I thought I'd chart my progress with my creditors - Creation.

I have this debt from an Adams store card (approx £300) which was taken out approx the year 2000.

(In about 2004 got into difficulties, and began with debt management Baines&Ernst, have since ditched them, and do my own - only 2 creditors left).

I was on a monthly agreement of £10 per month with creation, which they agreed to about 12-18 months ago (and interest was frozen).

All was fine until I was 2 days late paying one month, then they started sending letters saying I was behind...blah blah.

I spoke to them on the phone and told them I had paid but was 2 days late.. which they seemed to accept.

Ever since then the monthly statements have changed to include 'interest' mounting to about £4 each month.

I have asked them to freeze the interest and they said no.

Anyway, after some reading on here, I requested a CCA last week (RoyalMail site not showing as delivered )

I sent the letter one week ago, along with the letter from the National debtline site statng I will only communicate in writing.

They continue to call at various times of the day (I don't answer), and today I have had a postcard saying they have been unable to contact me and are getting 'one of our representatives' to call at my address.

I am only willing to communicate in writing.

They have sent a letter saying "I cannot agree that you have been harassed"

They continue to call numerous times a day (I don't answer) before 9am and after 8pm sometimes.

I am now going to wait 12 days for them to provide the CCA, then send the next letter.

Hi there,

Send Creation the harrassment letter below and also keep a log of their calls.

http://www.consumerforums.com/resources/templates-library/52-harassment/135--harassment-by-telephone-response-letter-.html

Only give them 12 + 2 working days to respond to the CCA request.

I have today received the following CCA from Creation.

As far as I am aware it is not a 'proper' CCA.

Is anyone able to confirm this, and where do I go from here?

I think the next step could be this - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html with hopefully this result - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish-3.html#post2119750

Or send this letter recorded - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/174506-hsbc-credit-card-cca.html#post1883522

They have stated "Unfortunately due to a system anomaly, a copy of the signed agreement cannot be retreived"

What does 'system anomaly' mean, and how can I request the Signed one if they already say they cannot retreive it?

What does 'system anomaly' mean,

I think that this probably means "don't have it", rather than "can't tretrieve" it

DCA speak-"system anomaly= oh bu**er":D

What they won't say is that they haven't got your agreement. Using the cpr route, they either have to supply it or say that they haven't got it

In the meantime, an account in dispute letter is in order

Thanks. Could anyone point me in the direction of the 'account in dispute' letter?

I've done a search, but can't seem to find it.

Send them letter 12

The Consumer Forums - Debt collectors

I've sent them this letter -

Dear Sir/Madam

 

I refer to your letter dated (date) in which you confirm that you are unable to comply with my formal request pursuant to s.78(1) of the Consumer Credit Act 1974. However, despite being in default of my request, you have continued to make unlawful demands for payment contrary to s.78(6) of the CCA 1974 and the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I note that the Credit Services Association, in the first paragraph of its Code, state that members must act lawfully at all times. Furthermore, under the CPUTR 2008 failing to comply with a code of conduct to which you have subscribed is unfair trading.

 

In the circumstances, I will not enter into further correspondence with you, and any further unlawful demands or contact will be viewed as harassment and reported to the appropriate enforcement agency.

 

Finally, as you have failed to comply with my request, I require you to return the £1.00 fee without delay.

 

Yours faithfully.

..and I have also received the following letter.

I have received the following letter today.

What does the second half of the letter mean?

They admit that they don't have an agreement nor can they enforce it yet seem to think they can still add interest on something you don't have to pay.

Thanks... so should i be sending another letter, or just ignore them?

Just ignore them, but keep that letter safe in case they try to pass the a/c on.

Stalemate, they cant take you to court but will report to the CRA's with your data unless you possibly take them to court...

Hopefully they'll get tired of it or in desperate need of the money later on down the line or just sit tight for 6 years and it'll drop off your credit report and be statute barred.

S.

That is exactly the same letter that I received with a blank agreement. After starting court proceedings 7 months ago and it being struck out because they did not file their papers on time, they are trying to reinstate proceedings. Make sure you get all your paperwork in order because I am starting to think maybe I haven't done everything correctly.