Hi All, Would love some advice. .Advantis is chasing me for an alleged HMRC debt. Is Advantis obliged to provide me with a letter of assignment from HMRC, like other creditors would provide to DCAs? I've requested a copy of such a letter but Advents is ignoring my requests and just continues to send threatening letters and leave threatening messages on my mobile. Be good to know where I stand on this, what my rights are Many thanks!

Thanks so much for your reply! I believe it is the real deal, just don't know why it needs to be 'served'. I will call the court on Monday and see if they will post it to me directly. thanks again.

I don’t know, this topic might be for another forum or another thread? This all relates to the anonymous post card and the sneakily addressed letter from a creditor (who made sure only the address was showing in the window and not my name). A letter from a 3rd party was sent to my previous address, enclosing a court order to appear in court to be quizzed under oath about my financial circumstances. The order is stamped ‘copy’. The order has never been sent directly to me. The letter detailed a date and time that the signatory would be ‘attending’ the address to serve the order personally. We sat by the door for an hour before and an hour after the appointed time and this person never showed up. Is this common behaviour for a process server? Or is there some kind of hidden agenda here (like claiming I was uncooperative)? Can I just call the court and ask for the order and collect it? The letter says if I fail to attend the above appointment, or any others, application will be made for substituted service ‘in such manner as the court may direct’. What does that mean? The order says I must obey it or be sent to prison for contempt. Why doesn’t the court just send it to me? Seems like they’re making a big deal out of something that should be simple. And should I be preparing to challenge them on their methods (anonymous card, misleadingly addressed letter)? Huge thanks in advance for any help.....

Thanks so much - will let you know how they react when this is mentioned to them!

Hiya, am wondering if the 'anonymous' Urgent post card and the deliberately misleadingly addressed letter are actually unlawful. Or are they in breach of certain regulations? If the latter, which regulations might they be in breach of - it would be good to know as I am about to be forced to engage with these monsters and I'd like to have the facts straight…… Thanks in advance!

Hi All, Today, a card was hand delivered to me at an address I lived at briefly. It is a white card, post card size. There isn't any letterhead or any indication why they are contacting me. It is blank on one side and the other is marked URGENT at the top and 'thank you' at the bottom. The format is: URGENT For the attention of _____ Please contact:_____ On: 0844xxxxxxxxx Date: Time: Delivered to (address with incorrect post code) Thank you I’ve looked up the phone number which leads to a cheesy looking website for some kind of detective agency which specialises in, among other things, ‘surveillance’. Sorry, but am unable to scan and upload the card. From what I’ve described, does this contravene the new regulations? The current resident at this same address also received a letter a few months ago with just the address in the window, no addressee name – until the letter is opened, revealing my name way above the address (presumably to make it look like it was addressed to me should anyone have to scrutinise it?) and as the subject of the letter. It is from lovely Cabot, claiming it is a ‘personal matter’ and asking for my contact details. Again, how does this sit with the new regulations Thanks very much in advance for any help!

bump

would so appreciate any input here….thanks!

ASH Process Servers has sent an ‘appointment’ letter to an address they are convinced I live at (I don’t). They are acting on behalf of Cabot and want to serve an N39 order to attend court for questioning. The letter also says ‘I have attended at your address without meeting you’. They haven’t. What happens next, as I am not at the address the letter has been sent to? Can they bankrupt me in absentia?

Fantastic! Thanks! As to Amex not being nice to deal with .....what an understatement!!

that would be super helpful! thanks! (sorry again for breaking into this thread!)

DD, you are a total star!! Yes, wonder why Amex Uk is so reluctant to reveal their personnel......I have a few theories!!!

I'm so sorry to intrude on your thread (go for it! Amex is the pits) - am desperately trying to find the name of the MD of American Express Europe Ltd. Have spent all morning on the phone to Amex, who refuse to give out his name 'as a matter of policy'. Gee, I wonder why!! So, if anyone can help, i'd be so grateful.....again, sorry to interrupt your excellent thread!

Oh, Post, Really sorry to hear you're back in hospital. Hope you're getting the attention you deserve. I haven't replied to Welcome's 4 page 'Final response' to the letter you drafted for me (in a previous post) - their letter was dated 20/1. Rec'd last week a letter from UK Default Recovery in Glasgow, stating the debt is now £33,845.56. I wrote back, saying the acc't is in dispute with Welcome and to return it to them. Also requested a Notice and Deed of Assignment, if they exist. No reply yet. Today, I sent a CCA request for the original agreement on the original Personal Loan of £4,500 (it mutated into a secured loan for £25,000). In response to my SAR, Welcome sent me a clutch of random docs, not on Welcome letterhead. If the docs are dated, they're all dated 17th Nov 2009, including an unsigned DN that lacks a specific date by which the breach can be remedied (only stating ' within fourteen days'). The other doc they keep sending me is an 'Legal Charge' which has not been properly executed (i.e., it's unwitnessed'). Hence my requests in my letter in post 112. Just not sure if sending it is strategically correct. Am I right in assuming the dodgy DN and unwitnessed Legal Charge are in my favour? The letter also asks why the Welcome info in my CRAs is wrong - and I've previously asked for it to be amended. I was going to send my letter in the absence of a reply to Welcome's 'Final Response'. Thanks for your help.....especially you clearly have other things on your mind! MX

Captain, yes, I agree with this strategy. I've had great success with just wearing them down, too. A lot of them merely disappear. The ones that have issued Claims have always withdrawn them. The retail financial industry is paying for its arrogance and sloppy contracts. If I ran a company like they do......CX

Well, Captain, I guess THAT answers my question! Thank you. Guess what I'll be sending M&S tomorrow??? Huge thanks, it a fabulous letter....will keep you posted, CXX

Captain, thanks for your input. Even if M&S produce a legible copy of the so-called agreement in Court, it is my understanding that it must comply with the CCA 1974. Collect Direct and Rockwell Debt Collection Agency gave up on collecting (presumably because they know the 'agreement' is flawed). I've been dealing with Jayne Ellett and Graham Officer in Customer Relations - why M&S doesn't refer the matter to a legal team that knows the CCA is a mystery to me. I am assuming they will soon make a Claim against me and so it goes.....though I would appreciate some advice about the validity M&S's assertion that they are not lawfully obliged to produce an original or copy of the original agreement. Thanks! Cx

Hi, I'm off another tangent, if that's okay? I've been to-ing and fro-ing with M&S Money on a Personal Reserve Acc't. In response to my CCA request, they sent me a grainy copy of an application and some equally grainy T&Cs. Even tho it's smudgy, I can see enough to think it's unenforceable. After endless correspondence about my 'complaint', I rec'd a letter from the Customer Relations Team, saying they have liaised with their legal department who confirm 'We have provided copies compliant with the Regulation 3(2)(b) of the Consumer Credit (Cancellation Notices and copies of Doucments) regulations 1983. There is no duty under section 78 that the original or a photocopy of the original signed agreement be provided.' Is this correct? Thanks in advance! CX

Hi and thanks for your advice. So sorry if m post was misleading.....my loan and my overdraft were separate accounts. The bank admit they do not have the loan agreement, so that's the end of that. The Overdraft is a different issue - the bank ended it and tried to force me into converting it into a loan, which I could not afford to do. Hence the situation I'm in now!! Again, thanks for your help and sorry that my post was confusing!!

Thank you so much for directing me to your sensational thread. It reads like a thriller!! Though, I have to admit, I wove in and out of grasping the details and don't pretend to have understood it all. It is impressive and complex. And, more to the point, successful! My situation mirrors yours (but I think my numbers are - shockingly - bigger). I CCA'd Natwest in September re a Loan Account and my Overdraft in Feb. They replied that, while they no longer had my Loan Agreement, it was unenforceable but I should keep paying (doh!). I never had a reply re my Overdraft CCA. Tho, I have to say, I have a letter of T&C's (not under the CCA) sent to me the last time the Overdraft was approved. I have rec'd DN ('Notice served under Sections 76(1) and 98(1) of the CCA 1974') dated 12/08 and a 'Termination' ('in compliance with the CCA 1974 because you have failed to make the required payments') which doesn't appear to be dated, tho it lists payments due in 1/09 (Formal Demand) and a HUGE amount of interest. According to my CRA files as of 3 months ago, there is no reference to either one these 'debts' (I will check again). I have a collection of the usual 'we are disappointed' and 'please send us a cheque for the full amount' letters. THEN I get a letter from Incasso Debt Recovery Solicitors ('Thinking Differently About Debt' is their reassuring motto), stating that they will commence legal proceedings in 14 days unless they hear from me. The amount is now about £3,000 more than that on the Termination Notice. I've written back to Natwest, reminding them they are in breach of responding to my CCA request. I've also sent them an SAR. What I haven't done is respond to Incasso - I think maybe i should send them an 'I am bemused as to why this has been sent to you, as it is in dispute with Natwest and has been since....' I had been with the bank for YEARS and always had an Overdraft that I serviced. Suddenly, I was told I had to convert it into a loan I could not afford - as anyone could tell by looking at my account. I am hopeful that I can defend this (obviously impending) Court Claim. Any advice would be hugely appreciated....I've been a litigant in person 3 times (twice I won and one is caught up in the Test Case scenario) and another Claim was withdrawn after I flied my defence. Now, however, I feel I'm out of my league!!! Thanks in advance for any advice (which may include the suggestion to start my own thread?).

Car, I've just glimpsed at your thread.....I know what I'll be reading today! Is it significant that Nat West has not yet put a DN on the account? I've just had a threatening letter and I'm sure a DN can't be far behind! Thanks again! Cx

Thank you, Vint. Will do!

Sorry...this might be going a bit off the current mood of the thread, but is an overdraft ruled by the CCA? I sent a CCA letter to Natwest ages ago re my (large) overdraft, never got a reply. Just rec'd a v nasty letter from Incasso, treating me like Pubic Enemy Number One and threatening legal action. Assume I should send a SAR to Natwest. But, meanwhile, what is the situation re overdrafts and the CCA? The more I read on the site about this,, the more confused i get! Thanks!!

it's post 75 cx

Done