Several years ago I got a CCJ for a debt. This was before I found out about this forum and enforceable agreements, CCAs etc and I've no doubt if I had gone down the CCA route there wouldn't be an enforceable agreement! That's another matter though but as I couldn't afford to pay the CCJ off in full I agreed to pay a small monthly payment and set up a direct debit with the Lewis Group. This direct debit has been running for several years however I checked my online banking last week and noticed a new direct debit set up payable to Robinson Way (The Lewis Group one is still there also). I'd not had any dealings with this company before and certainly never set up a direct debit with them so I cancelled it immediately. I called Robinson Way and established it was for the same CCJ I was paying the Lewis Group for. They said I would have been notified by the Lewis Group of the transfer. I have not received any communication from the Lewis Group or Robinson Way concerning any transfer of ownership. In any case though am I correct to be annoyed that Robinson Way have set up a direct debit from my bank account without my knowledge or consent? Is there also a breach of the data protection act? Robinson Way must've been passed my bank account details from the Lewis Group which I did not give them permission to do, isn't this a bit improper? For any new direct debit wouldn't I have to sign a new direct debit form/agreement? I certainly haven't done that with Robinson Way!

In 2010 Lowell wrote to me demanding repayment of an overdraft from around 2006/2007. I sent a CCA request to them, and they eventually confirmed that they were unable to obtain the credit agreement from the creditor, and that they did not believe the debt was mine and would cease pursuing it, and that there would be no mark on my credit file. I heard nothing further until a week ago, when I got a letter from Lowell, not demanding any payments or anything, but just saying they wanted to 'confirm the information we hold is correct and up to date'. I have moved house since the previous letter in 2010. I did not respond to this letter. Now I have received another letter from red debt collection services (a 'trading style' of Lowell) demanding payment. I am not sure when a default notice was issued on the account or when exactly the account was closed, but nothing was paid in or withdrawn since 2007 at the latest. I think it must therefore be statute barred by now. Am I right in thinking that the CCA request does not count as acknowledgement of the debt? Should I send them a statute barred letter, or would I be better off with an SAR request at this stage? Or even another CCA request? Thanks.

Hi can someone please confirm that a balliff can ONLY call at your house IF you have a court order but have NOT paid it?? DCA I think trying to scare me!! if a court order is granted at say £2 pm and is always paid on time each month then nothing DCA's can do??? or if in repayment plan with DCA but NO court order can they send bailiffs, im sure I read ages ago you can only get balliffs if you've not paid your court order each month many thanks

Hello, hope I am in the right place. I had several loans with the HSBC which I had always paid back in full. Then in December 2007 through family problems I could not pay my credit card and could not keep up with all the bank charges. I did try to sort it out with the bank but they sold it on to a DCA. I paid two payments to the DCA, the last payment was in March 2008. Could someone tell me if this is now statue barred and also could I claim back the PPI on the loans I had before the bank sold my account. I don't want to make waves and open up a hornets nest resulting in being chased by DCA as I have never acknowledged owing and have never replied to them since March 2008. Many thanks for your help

Should correspondence to Creditors and or DCA be sent "Signed for" or "Recorded Delivery"

Hi, Any one here please let me know if I can reclaim all my monthly payments back which I made to DCA which has confirmed they do not have CCA and no Notice of Assignment? I made payments to them as far as March 2003. I am at a stage with them where they are asking me a particular question why did I pay them for all these years? I think they want to establish that since I paid them for all these years hence their action for taking money was legitimate. I am thinking of taking the stance where I would write back to them that it was total mistake on my behalf I paid you for all this time now to resolve this situation you have to pay back all this money. ANy views? Any template letter to recover this money and which clause fo law I can refer to ay refrence? Please respond back ASAP!

I sent letter 3 plus section 10 notice plus intent ofestoppel, got a response from the dca telling me to send £1 to cca requests, for 77/78 request. I suppose I just do nothing for now and wait for the next letters, to issue estoppel? Thanks

Dear all, my income has been declining for many years, and I have struggled with self-assessment tax bills that relate to previous years when I was earning more. I got my accounts for 2012/13 and paid what I could in July (1st payment on account) - but with £500 left outstanding. I thought I might be able to pay 2 or 3 months late - there will be no penalty as I got the return in, and they have stated the interest is 4p a day. But they sent a letter on Aug 28th reminding me to pay. Then on September 10th they sent another letter reminding me, now saying debt collectors might become involved - only 2 weeks after the first reminder. I think I'll have the money in about a month's time. So I'm trying to just let it ride and let them stamp their tiny feet in the meanwhile. Has anyone else managed to fend these people off for a few months?

Normally I wouldnt ask this sort of question but because of the way Lowell do Business and actually buy and own the debts, I think its appropriate. When paying off my Cap One Credit Card... Do I pay Lowell or Cap One? It appears Cap One no longer have the account.

Hello, to cut a very long story short, we had to up sticks and quickly move from the place we were "living" in over 5 years ago (I'd say surviving more than living), unfortunately we did not inform a number of people of this move - including the gas/electric company but we had good reasons to keep our whereabouts to ourselves. Fast forward a few years and a DCA is chasing us for the old gas/electric bills. Fair dues tbh I was expecting it sooner or later and I am willing to pay it off, we are on benefits but we are no freeloaders. We would like to pay in installments and I am composing a short letter to the DCA with my offer. My question is this: can they say "no thanks not enough" or do they have to accept whatever I offer them? I really do not mind if it ends up in county court as I am sure my current offer is more than what a CCJ would enforce but I would sooner not have to bother going down that route. Many thanks

Just received a letter from a DCA claiming ownership of an alleged debt and also in the same letter is another letter from the original creditor claiming to have sold the debt to the DCA, however the letter has obviously been produced at the same place as it has markings from the printer or computer that match identically with the DCA. Also on the DCA letter it states the amount owing etc but next to it it states annual interest 12%. Now forgive me if i'm wrong is that them intending to charge interest on the amount owing?

Good Morning Wonderful Caggers! It has been a couple of years since I last fell foul of a nasty DCA as all your previous help assisted me in removing them! I have something here I would like a little guidance on if possible. I had 2 EGG cards which were transferred over to Barclaycard. These 2 were settled in Sept 2008 and February 2009 respectively, ans show as such on my Equifax Credit Report (but not on Noddle strangely enough). Marlin seem to have just taken this on and are now calling and threatening solicitors etc., etc., To be honest I don't want to be drawn into a war with these idiots, however, what would be your recommended action with this? It shows on one credit report, but not another? Where should I begin? As always, the best of great things to you wonderful people!

Hi , I last posted on the site in 2008 about a credit card debt , l had arranged with the creditor to freeze the account and pay x amount a month in 2006, then without telling me they sold it to a DCA so l paid them as arranged but then ended up in hospital and missed my payments, l was then contacted by another DCA to pay up or else, by this time I'd seen your site on got some good advice and sent off the appropriate templates, ie telephone harrasment and consumer credit act 74 and enclosed £1.00 p/o. They wrote and said they would forward my request to their client and should here from them shortly this was DEC 2008 and have heard nothing from anyone until recently. I recieved a statement from Lloyds recoveries outlining the payments I'd made from 2004 till 17-1-07 and a payment made of £1.00 on the 11/6/08 which I believe was for the request of the credit agreement. Is this debt statute barred ?. I now have had 2 calls left on my answer machine from another DCA asking me to ring back. I have not answered any letters or phone calls to these people yet. After paying off approx £500 the debt is still the same according to Lloyds letter. I hoe someone can advice me on this and thanks for reading.

post in the DEBT COLLECTION INDUSTRY forum dx

All I'll say is ... they're saying that they can come to the house ... are they allowed to make this claim and follow it through? I know my partner has NO obligation to open the door but couldn't this be classed as intimidation tactics? There is no issue with the debt (apart from the fact PayPal screwed up a payment, despite the fact there were enough funds in the account, but hey that's not their fault) I just think this is such a naughty tactic and if it's something that isn't allowed ... I'll tackle them on it.

I made a formal request for a true copy of my CCA to RBS but on various advice I did not sign it. RBS refuse to send it unless the application is signed. They also say that because I have changed address they require copies of Bank Statements, Utilility Bills and copy of Passport with my signature on it, yet they have sent correspondence to my new address and even gave it to four different DCA's. Can they do all this ?. Advice would be appreciated.

Hello - first post but need some advice. I have two old credit card debts with Barclaycard that they have sold on to a DCA. CCA request sent to DCA has come back from Barclaycard via the DCA stating that debts are not enforceable as they cannot provide the information requested. DCA has now issued default notices for both and I have responded to state that a new default cannot be issued for a debt where Barclaycard have already issued defaults (and they have now dropped off after 6 years). I have also stated that they have confirmed the debts are not enforceable and that I have not got any agreement with them. Finally, have checked credit report and Barclaycard have flagged debts as settled. What action can the DCA still take ?

Hi new to the forum and hoping someone could give me some advice on a letter my brother received from 1 st Credit recently First a bit of background my brother had a credit card with citi, the account began in 2003 he ran up some debt on it but paid most of it off, then for reasons unknown to me his debt was sold around 2006-2008 he didnt keep any records unfortunately , as far as he was aware he had paid this debt off but the DCA insisted he still owed money, this went back and fourth for a while (and by that i mean they hounded him). Around two years i agreed to look into it for him i did a bit of research and discovered CCA request. So i put together the letters for him and compiled the letters sent them kept copies and responses kept the post office receipts and downloaded the proof they had been received etc. they sent a series of letters saying they didnt believe they had to produce a copy of the original agreement signed yadda yadda, so they stopped hounding him and i had hoped that was the end of it. But now this weekend they have sent him a letter for the first time in two years, which reads: Dear Mr ####### ########## 1 st Credit ref: ########### Further to our previous letter and your request for a copy of the agreement, we are pleased to provide this information for the above account. As the enclosed Copy of Agreement and in our letter of #### ############ 2011 the Statement of Account have both been supplied our obligation under the Consumer Credit Act 1974 has been fulfilled and the default no longer continues. We look forward to receiving your proposals regarding this matter by return. Yours Sincerely With the letter is whats looks like a credit agreement dated 2003 but was just typed up not a copy of the original and no signature, also another agreement dated 2008 headed citi & bmibaby cards again just typed up and no signature, my brother is puzzled by the bmibaby part as he never had a card from them, also how can one account have two agreements dated different years? Thanks in advance for any help or advice it will be appreciated, would love to know if anyone has experience with this company and this type of letter. Also if possible how my brother should respond (template letters etc.) if at all. Thanks for your time and apologies if this is in the wrong section.

Hi all. Received a letter from Epingham Resolution (DCA) demanding £383 on behalf of wonga.com Thing isnive never had a loan from them. I was rejevted for one about 4 or 5 years aho butnhavmt dealt with them ever since. I have emailed wonga ask8ng weather name and address are the only details needed for the person repayong the loan? When applying for one. But have withheld my details untill i hear back to them. Anyone had experience with these epingham people? Where should i go from here? Oddly eneugh this letter arrived two weeks after i sent a log book away for a new car, dont know if thats relevant though. Any advice appreciated.

Hello all I write this thread in assistance to all who may find themselves in a similar position. I have started to get the dreaded letters and constant phone calls, calls from variously named companies, calls and letters which would and does shake the uninitiated, from a particular company called Lowell Scary - yes they can be - intimidating - yes they can be, however thanks to this wonderful community that is the CAG, help and assistance is always close by, closer than you think! Now, these letters and phone-calls are nothing new, in fact they are exactly the same as this time last year! is this deja vu? Opps - someones slipped up, ITS THE SAME CASE REFERENCE I SMASHED THEM IN FOR LAST YEAR IN COURT!!! With full assistance from these guys and gals right here... So - to re-iterate a little - I have kept the letters, listed times and dates of phone calls, I have time logged time spent so far researching and learning, I am using a time logging program which logs time and date synchronized and would be 100% admissible in a court of law as too its accuracy, I do this because its 18 pounds per hour litigant in person cost, this is the hourly rate paid for your time and effort because we are not lawyers, this is the cost the enemy will have to pay if and when we get to court, so far I have clocked up 7hrs and counting - [time spent reading these forum threads, and various law statutes etc.] Keep reading - I shall update you all regularly because I want them to continue just so anyone else can have a running record of what to do should this happen to you, with the same or similar circumstance......... Also it serves to notify the relevant bodies i.e. OFT OFCOM etc, of the downright foolish and destructible way these people are abusing their industry, intimidating and harassing everyday descent folk just trying to live life as best as they can. hopefully they learn some heartfelt lessons unless, they PLAY THE GAME FAIRLY. Alas until that time, watch this space! The facts are: YOU MUST ABIDE BY THE LAW, BOTH AS CONSUMERS AND ESPECIALLY THE INSTITUTES AND COMPANIES THAT WORK WITHIN THEM - IF NOT, THEN..... Khemist ps search my name in legal success to see my story... Thanks again to all who make up the CAG I would never have sounded so cocky if it were not for your help and treasured knowledge.

Hi all, Hopefully a quick question a dca has bought a credit card debt from 2009/2010 can they legally check my credit file? They have done this 3 times in 3 weeks thanks in advance

Hi Guys and Gals Last year, I hit my creditors with CCA letters and all failed to comply, so I stopped payments to all of them as advised here. today I received a call from another DCA about one of the debts, didn't catch the company name, asking me if I had received their letter about a 10 year old Egg debt. I haven't had one, so just said that I didn't know what he was talking about. My question is, once the letter turns up, do I go through the same CCA process again with these guys? Also, will this go on forever too, changing DCA's and me having to go through the same process until the debt becomes SB or they manage to dig out the credit agreement? One last thing, somehow, they got my phone number at a new address that is ex directory and only a handful of friends and family has?! I asked the guy not to call me again and just write, my creditors have my family address and I go back there every week to collect post. I'm a bit concerned that if they have the number, it will be possible to get the address too. Thanks for your help. Andy

Hi all, I recently got hold of my credit report and was happy to see that it doesn't contain any old debts which are over 6 years old. However, I have a 2 year old mobile phone debt that has been passed to a DCA that I would like to pay off and that is showing on my report. The problem is the same agency is still chasing me for another debt even though I haven't contacted them for over 6 years (maybe 10) but this one does not show on my report. My questions are 1) if i pay the phone debt will they then be able to stick the other debt back on my credit report and / or pursue me for it? 2) will other DCAs also come out of the woodwork sniffing around for some cash? My main point here is that I'd like to get my credit rating back to good or at least normal (I'm less worried about threatening letters since the debt is well over 6 years old). Thank you!

and their solicitor too! The OFT found evidence of misleading and unfair practices in the businesses' operations, including: *sending debt collection letters which misrepresented debtors' legal position *misleading and otherwise inappropriate behaviour by HFO and Roxburghe agents during phone calls to debtors *failing to properly investigate disputed debts *failure to respond appropriately to the concerns of regulators, including the OFT. More info on the OFT decision and the DCA's appeal date can be found here on the OFT website

Hello Any help would be great. We are being taken to court by a DCA for a debt we have no knowledge of. While we did previously have an account with the bank (HSBC), we are no aware of any debt, especially not one of the sum claimed (approx £3,000). We never received a default notice or notice of assignment for sure, we just began getting calls from a DCA. We've sent off a CCA request and heard nothing back. We've also sent off a CPR 31.14 request and two follow up letters. None of these has been acknowledged, and the constant calls have suddenly stopped! We have to file a defence by this Saturday (so am working towards Friday). I am planning to submit a N244 unless order, having read old threads on here. Can someone check this wording please? **An order extending time for service of the Defence, and directing that unless within 14 days of the making of an order upon this application the Claimant complies with a request made by the Defendant on 13th January 2014 pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim or otherwise required for the claim (see the attached letters, A, B, and C), the claim shall stand struck out without further order of the court with the costs of this case to be paid by the Claimant to the Defendant, to be assessed on the standard basis and pursuant to the provisions of the Litigants in Person (Costs and Expenses Act) 1975. In the event that the Claimant shall comply with this order, the Defendant shall file and serve a Defence within a further 14 days. ** I didn't know how to put in specific dates as I don't know when the order will be made. I didn't spell out the documents requested in the 31.14 request as I didn't have much space in the box on the form and it then becomes very wordy. Many thanks