Update time! Yesterday was Barclays' deadline for entering a defence. I rang the Court at lunchtime and the nice lady confirmed that nothing had turned up. So I shot down there and gave them my Request For Judgement. Oh yes, I would like the defendant to be ordered to pay immediately, please I think we may have a result here! :D:D Edit: I've just noticed on some other threads that they're entering their defence late but some courts are allowing it. Oh. Fingers crossed, then....

Fantastic! I wish you every success in your new venture

You'll find that here: House of Lords - Wilson and others v. Secretary of State for Trade and Industry (Appellant) I've got some new reading material for tommorow!

While tooth_fairy's letter is good, I personally wouldn't be helping the DCAs out in the slightest. It's up to them to prove they're chasing the right person, not the other way round. I'd just put any letters back in the post, marked "not known at this address", until they got bored. On the other hand I can imagine it's distressing if baliffs or doorsteppers are calling, but again the onus is on them to ensure they're chasing the right person.

I'd been paying a DCA for a few years because, like a fool, I gave in to their threatening tactics and pseudo-legal mumbo-jumbo. Now with the benefit of hindsight and the wonderful advice of CAG I've learned that they never had a remotely valid Agreement, and the debt is unenforceable. Naturally I've stopped paying them, it was little more than a token sum but I'm on incapacity benefit and need all the money I can get! But over the years they've had a tidy old sum off of me, without any proof that a debt exists. If you were in that situation, and I know that many here are, would you go after them for your money back? Has anybody tried this and had success? There's a reason why I'm asking, and I'll explain all when the DCA gets round to answering the various letters I've sent them.

Hi, Long story short I joined a gym in 2004 but then became incapacitated in 2005 and had to cancel my membership. This was allowed for in their T&Cs, so I wrote to the company who administers their payments (Ashborne Managemant) enclosing a doctor's letter and proof that I was receiving Incapacity Benefit. Over the next year I received the same template letter over and over saying that I owed them £285. I replied every time with a copy of my evidence, and challenged them to take me to court if they genuinely belived there was a debt. I'd never signed a Credit Agreement but in November 2006 I sent them a CCA request anyway, which seemed to make them back off. However I recently discovered that they'd entered a Default on my credit file in May '05 - how dare they! I wrote requesting its removal, then when I heard nothing I sent them a Data Subject Notice requiring them to cease processing my data and to retract inaccurate data from third parties. I heard nothing despite them having a 21 day statutory period in which to reply, so sent them a Letter Before Action giving them 14 days to comply or go to Court. Now their 14 days are almost up and I'm preparing my N1, and this is where you come in, dear reader. Below is what I've come up with so far, and I'd value your comments or suggestions: Brief details of claim: Breach of Section 10 of the Data Protection Act 1988 (the Right to prevent processing likely to cause damage or distress). Value: ?????? Particulars of claim: 1) The Claimant was a former client of the Defendant, having joined their client’s gymnasium in or around 2004. 2) The terms of membership allowed for cancellation on several grounds, including medical incapacity. After a lengthy spell in hospital in 2005 the Claimant wrote to cancel membership and supported this with a doctor’s letter and evidence that the Claimant was receiving Incapacity Benefit. 3) The Defendant entered a default on the Claimant’s credit file on or around 4th May 2005, despite the Claimant repeatedly disproving the Defendant’s claim that a debt existed. 4) On 5th March 2007 the Claimant sent to the Defendant a Data Subject Notice under Section 10 of the Data Protection Act 2007, requesting that the Defendant cease processing his data and that the Defendant contact third parties to whom they had disclosed such data and retract it. 5) Despite two further letters the Claimant has had no reply from the Defendant and therefore Section 10 of the Data Protection Act 1988 has been breached. 6) Accordingly the Claimant claims: a) That the Defendant should comply with Section 10 of the Data Protection Act 1988 and cease process the Claimant’s data on the grounds that to do so would cause or is likely to cause unwarranted damage or distress b) That under Section 14 subsection 1 of the Data Protection Act 1988 the Court may order the Defendant to rectify, block, erase or destroy the data which is inaccurate. c) That under Section 14 subsection 3 of the Data Protection Act 1988 the Court may order the Defendant to notify third parties to whom the data have been disclosed of the rectification, erasure or destruction. d) Any compensation which the Court deems fit and proper under Section 13 of the Data Protection Act 1988. e) Court costs I believe that the contents of these particulars of claim are true.

You have a PM

I've knocked this up as a template for a full S.A.R - (Subject Access Request) on a CRA, any suggestions or comments: Mr Data SUBJECT 123 My Road My Town My County MY1 1XX Today 2007 The Data Controller That Credit Agency Their Address That Town AB1 2YZ By recorded delivery, reference XX 1234 5678 9GB Dear Sir or Madam, Subject Access Request Under the Data Protection Act I am requesting a copy of all the data you hold about me, including but not limited to: Details of the identity of any individuals or organisations who have provided you with my personal information together with copies of any letters of instruction provided by them, or any contracts entered into between yourselves and the third party, and the relevant dates to which those contracts related. Full details of any persons or organisations to whom you have disclosed my data; along with copies of any documents upon which you relied when you have provided my data to them. All data which may be relied upon for automatic decision taking. An up-to-date copy of my credit file. Copies of all communication between us by email or letter, as well as details of all telephone conversations between us. Full copies of any correspondence in postal, email or any other format which you have entered into with any individual, organisation or third party which contains my personal or financial information, or which pertains to myself. Copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information. A detailed explanation of any abbreviations or terminology used in your enclosures. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable I enclose cheque number xxxxxx / Postal Order number xxxxxxxxx for the statutory maximum fee of £10 and remind you that you have 40 days in which to comply. Yours faithfully, Mr Data Subject

Take a look at their nice slick website with all their fluffy customer pledges and quotes of the day. Then have a read of this thread to see how they really treat their customers: http://www.consumeractiongroup.co.uk/forum/general-debt/74305-ruthbridge-ltd.html

Shall we count how many OFT guidelines they've broken?! Did you send them the CCA request? If so, you've put the debt into dispute and they should not be taking any collection action. That notwithstanding, they're a debt collector, not a baliff. They've got absolutely no more right of entry than a double-glazing salesman. The fact that they're trying to make you believe otherwise is shocking and should be reported to the OFT. Sending cards addressed "to the occupier" is a breach of best practice, as is not making it clear who it was from. They're talking absolute and from what I can see succeeding in making you frightened. You're stronger than that, and the fact that you're here asking questions shows you won't be bullied. You should search for the Harrassment template letters and have nothing more to do with them until such time as they respond to your CCA request - and even then only if they have complied properly. Please keep posting if you need any support in dealing with these jokers.

The three most important things to remember: 1) Do not admit to the alleged debt 2) Do not make any payments towards it 3) Keep everything in writing From what you've posted it's almost certainly Statute Barred, and there's a template letter somewhere telling the DCA to back off. The DCA is just trying their luck, and fortunately you're more clever than them. Which DCA is it, as a matter of interest?

If (and it's a big IF) they have a valid copy of your agreement, then the debt is enforceable. However they must still have gone through the correct procedure for issuing a default. There's a good thread here about defaults: http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html

The CCA template is letter N in this link: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html Make sure you include I do not acknowledge any debt somewhere in the letter, and send it Recorded with your £1. I personally also include "Please find enclosed cheque number xxxxxx for £1 in respect of the Statutory fee. Under no circumstances should this be put towards any alleged debt. Should you be unable to supply the required documents then you must return this fee."

What exactly did Ruthbridge threaten you with? Was it in the form of a letter or phone call? They're debt collectors, and have as much legal power as the guy who puts takeaway menus through your letterbox. If they've misrepresented themselves, implying they have powers which they clearly don't, that's a big breach of OFT guidelines and should be reported. In the highly unlikely event that they do turn up, as tomterm8 says don't accept anything from them, and politely but firmly ask them to leave - through a letterbox or window if needbe. Also keep in mind that if they act in a way likely to cause embarrassment (eg talking to your neighbours) that's also a big no-no!

Spurred on my claim against Barclays, my other half is now well on her way to reclaiming her charges from Capital One. I'm doing much of the legwork for her and, to tell the truth, rather enjoying it. Here's the story so far: 17 Feb: Sent request for charges and £10 cheque 19 Mar: Received statments and supporting documentation 22 Mar: Sent first request for £264 + interest, total £275.37 04 Apr: Received "goodwill gesture" of £48 12 Apr: Sent LBA 20 Apr: Received "we're looking into it" letter 25 Apr: Received final response, basically saying get lost 02 May: Filed MCOL What annoys me is the arrogant way Cap One seem to think they're above reproach, using phrases like "The OFT haven't told us that we're obliged to refund fees", and "I look forward to putting this behind us to save the court's valuable time"! No look, pal, it's YOU who are wasting the court's time by refusing to pay up when you know damned well your charges are unlawful Hey ho, if they want to play hardball... see you in court Capital One

I know from my SAR that Link searched the property register and made a note that I was renting, so that theory wouldn't surprise me in the slightest.

There are a couple of threads below which may be of interest http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/56373-bankruptcy-claiming-back-charges.html http://www.consumeractiongroup.co.uk/forum/general/27718-bankruptcy-claiming-back-charges.html

Scotcall did this to me, and I've included it in my complain to Trading Standards. Link Financial have also pocketed £1 for sending me an application form, not an agreement. They're probably still reading the complain letter and LBA I've sent them, it was a tad wordy, so I don't expect a reply anytime soon. As you say, it's only a quid, but it's the principal.

It might be worth also sending a SAR to Barclaycard. You say the debt was "about" five years ago, if it's six or more it could be Statute Barred. Plus if it's made up of unauthorised charges you should be claiming those back, have a look in the Bank Charges section for more details. To echo what Sve says, keep all your dealings with Cabot in writing and make sure every letter includes the line I do not acknowledge any debt to your company.

I can't see any reason why the two claims shouldn't be on the same form. Have you sent a Letter Before Action yet? If not, send one stating exactly what data you require from them, and that you require a glossary of unintelligible terms and abbreviations. You DO NOT have to pay another fee, their original response was totally unsatisfactory. Give them 14 days to comply, and in addition to either refund their charges or to fully disclosed how their charges were calculated; otherwise start filling in that N1

Theoretically you should keep paying them until the 12 working days are up and they are in default. Even though they have no legal powers, they can still start proceedings to recover the debt, although this would rely on them having the correct documentation and the legal authority to be collecting the money. If you don't receive a valid Agreement in the next couple of weeks it's probably safe to assume they don't have one. Probably....

If you made a formal request under the CCA, and supplied the correct fee (£1) then the debt is in dispute until they provide the Agreement and therefore they should not be phoning you. Do you have proof that they received your request (Recorded Delivery POD, or evidence the cheque was cashed)? If so there's a template letter kicking about somewhere which reminds them of their obligations. You should also be reporting them to Trading Standards and the OFT as they have committed an offence

Always good to hear of a result like that!

This could be very interesting....

Their "8 week" timeframe and their denial that non-compliance would be an offence