Oh my! My neighbour has been round in a right tizzy saying shes going to pay Next the money as this letter has really got to her, it's from Nexts 'legal' department, i will if you really want me to - type it out but the general gist is this: - Still adamant they have provided a true agreement, doesn't have to be signed by anyone - Can't find signed copy - Have enough evidence to prove she had an agreement with the acceptance/payment of goods, asking why if no agreement did she order any items on a credit account - Will still persue the debt They mention quite a few times 'letters available on the internet' and basically frighten and bully the reader, they also harp on and on about data control and Experian and include a letter from the ICO which to be honest goes over my head somewhat, it basically states that info can stay on your credit file for 6 years. Obviously this is Nexts response to the part in her last letter to them asking to remove entries from her file. She says shes not bothered about this but is getting worried and totally losing in faith in me, but hey its her decision if she wants to pay it but was wondering if anyone had any thoughts...? Also for a letter from the 'legal' dept it has enough spelling and grammatical errors and (if i'm totally honest) utter gibberish its embarrasing! This is the last sentence in the letter: I am aware that letters of the nature of the one you have sent us are available on the internet however they do not constitue accurate or sound legal Was Mr Brown drunk when he wrote this? Fruitcakes they are LOL!!! Ched

Okies so Thames have come back to say the debt was defaulted in 2004 so looks like hubby was way out on the statute side of things tsk.... But I know for a fact the entire amount 'owed' will be charges, so will do my reading up on what to do next, haven't claimed anything back since test case, will keep you informed ched

I believe so from what I have heard my neighbour say, she did have a totally fine account with them, was late sending a payment once and they suspended her account entirely saying they had decided she wasn't worthy of having a credit limit anymore, so i can kinda see why shes a bit miffed at them lol! Also she wasn't really aware of the daft APR they charge in her eyes shes said shes paid over and above for the items she's had. Each to their own i guess, i'll advise her of this letter and am sure she'll want to send it ched

Ahh all is well i have a letter to send to them

Fabulous!!! Thanks ever so much I think this is perfect and it will apply to the studio one as well Woohoo and long live CAG

Thanks pt its much appriciated! Got a similar one going on for my hubby with studio, bloody fools the lot of them! LOL! ched

Okies sent this lot a reminder to say they haven't complied with the CCA request on 06/11/07. Heard nothing until 17/12/07 where they have sent a begging letter, also had a card thru from a Mrs someone-or-other asking for hubby to contact her immediately (he threw this one away). Technically they're in default now so I presume hubby can make a complaint to TS??

Yup the fools have sent a totally blank CCA, my neighbour knows for a FACT she got 2 copies, to sign and send 1 back, she binned them. Now they're saying prep for passing to a DCA, they also keep sending her normal statements asking for her payments, actual timescale of what has been sent is below CCA Sent 15/10/07 Reminder to pay Rec'd 22/10/07 Blank CCA Rec'd 02/11/07 Letter sent to advise in default of CCA request 06/11/07 Letter rec'd (stated above) saying they have complied approx 01/12/07 Letter sent (stated abover) advising they haven't sent a true copy of CCA 14/12/07 Anytime between 14/12/07 - 28/12/07 2 statements asking for payment and 2 letters advising the debt is being prepared to be passed to a DCA and potential defaults. TIA

okies will just email a short note to tell em to naff orf cheers guys ched

Sure thing: We write in reply to your recent letter. We appriciate the comments you have raised and we are anxious as you are to resolve this matter in order that we may investigate this further and update our records accordingly, we would be grateful to recieve some additional information from you. Please phone us to speak to our specialist department, as we need to ask you some questions to establish ownership of this account. We need to ascertain any previous address/es where you have resided that may be applicable to our enquiry. As soon as we recieve the information you provide, the account will be investigated and if appropriate your name removed from our database. It is therefore important that you contact us as soon as possible so that we may update our records. We are unable to amend our records without talking to you further. Usual nonsense I've seen before, just can't recall how to throw it back at them, btw i have never and will never ring any such company or give out our number and neither has or will hubby Also hubby is really really sure this is statute barred and again we know for a fact this amount is all going to be made up of charges anyways, thanks for having a look at it for us Cheddar

Hmm have also found this: Dear Sir/Madam You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves. I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name). I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods. Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment. I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question. I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions. I/we look forward to your reply. Yours faithfully any ideas? lol

Have found this so far: Dear Sir/Madam, Your Ref xxxxxx I do not acknowledge any debt to your company. A legal request for my Consumer Credit Agreement (Consumer Credit Act, 1974) was received by xxxxxxx on xx/xx/2007. Until such times as xxxxx are able to comply with this request, the account remains in dispute, is unenforceable and no payments will be forthcoming. Any further attempts to pursue me for payment on a disputed account will be reported to the relevant authorities without further notice. Yours faithfully, Any good? TIA

My neighbour has been away for xmas and has come home to 2 statements from next and 2 letters saying they are preparing the debt to be passed to a debt collection agency and to place a default on her credit file. Shes having kittens over this so have calmed her down, I thought that when a debt was in dispute it was all to be put on hold? I thought there may be a template for such an occourance, can anyone shed any light on this for her?? TIA ched

Okies Thames have now sent a letter saying something about wanting to make sure we're right and to ring them etc etc getting more info from hubby and stuff, will have a look round the site but presume I just tell them to contact lloyds if they want any info and his previous letter still stands?

Thank you ever so much ched

Okay well just had a read around and i know that the 1983 amendment regs don't supercede the 1974 regs, but i'm sort of at a loss how to word it :S Sorry to be a pain...will check back in the morning

Hi all CCA'd these guys for my neighbour who doesn't have a pc, they sent a blank CCA signed by them (shes adamant she never signed one) so she sent back a letter (done by me) basically stating that this was not a true copy of the CCA which must be signed by both parties. They have replied with a letter to say they have complied, here are some excerpts: '...we have supplied you with a true copy of your credit agreement, we are satisfied that this meets our obligations under Section 78 of the Consumer Credit Act. The correct interperatation as to 'copy' requires reference to Section 189 (for definition of copy) and secondly to 180 relating to Consumer Credit, (cancellation notices and copies of document) Regulations 1983, (the Regulations). tbh this makes little or no grammatical sense anyway!! Looking at Section 3(1) if the regulatoins it is very clear that '..every copy of an executed sgreement...shall be a true copy thereof...'. Section 3(2) confirms that a 'true copy' need not include the items listed as sub secionts (a) to (d), as applicable. These two sections confirm that (i) non-statutory information included for the creditors own benefit and (ii) signature boxes need not be included in the true copy. ....it is accepted as a matter of good law thats a 'copy' for the purposes of section 78 need not be an exact copy or photocopy, as long as the true copy provided contains every material provision of the agreement signed.' Okay so yes they are talking out of their behinds I know that but i am not totally sure how to word a repsonse to them, and having been away for a bit, neighbour has now got another statement and also a letter from next saying they are preparing to pass to a DCA and add default onto her file. Any ideas guys? I've had a look around and can't find much :S TIA

Whoo take it back hubby just thought of something and we reckon it is 6+ years...I'll get the SB letter sent off asap Saves having to go down the charges route cos thats simply all it is made up of.

Yeah i'm trying to rack my brains to see if it is Statute Barred but i'm not 100% sure tbh hubby didn't keep any documents....

Well its been 12+1 so I guess I file this one with the others then?? lol! Not heard a peep from them.....

Doing this on behalf of hubby who had a PC phobia lol! Got a letter few days ago regarding an account he had about 5 maybe even 6 years ago....from Thames Credit Amount isn't large and can only be made up of charges applied to the account. So I presume I am right in sending a letter to the DCA saying account in dispute etc And then starting the reclaim process with LTSB? We don't know the account number or anything but the letter from Thames Credit states an agreement number that could be it...anyone know?? TIA

okay im back on the case with this now lol! seems that hubby has got some more debts and they've all cropped up - tut! Anyway will sort those out in time but just to query something Curlyben, in your letter you suggest i send you say they have sent me a sample application form, it appears to be a blank CCA not an application form, shall i amend accordingly? TIA

Wonderful i'll get that sorted as soon as i can and keep the thread updated

I know utter tosh isn't it? But i don't understand if they are going to send me anything else or are waiting for me? I only say this because at the very end it says: We have placed the above mentioned account on hold for 2 weeks to allow time for your response and we await your repayment proposals. odd....

Can't scan sadly but no mention of amendments basically says as follows: Further to your recent request under the CCA 1974 for a copy of your original credit agreement we are writing to confirm that we have passed your request to your client for their urgent attention. Please note that our client advises us that both the OFT and Trading Standars have acknowledged that, as defined by section 78 of the CCA 1974, the supply of an exact copy of an executed credti agreement that would have been signed when the account was opened and, if required, appropriate financial information relating to the account since its inception is sufficient to comply with these requests to provide a copy of the credit agreement (this is the bit that makes zero sense to me, its not even a normal sentence). Our client instructed us to send you such standard copy, please find it enclosed. They then go on about the terms of the account at the time and what he had to pay etc Last paragraph says: Therefore, once you recieve the sample credit agreement, our client advises that you have been supplied with such information necessary to comply with the requirements of the CCA. wtf??? lol!