Hi Papasmurf, thanks for replying, now I am confused as the letter which was dated 12 may said it had to be paid by 12 may which is of course impossible as a) the letter was not posted to me until 13 may and b) i had no reference number to refer to until I got the ticket. As to my job, lets just say that if I get a criminal conviction (which I believe would happen if I ended up at court for not paying this if I have to pay it legally) then in my job that conviction could (yes I have changed the wording) cost me my job if they decided it was gross misconduct, though it appears it may only go down as misconduct.................therefore blackmarking me and stopping me applying for certain roles within my job and having to declare it forever more!Am thinking of just phoning the local council up and posing a hypothetical question to them to see if I can eliicit when the 14 days starts! Lets just see what answer that throws up! If it is from date of receipt of letter it would be better as I will have been paid by then and can afford the bloomin fine!Now wheres me ciggies.............................lolThanks:-) NB the relevant law appears to say that the fourteen days commences from date of issue of ticket as nothing can be done legally to take me to court etc until the 14 days have passed? or at least that is how I interpret the law.....................

anyone help on this...............................

Hi, not sure it I am on the right board, but hopefully this will be a quick and painless question. I was stopped on 28 April 2011 by a council enforcement officer for discarding a cigarette butt on the pavement and walking away. He checked my details out by phone having seen my work ID which clearly identifed me, and due to circumstances of where I was stopped and being at work at the time, he stated he would send by FPN for littering in the post. I had no problem with this as I had dropped the cig butt and was big enough to accept the fine. HOWEVER, I have today come home to find the notice and the accompanying letter. Now the date of offence was 28 April and by my reckoning the 14 days to pay expired on 12 May otherwise I could be taken to court! Now the FPN is dated 28/4, the letter with it is dated 12/5 (the fourteenth day) and the letter and FPN were posted from th council offices on 13/5 (day 15) 2nd class post and recieved by me today 16/5 (day 18). The biggest thing is the last line of the letter saying if I pay by 12/5 (14 days from date of issue) this will indicate my intentions (i.e. I have paid it without the prospect of court appearence)......................how the hell do I pay within the allowed 14 days (as shown on the FPN) if the letter sent to me is dated 12/5 enclosing the FPN dated 28/4, and the letter is not posted til day 15 and recieved by me on day 18? is the council out of time or is this a case of pay up regardless. Unforntunately I cannot risk a court appearence due to the work I do as this will be a criminal offence that could cost me my job, BUT if I do not have to pay due to the councils error, then I can keep the fine money of £75........................I might even put this towards giving up smoking! If anyone can advise I would be grateful Cheers

Hi Sorry forgot to add that the letter from the DCA asking for payment despite the fact that we are waiting on a response from the OC to the SAR is headed "LEGAL NOTIFICATION" and then goes on to say despite repeated requests blah de blah for payment it remains outstanding (no kidding sherlock) Accordingly documents can now be prepared for the issue of a claim against you in your local court, once judgement or decree has been granted the following can take place................it then goes on to say costs etc and interest can be added (lets just make the situation ten times worse while we are at it why dont we), name entered in the court records (probably there already with all the other debts) credit worthiness being affected (it cant get any worse!) and then if there is still non payment - attachment of earnings (they obviously want the whole £3 spare), seizure of assets (well a ten yr old tv and a held together with sticky tape PS1 (kids) is going to pay the debt I dont think) so call us NOW to make immediate payment. Are these guys for real FFS. You cannot get any lower than the place my daughter is in and if they want the spare £3 she has each month then take it, it means the other two outstanding debts that are non priority will get zilch. Sorry for the rant but am worried about the prospect of them doing the court thing whilst we wait on the OC answering the SAR - believe there is no time limit on that? Advice as to how to respond to DCA??

Hi Babybear sorry its been a while since I got back to you,sent the SAR to the OC but still being hounded by DCA? Also 2nd mobile phone debt Moorcroft have sent a letter back with the p.o. attached saying - and I quote - "Please note certain accounts are excluded from compliance with Part V of he CCA or are not in fact credit or hire agreements and WE BELIEVE that our client's account falls into one of these categories" Now if they dont actually know does this mean she can tell them to take a running jump? And for the record the 12+2 days was up on 19 Nov however their letter is dated 10 Nov recieved today, now I know 2nd class post can be slow but come on 1 day short of two weeks to get here!! So basically what do we tell the DCA that is hounding her whilst she waits on the OC responding to the SAR? What does she do about Moorcrofts response. FYI - She has spoken to CCCS and guess what after all priority bills (incl arrears) food and rent is paid she has the grand sum of £3 a month spare!!!!!!!!!!! Love to know how she is supposed to pay off the £2k non priority debts she has! Blood from a stone and all that I look forward to your guidance etc once again

Baby bear, what if the account is not in dispute but is actually owed but due to head burying in sand, has never been paid? surely the SAR would have to go to the DCA? This is my daughters debt (which I found amongst several others) and is one of two she has with O2! Are you saying it should to to O2? Also as the p.o. sent to the DCA was returned I take it she cannot get this money back by cashing the p.o (its crossed and payable to the DCA)(hey I know its only £1 but £1 is £1 after all when you aint got anything!) Cheers

Hi bh486, I too was looking for what letter to send them and having read several posts on here it appears as you say that a mobile contract is not covered by CCA and guess what I sent a CCA letter off to one particular DCA and have this morning got my postal order and a letter back saying just this. It appears that an SAR needs to be done so off to the post office to get another £9 worth of postal order to send with the SAR letter. Problem will then arise if they do not respond to this.................where do I go then??????? I hope that others on here will answer that SAR is the next move as that is how I read the advice??

Thanks Erika I did think they were dragging their heels, am gonna read up on the reg you mention then hotfoot it to the local office where no doubt we will sit for over an hour as usual to be seen!

Hi, I am posting this on behalf of my daughter and will keep it short and to the point. New owner taken over the shop she works in and hours have been cut from 40 - 24hrs a week, therefore she had to reapply for housing ben and c/tax ben due to cut in wages. this was in june 2010 and it has still not been sorted despite letter showing changes in hours sent in, new contract sent in and wage slips sent in. Is there an obligation on local authorities to sort this out sooner rather than later? Can the benefit be backdated? With Xmas approaching every penny counts as she is now living hand to mouth trying to keep up with paying her rent and c/t etc etc and is now sinking! Your thoughts appreciated as fed up banging head off a brick wall!

Hi, Sorry for delay, laptop problems, thanks for the answer and will be doing just that, funnily enough they seem to have taken the hint as the phone calls have ceased tho not trusting them cos no doubt they will find another number to call from, hurrah for caller display!

Evening good people I posted recently that I sent a CCA to IJ for a debt I had been paying off slowly but surely, but obviously not quick enough for them as they kept hassling me by phone despite being told not to, so as recommended I sent the CCA to them and yes, you guessed it, no response so sent the Acct in dispute letter.........................heard nothing until recently when I started to get calls from Apex Credit Management. First of all I was 'who the heck are you' and was told we wrote to you..............well actually you didn't or if you did I have never received any communications!! Well what a rude obnoxious bunch Apex are.............from the reading between the lines....miss **** you are a liar, to the downright sniggering in disbelief that I had not received mail from them...............well it took all my willpower to stop myself from brining myself down to their level and yelling down the phone at them. To cut it short, finally got them to divulge a prev address I lived at (i refused to answer any q's for them) and then realised that they were trying to collect the IJ debt............wtf............surely what is happening is wrong/illegal. How can IJ re-assign/sell a debt that is in dispute????????? Anyway, told Apex to bog off and remove my number and go back under their stone as acct in dispute. What now is my next step, who do I fire off a letter to now, I have told Apex that if they continue to hassle me by phone I will report them for harassment. Please send me your views/answers, I dont want to have to start the merry-go-round again if it can be helped. Cheers peeps Hev x ;-)

Hi Debt4Get and Mr Worried, Thanks for your swift replies and I will most certainly send them the letter you suggested. Do I send it to the OC as that is who sent me the letter/junk I received? I am desperately trying to borrow a friends scanner so I can upload the stuff they sent as I really do want to be sure what I have received is what I have written about in my long winded post! I hope to get my hands on the scanner sometime later today so will probably not post the letter until Monday afternoon...it also the quietest time to visit one of our remaining post offices! (I presume its best to do it Recorded?) Once again thanks for the replies H

Hi Howler and all the other helpful peeps on board here, I forgot about IJ's CCA letter to which they remarkably responded on the day my recorded delivery hit their dorrmat......amazing how quick they drop things back to the OC........................anyway, I forgot to write to them within the 12+2 days saying you aint replied so now crawl back under your rock, so may have done myself an injustice, however, todays mail brought news from the OC . It is along the lines of what Howler has received in as much as a one sided page of a application form clearly indicated as such by 'please complete your application form by answering all the questions below in block capitals, blah blah then in bold writing Credit Agreement Regulated by the Consumer Creidt Act 1974. The app form is duly completed and thats it. Separately they have sent several bits of paper titled credit agreement regulated by the consumer credit act 1974 which has my details and acct number on the top but is not signed anywhere by anyone let alone me! They also enclosed a photocopy of a notice of variation July 2008 effective sept 08 which means diddly squat to me and finally a summary dated march 2010 which just shows the remaining balance (obvioulsy overdue) which funnily enough has a giro payslip attached to it to pay the OC direct (not IJ). Their covering letter states 'we refer to your letter dated 16 march (their reply is dated 9 april received today 17 april) and enclose to comply with out obligations under 78(1) the following; 1 - copy of front page of original signed credit agreement (I believe what i have got from them is an app form?) 2 - a document containing the original terms and conditions of the credit agreement which applied at the time the agreement was entered (how the hell do i know if what they sent applied many years ago?) 3 - copy of the current prescribed terms of the agreement? 4 - copyof the current general terms adn conditions of the agreement (booklet form) I guess this is the document dated July 08 applicable from sept 08? 5 - a copy of the latest statement of account signed on behalf of the bank (guess this is the summary showing me the balance and last payment in march?) And thats it, we have now complied and you still owe us money so contact our Insovency and Client Support Dept (like heck) Oh and by the way we have not sold your account??? Thats not what IJ hint at?? Whew..............sorry its so long but my scanner is bust and am trying to borrow one, hence the long winded approach but I hope you get the picture, my main query is What do I do now/next? Keep up the good work and I have recently recommended a friend to your site to assist him in his hour of need as you have done for me Cheers H

Thanx debt4get, I think I will sit down in a few minutes and send them the cca letter and cancel my standing order so they can then go whistle in the wind! My main worry was the fact that they threatened court (which I know they can and sometimes do do this) although I think the court would look favourably cos I am paying them and intended on keeping on paying them but I think they have now shot themselves in the foot! One other question, I know that if they do not respond after the 12+2 days the acct is then in dispute that sometimes they pass it or the OC passes it to another pond feeder, if this were to happen would/could they then start adding interest to the o/s balance, (after all I cannot go down the statute barred route fiven they just had a payment from me)! and if they eventually turn up the agreement and I have to restart paying, I dont want to pay more than what is owed at this time. Cheers H x

Hi, I too had a strange experience with Abbey/Santander and Capquest starting with an out of the blue letter from telogram? It relates to me at an address not used for some 14 years and in an old name of mine, however, I never had an acct with abbey that many years ago. I did make the fatal mistake that when the telogram letter was followed up by a letter from abbey i called them (after all its who i bank with, I know peeps on here dont like them but they have been good to me through all my financial stresses so i stayed put), they told me the acct number i quoted them was not one ever linked to me and it was an invalid number? Is it just a phishing trip by a DCA for another debt long since forgotten? Strange thing is that the address they had me living at is not an address anyone ever had or was ever used on any documentation many moons ago? At this time it has been 6 months since either/any company has contacted me about this so I have just kept the paperwork and ignored it til now and will carry on ignoring it. Given the amount Abbey stated I owed it was a mere trifle (or one monthly payment to one of my DCAs) so I guess if push came to shove and they proved it was mine I guess I would say here you go chaps dont spend it all at once!

Hi Peeps, I do wish I had found your board so many moons ago when I started to pay off an RBS debt via I & J, which is a matter of some months is due to be paid in full (hurrah) HOWEVER the cheeky bleeders have now taken to harassing me by phone and when I say I aint talking to them they get stroppy, but the latest thing has been to tell me I HAVE TO INCREASE MY PAYMENTS! Well besides telling them to bog off and do one, they are now demanding a breakdown of my income and outgoings and also stated they did not believe that I worked the hours I said I was cos I could not call them before they closed at night (I work shifts mainly late shifts getting home around 11pm). I guess the only reason I did not yell at them to F**k off was cos I was at work when they called. I returned home some fifteen mins ago to find a lovely letter from them dated 5 Feb received today 17 Feb (took 12 days to get here) telling me to call them within 5 days 9 so well past that deadline now) otherwise they have been instructed to take legal action! My query now is - Can they take legal action, I am paying them albeit not what they want and have not missed a payment even if it has taken years to clear the debt, end result is they are still getting the dosh. I have never CCA'd them and have just paid up each month (like I said I have since learnt my lesson via these wonderful boards), I dont know if they are just collecting for RBS or have 'bought' the debt from them. What do I do now? Do I just carry on paying and ignore the 'threatening letter', after all surely a court would see I was paying and tell them to shut up and push off, do I stop paying them and CCA them? In a matter of some months they will be gone like a bad smell once the final payment has been made but I am soooooooooooooo mad at this letter I cannot think straight, I would love to tell them to shove it but obviously dont want to end up in court..advice, guidance and a big chill pill needed please. Cheers peeps H x

Morning, Thanks to all who replied and sorry its taken so long but what with working long hours and being snowed in where i live, this is the first chance I have had to catch up with things. The SoA came out of the blue and is not from the OC nor the DCA I sent the CCA letter to many moons ago, but has arrived from another DCA?? I think I will sit back and wait and see what happens next. I do still have my original letter from last year which was sent back to me with the postal order and shall keep this as my proof. Do you think this 'new' DCA will contact me again or will it be passed on once again? I have had no contact with the OC for many many years and I am positive this whole debt is now statute barred but have no way of checking when I last had contact but believe it was around 2000/2002. I will wait and see what the postman delivers next! Cheers H x

hi, did post this elsewhere but not gotten a response anywhere yet so probably my own fault as most likely put in wrong place! Last year 10 months ago to be exact one DCA returned my CCA letter and the Postal Order saying we no longer dealing, returned to our client, who just happen to be another DCA, please contact them. I didnt and lo and behold the 'client' (DCA) contact me this week saying Hi heres the Annual Statement of Acct, showing original date of agreement to be 13yrs ago and date on Annual statement is Oct 08 through Sept 09 and a balance. And that folks is all I have gotten until today when they offer me to pay less than a third of o/s 'debt' and they will write off the rest, finito, gone, finished! (yea righto) So what do I do now, the original DCA did not supply what I asked for so I take it the acct is in dispute and if it is how can they pass to another DCA?? Confused, I know I am! Do I now send CCA to client namely the DCA who have just written me or do I tell them to bog off? Advice greatfully received as always H:confused:

Hi, Time has now passed with no update from the original poster, do we take it then that all is well and he is insured or all it not well and he faces the penalties with or without the RK to? I agree with the earlier comments about a 19yr old being able to drive a big car like the Nissan, I think the insurance on that would hurt me and I have been driving for many many years more than I care to remember at times!

Hi, To try and answer your question and giving the worst possible scenario.... Police could have seized the vehicle for no insurance (unless they did do so), Driving other than in accordance (no supervisor with you) could see Discretionary driving ban, fine up to £1000, 3-6 points, 3-6 months in prison Driving with no insurance (which is an absolute offence) 6-8 points, up to £5000 fine (ouch) Discretionary driving ban Sorry if the above seems harsh but it is a fact of life and unfortunately I know you say you were named on your g/f insurance but they 'may' say no supervisor, not covered! and then thats were you get driving with no insurance Although the points on your provisional licence will remain valid until they expire on their third anniversary and thus would be transferred to your full licence, they would not prevent you from taking your driving test. If you pass, a full licence will be issued with the existing endorsements detailed. Whilst they remain valid, any further offence within your probation period would result in revocation if it is punished by penalty points. I hope this assists you and would suggest you could try checking websites such as Motor Lawyers who offer guidance in their various sections and also contacting a solictor for face to face advice/representation for court

Hi peeps, been a while since I came on here to seek advice and help and boy what a help you have all been so a big thanks to all...............however, out of the blue I have received two....yes two letters from these people, one undated and this being an annual statement of account, followed the next day by a dated letter saying pay x amount and we will write off the rest! Now tempting as that might sound I have no intentions of doing any such nonsense even if I did have the money to pay it! My query though is this...............Last time I came on here it was another DCA chasing outstanding monies Lowballers - Scotcall - I sent off the CCA letter and my postal order back in ..wait for it....April 09. One day after I sent my letter and PO they wrote back saying basically HERE IS YOUR LETTER AND PO BACK WE RETURNED THIS TO OUR CLIENT ON XX DATE (the date on their letter) Please contact them with this refXXXXX their address is......Yes..............DLC ! Advice on here was sit back and wait and that is what I done until now, when the two letters mentioned at the top arrived. My Question now is, What to I do now?? This debt I believe is now around 10yrs old, I cannot recall when I last paid anything though believe it is around 8 yrs ago and until last year I had heard nothing. I see you are telling peeps on here that once the CCA letter has gone out it is that company who should supply the stuff. The 'Annual' Statement of Account actually contains nothing except to say the date of original agreement (14yrs ago not ten as I thought) with a date of this year with a statement period of 11 months from 2008 to 2009 which is already four months old. It does not show any payments made, any other statements allegedly sent out etc etc, it just tells me how to pay followed by the 'we will write x off if you pay x' Phew, I hope I have not confused you too much by all the writing, but do I contact them using one of your letters or do I ignore them? Once again your assistance is required. Cheers H x

Hi Monze, Sorry to hear of your problems and like yourself I took possession of a new Corsa 3wks 1 day ago and it is booked in for Monday to have the brakes looked at. I will allow them this chance and this chance only, however, if any more problems arise on this 'new' (July 09) car then I will most definitely be looking to reject it under the Sale of Goods Act as unfit for purpose/unsafe. I was a bit peeved at the service persons lack of understanding when I said that both front and rear brakes were binding/grinding and no doubt (as told previously with my old car) they will say it is my driving (is it because I am female) though they had to admit there were problems with my old car and replaced the brakes front and rear and a few weeks later the clutch (again the first thing they said it was my manner of driving). I will be telling them about the Sale of Goods Act when I drop the car off Monday morning so if this fault is not rectified or others arise within the 6 mths when the burden of proof is reversed then the car will have to be replaced by them. Bring it on I say Vauxhall, I fought many years ago with Rover and won so look forward to that challenge unless Vauxhall step up to the mark! Not sure if this is a 'common' problem amongst Vauxhalls but there do seem to be a lot of people saying they have brake issues with Vauxhalls though cannot find anything on the VOSA site? Anyone else in the same boat?

Signed with pleasure

Thnaks surprise, however, postman delivered a very nice letter from Rockwell yesterday. Guess they musta gotten my you didnt respond within 12+2 letter even if it was the wrong thing to send (do they know what they are doing or even talking about?) They now inform me that they have closed my account and passed it back to Tesserra Portfolio and yes I have read about them on the site so will now sit back and wait and see what happens next. I only wish I had found you guys some years ago cos probably would have saved myself a fortune repaying debts left by ex oh, however, I guess my conscience is clear even if it was an expensive lesson H

Hi Harrassed Senior and Surprise, thanks for your replies, will start with Surprised......I already scanned the agreement in that I was sent under my previous postings for Rockwell and the replies said it was a bank account application form and that is what is written on the top of it too? However I will put it up again (if I can remember how to find it) Harrassed Senior, Dont know anything about what they sent me, its from the bank i used to bank with when i was married to my oh, but i moved bank accounts in 2000 to another bank. The only account I had with this particular bank was the old joit acct, which altho my ex oh never actually closed (found this out via credit report showing an address i never lived in) it was actually at a nil balance but bank would not let me close it without his signature! So hence the confusion as to what the hell it actually is.....................we did have a joint loan but I know that was cleared when we split..............it was the only thing that was the rest of the debts he left to me when he did his disappearing act........................live and learn I guess! I hope I copied them right? Cheers H