOR THE ATTENTION OF: Zubo , SteveH2508 and others. Please feel free to disseminate any information that I intimate on this site, although I suggest that my understandings and opinions should be corroborated and not relied upon (I apologise for the disclaimer). I should explain that my status places me in a delicate position, however I believe that it is in the interest of Consumer Protection and, indeed, in the wider Public Interest , that I contribute to these discussions as appropriately as I am able to do so within particular confines. A Well Wisher.

It might be helpful if I explain my understanding that the legal authority to cite with regard to the "Prescribed period" for "Giving" the information to a debtor by a creditor as stipulated under ss. 77 (i.e. for a loan), 78 (i.e. for a credit card) or 79 (for hire agreements) of the Consumer Credit Act 1974 (CCA 1974) is: the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 (SI 1983/1569). Regulation 2 of the above stipulates the "Prescribed period" to be "12 working days". For the definition of "Giving", s.189 of the CCA 1974 defines this as: "Deliver or send by post". I suggest that the date of posting is service. For the definition of "Working day", s.189 of the CCA 1974 defines this as: "Any day other than - (a) Saturday or Sunday, (b) Christmas Day or Good Friday, © a bank holiday within the meaning given by section 1 of the Banking and Financial Dealings Act 1971". With regard to a "Copy of the executed agreement"; I understand that the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557) provides at r.3 thus: "General requirements as to form and content of copy documents (1) Subject to the following provisions of these Regulations, every copy of an executed agreement, security instrument or other document referred to in the Act [CCA 1974] and delivered or sent to a debtor, hirer or surety under any provision of the Act shall be a true copy thereof [my emphasis added]". I suggest that any copy of the terms and conditions of a regulated agreement should be legible, although the above Regulations provide for the omission of certain items e.g signatures, dates etc. With regard to an "Offence" for failing to provide the information requested under ss.77, 78 or 79 of the CCA 1974 within "one month" of the termination of "12 working days"; I believe this is a summary offence (triable only in the Magistrates Court) and therefore I understand that generally (some exceptions exist) papers must be laid before the Court within 6 months of the offence being committed - thereafter action being time barred. However, I refer you to s.169 of CCA 1974 which provides for offences committed by Company Officers et al in particular circumstances. With reference to s.40 of the Administration of Justice Act 1970, I understand that Trading Standards can enforce this criminal element if cogent evidence is produced. With reference to "Harassment"; I understand that there are two primary legislative provisions: the Protection from Harassment Act 1977 which I believe created a statutory tort and the later 1997 Act enacted with stalking in mind. However, in the civil case of Marjrowski v Guy's & St Thomas's NHS Trust [2005] EWCA Civ 251 on 16th March 2005 reported at [2005] ICR 977, CA (also at [2005] IRLR 340) it was held that: as a general matter, an employer can be vicariously liable for breach of a statutory duty imposed only on his employee; as a specific matter, if an act of harassment is committed by an employee in the course of his or her employment (in breach of Protection from Harassment Act 1997 s.1 ) then the employer can be vicariously liable to pay the victim damages for any anxiety caused by the harassment and any financial loss resulting from the harassment (under Protection from Harassment Act 1997 s.3 ). I suggest that under the Law of Agency and the doctrine of Vicarious Liability, in addition to the above case, it could be argued that a creditor could be vicariously liable for an act of "harassment" committed by a debt collection company. Those with further interest in these matters should, I suggest, also consult the Malicious Communications Act 1998 and the Enterprise Act 2002 (Part 8 Domestic Infringments) Order 2003 (SI 2003/1593) - for action that may be taken by Trading Standards regarding consumer issues affecting a large number of domestic consumers. Hope this helps. A Well Wisher.

May I suggest that you should consider serving a Section 10 Notice under the Data Protection Act 1998 to "Cease and desist processing information". Furthermore, you could seek redress through the County Court for removal of infomation in particular circumstances under Sections 13 and 14 of the DPA 1998. One further comment; I understand that while a Regulated Credit Agreement may be unenforceable due the the lack of formality under s.61(1)(a) of the CCA 1974 as s.60(1) has not been complied with (your pleading in defence would, I suggest, be this), I do not believe that it follows that there is no liability by the debtor - it is just an unenforcable contract. In these circumstances, you might consider in your pleading (should proceedings be brought against you) to cite that the creditor would need to apply for an Enforcement Order under s.127(3) of the CCA 1974. However, the Court cannot grant this as, I submit, s.127(3) would apply. Hope this helps. A Well Wisher.

It may assist if I opine that I do not understand by which authority pursuing a debtor for an unenforcable debt is a criminal offence, other than perhaps under s.40 of the Administration of Justice Act 1970 thus: The Administration of Justice Act 1970. Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she: (a)harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;(b)falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;©falsely represent themselves to be authorised in some official capacity to claim or enforce payment;(d)utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not. Paragraph (a) above does not apply to anything done by a person which is reasonable (and otherwise legal) for the purpose of : (1)of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or(2)of the enforcement of any liability by legal process. It is also provided that a person may be guilty of an offence under paragraph (a) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.

It may helpful if I suggest that while "FV-1 Inc" might be a trading name of "Morgan Stanley" in the UK and that the ICO Register shows both at the same address (25 Cabot Square), and furthermore while "FV-1 Inc is not an incorported company with Companies House in Cardiff, I understand that the trading name of "FV-1 Inc" should be listed as an authorised name on the Consumer Credit Licence of Morgan Stanley (whatever incorporation title i.e "International Limited"). A search of the Public Register of Consumer Credit Licence holders at the Office of Fair Trading Consumer Credit Licensing Buruea my produce some interesting information. Hope this helps. A Well Wisher.

It may be helpful if I explain my understanding that FV-1 Inc is a trading name of Morgan Stanley of 25 Cabot Square. If you search the ICO Register for "FV-1 Inc" and "Morgan Stanley" you will see the same address. I suspect that HSBC Bank plc (of which I believe Metropolitan Collection Services Limited is a wholly owned subsidiary) as assigned your debt to Morgan Stanley T/A FV-1 Inc. Hope this helps. A Well Wisher.

It may be helpful if I explain my understanding that the 12 days for a Creditor to suply a copy of an executed regulated credit agreement requested by a debtor under s.77 (i.e loan) or s.78 (i.e. credit card) of the Consumer Credit Act 1974 is defined by the Statutory Instrument made under the CCA 1974 which can be cited as: the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 (SI 1983/1569) as "12 working days" which is the "Prescribed period" by virtue of Regulation 2 and of the Schedule. Hope this helps. From a Well Wisher.