we had our house repossessed around 2 1/2 years ago and it was subsequently sold for below the market value leaving a shortfall in the region of 25k. We have heard relatively nothing since apart from a few letters. They are now chasing heavily for this including people coming round to the house from a company called Field Call. We took the mortgage out with Future Mortgages who i believe sold out to the company that repossessed (can't remember the name but it started with an 'E' trying to remove all thoughts from my head as the repossession was the last thing after being put on Statutory Sick Pay due to a near Fatal experience). I am now being chased through Field Call for a company called Optima, i dont even know who these are. What steps if any can i take as i am now fully fit again i am back working but i am ready for a fight after what they collectively put my family through. All help appreciated. Hornigoldfamily

Hi Thanks for the replies, This is a slate account which is run through barclays. I do not have a debt management company as i have done this all so far myself using national debt helpline website as a guideline. regards

We have come to some arrangements reference a Debt Management Plan with our creditors. Two have stopped interest and charges to our account now we have been paying this for 6 months however two still remain adding interest and charges. This is totally cocking the management plan up reference timescale as the debts are not reducing as planned. Is there any letter i can send to address this? Regards hornigoldfamily

Further update on this. I have now received a rather pleasently worded letter from a CALDER FINANCIAL who are based in Liverpool the same as mercers. I have sent them a copy of the account in dispute letter asking them to hand this back to barclaycard. Anybody else had any dealings with this CALDER FINANCIAL??? Regards hornigoldfamily

Quick update on this one. It seems that this account has now been passed onto Mercers who i believe are part of Barclaycard???? This outfit are insistant on phoning us up constantly and will not take the hint over the phone this account is in dispute. What can i say to them over the phone??? Regards hornigoldfamily

Just to update on this one. it seems that this has now beenpassed onto Moorcroft who has sent me some rather delightful threatening letters.......(FOOLS DO THEY NOT KNOW THE POWER OF THE CONSUMER FORUMS). I have today sent them the letter stating the account is in dispute and kindly asking them to pass this back to next so the matters can be resolved (Which we know can't as they do not have a CCA). Is it just a game of cat and mouse now with them just sending threatening letters trying to prevoke a response. Where do i stop if anywhere sending letters back? Regards Hornigoldfamily

Can they update my credit file negatively as in one of the letters it states "To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this."

Many Thanks Cerbuerus, Do you suggest me sending this letter to all three i have posted on here BArclaycard, Next and Allied/Lloyds ?????

I sent these the following letter which was recieved by them on the 14th Oct 2009 : Dear Sir/Madam Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply. If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. Furthermore, with regards to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary) I now require all further correspondence from your company to be made in writing only. You are reminded of the following under Consumer Protection from Unfair Trading Regulations 2008. Trading Standards can bring about a prosecution 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 authorized 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. I am of the view that your harassment of me by telephone puts you in breach of the Consumer Protection from Unfair Trading Regulations 2008, and the Protection from Harassment Act 1997. If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine. Further to this if it is your intention to arrange a call from your 'Doorstep Collectors', I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.Be further advised that any further telephone calls from your company will be recorded. Their reply to this letter is attached and dated the 16-10-09 . Not happy with this reply i sent them the following letter ; Re: my request under the Consumer Credit Act 1974 Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974. The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter. My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’. I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law. You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency. To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this. The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me. To which i got the replies again as attached dated the 26-11-09. Any help again would be more than appreciated as this is now starting to strss my whole family out. Barclaycard response (1st) 16-10-09.pdf Barclaycard response (2nd) 16-10-09.pdf Barclaycard response (1st) 26-11-09.pdf Barclaycard response (2nd) 26-11-09.pdf Barclaycard response (3rd) 26-11-09.pdf

I sent these the following letter which was received on the 14-10-2009 : Dear Sir/Madam Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply. If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. Furthermore, with regards to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary) I now require all further correspondence from your company to be made in writing only. You are reminded of the following under Consumer Protection from Unfair Trading Regulations 2008. Trading Standards can bring about a prosecution 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 authorized 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. I am of the view that your harassment of me by telephone puts you in breach of the Consumer Protection from Unfair Trading Regulations 2008, and the Protection from Harassment Act 1997. If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine. Further to this if it is your intention to arrange a call from your 'Doorstep Collectors', I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.Be further advised that any further telephone calls from your company will be recorded. On hearing nothing and after the relevant timescale i proceeded to send the follwoing letter which was received on the 23rd Nov 2009 : Re: my request under the Consumer Credit Act 1974 Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974. The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter. My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’. I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law. You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency. To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this. The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me. I then received the follwoing letter (attached), Any help on this would be truly appreciated as i feel i am getting out of my depth. Regards hornigoldfamily Allied-Lloyds response 25-11-09.pdf

I sent them the following letter recorded delivery which they received on the 14th October 2009 : Dear Sir/Madam Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply. If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. Furthermore, with regards to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary) I now require all further correspondence from your company to be made in writing only. You are reminded of the following under Consumer Protection from Unfair Trading Regulations 2008. Trading Standards can bring about a prosecution 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 authorized 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. I am of the view that your harassment of me by telephone puts you in breach of the Consumer Protection from Unfair Trading Regulations 2008, and the Protection from Harassment Act 1997. If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine. Further to this if it is your intention to arrange a call from your 'Doorstep Collectors', I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.Be further advised that any further telephone calls from your company will be recorded. They then replied back with the attchements dated the 27-10-09 . Not happy with this i then sent them the letter as follows : Re: my request under the Consumer Credit Act 1974 Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974. The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter. My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’. I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law. You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency. To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this. The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me. To which they replied as per the attachements dated the 6-12-09 there is a 6th page but it will only let me upload 5 but this page just carries on the terms and conditions with no signature from us still. Where do i go from here?????? regards hornigoldfamily Next Reply (1st) 27-10-09.pdf Next Reply (2nd) 27-10-09.pdf Next Reply (3rd) 27-10-09.pdf Next Reply (1st) 06-12-09.pdf Next Reply (2nd) 06-12-09.pdf

Do i take it i just carry on ignoring the calls then as these are now coming thick and fast.....any advice would be great

All letters have been sent to relevant parties but the one who has sent nothing through at all has started hassling us by phone now. What do we say to them on the phone or just carry on ignoring it??? Regards hornigoldfamily

I will try and make this as short and concise as possible. Bought a new Peugeot 207 for my wife in 2007 which had been paid every month until i got laid off in January this year. I have kept them fully informed and paid bits where i could. In August i came up with a payment plan with them as i had gained new employment. They suggested that rather than me phone up every month they would just automatically take it from my card if i agreed which i did. I have no internet banking , My bank has gone onto paperless billing and i am juggling money around on a weekly basis as i have a lower paid job. Just found out that what they said has not been done and my contract has now been terminated, I did speak with them on the phone and asked how this could be with no-one giving me a courtesy call?????? They did say that they may accept some sort of payment plan to which i offered a very fair plan as far as i was concerned getting the arrears paid off in 3 months!!!!!!!! Any letters or any advice on this site that i can use????? Waiting by my computer in desperation as my wife has been through enough this year without losing her car. Thanks in advance hornigoldfamily

P.S sorry....should i send all communication recorder delivery???