You could send another CCA request, but as the original creditor hasn't supplied one yet you could send this letter to Credit Solutions. I think it was a CurlyBen original, so all credit to him. ACCOUNT IN DISPUTE Dear Sir or Madam, Account number: XXXX XXXX XXXX XXXX I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998 My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be resolved on **DATE**, this obviously hasn’t happened. As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE. As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities. If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action. After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully, Not signed ........... Print name

"The snag was Mr Pemberton would be in the red for the ten days it takes for transactions to be reversed." This has always peed me off. How come money can be taken from your account instantly yet to refund a payment takes 10 bloody days ? If you returned something to a retailer you would not expect to be told to come back in 10 days to get your money back or a replacement, you would be dealt with there and then.

Hi N.P Thanks for the letter, edited and sent. I just noticed another 'untruth' in the reply to my Official Complaint. He stated that they wrote to me in January 08 ( another letter that went awol) stating they couldn't accept my token payment as my account was over £xx.xxx in arrears. Fact is the account wasn't in arrears by this amount, it only reached that amount 6 months later after they added interest and then they they decided to accept my token payment But as a gesture of goodwill they have now repaid the interest ........... very nice of them. I can honestly say that they basically don't have a clue what is happening between one dept. and another and are now backtracking and lying there way out of it. Let's see what they come back with next.

Surely as the OP states that this debt is 100% not his, why send for a CCA or SAR request at his expense ? Or is there a chance they will send confidential info belonging to someone else and thus breaking the Data Protection Act and leaving themselves open to prosecution ?

You're lucky, I had to wait nearly 5 months before I got a reply to an official complaint, no acknowledgement prior to the reply either. Then the day after I got a letter saying they have arranged to investigate my reply, dated the the day after my complaint reply!!!! It really does make you wonder what exactly goes on in these places. Oh, and I'm still waiting for my CCA reply from last May. Though they claim they sent it at the end of May .......... funny how ALL the other letters get here ok, yet the ones I've requested go astray !!

Hi all, Well the fiasco continues I'm afraid. I received the following letter just after going into hospital and have only just had the chance to post it up. So here goes: http://i65.photobucket.com/albums/h214/odds123/ReplytoComplaintedited-1.jpg Now you may think that at least they replied although they are still under the illusion that I requested a copy of my 'Application Form'. Now the point is, that after going to all this trouble to locate a further copy of my application form for me, thus showing how much they value thier customers, wouldn't you think that before posting the letter out that they would double check the contents of the envelope ? I guess you know what's coming next don't you ................. The letter had absolutely NOTHING enclosed. I give up, if they can't even pack envelopes correctly what hope is there for the future of the banking industry. I really need a good letter now to send to Mr Bloody Carmichael to get his act in order, to respond to my CCA Request not for an Application form and at least try and get some honest answers from them, though that might be pushing it a bit. That's all for now. Cheers Pete.

Thanks cadencealex for seconding my opinion I hope they send me that, I've been waiting 6 months so I'd expect something a bit more 'creative' They claimed they sent it in May 2008 but now are having trouble tracing it again ............ lying b******s. What a waste of paper. Pete.

I'm no expert, but it seems they have just pointed out what they don't have to do, and sent a photocopy of some prescribed terms. I'm sure that these have to be on the same page as your signature, obviously that is not possible on what they have sent you. By bumping this up hopefully someone with a lot more lnowledge and experience will advise. To be honest it looks a little suspect. Pete.

Well, we didn't want to point the finger at anyone in particular but now you mention it ........ YES I hope you're happy now Pete.

But we'd like your advice first, before making ourselves look silly in court Pete.

Just got another letter this morning dated the day AFTER the above letter ....... I'm sorry you have had cause to complain, blah, blah, blah ...... I have arranged for an immediate investigation ................ of course you have. Maybe if they had less bloody departments they might be a bit more organised, and that's a big might. Pete.

Finally got a reply from the Bank that admits 'criminal behaviour' in the States and yet claim to be voted the UK's Most Trusted Bank Ok here are the most relevant points, the others may require a Subject Access Request regarding letters they say they sent and some they say they never got. Here you are : And on the reverse Just a couple of questions : As they have put Final Response on this is there any point in replying to it and pointing out: 1. that if I wanted an application form I would call in to my local branch and pick one up for free. 2. If they had already sent me a copy in May then why can they not find it now. They really must think that customers are stupid and naive. How come my letter has now ended up at some address that I have never heard of before, my last reply from an official complaint certainly didn't come from there. Next step anyone ? Pete.

Well that clears that up Can you check anywhere online the temp or forecast in your area that they use to assess your entitlement to cold weather payment ? Or do you just take their word for it ? Pete.

I got £60 on Monday from DWP, haven't got a clue why. I am pressuming it is for this though. Is this a one off payment ? What period does it cover ? Why don't they tell you ? Pete.

I would be inclined to request your CCA again, but put it in writing. At the moment you only have the word of a phone op who probably didn't know what you were on about anyway. It's always best to get written confirmaition. Pete.

I'm 100% sure he meant to say insist everything is put in writing. Pete.

When I mentioned Criminal Conduct, I meant THIS. Not against me personally Sorry if I gave the wrong impression. Pete.

I recently had a F&F offer from BLS on behalf of a well known bank that has just admitted criminal conduct and agreed to pay hush money to avoid further action . In that offer of FULL AND FINAL, writing off £8.5k, they still stated that the CRA file would be marked as Partially Settled. So how does that work out right ? Pete.

My OH had the same situation recently. She has a DD set up for me which is an Overseas Transaction. Always leave enough in to cover this, however, due to the sudden change in exchange rates she went TWENTY TWO PENCE overdrawn. She was notified by letter that this incurred a charge of £21 despite the fact that money went into the account the day after. So phoned them and was assured that no charges would be taken. Yes, you guessed it, they took them anyway. Which then made her overdrawn again the month after. Anyway, phoned yet again and spoke to a manager who refunded the charges and blamed it on training issues, apparently the original operator should have waived the charges not tell her they would not take any charges. Pete.

Accrding to the latest TV ads, I wonder if anyone 'voting' read this BBC NEWS | World | Americas | Lloyds pays $350m to end US case Really does make you wonder how these banks get away with the way they trade, any other business would be closed down and the directors hung out to dry. Any thoughts. Pete.

Oooh no you don't ........

Since I requested my phone number to be removed from the system I have to admit that Lloyds have been true to their word and I have never had a call from them. However, on Monday my missus went to the bank to withdraw her wages, as she does every month, and the girl behind the desk asked her why she had a block on her phone number (obviously because of my letter). She just told her, if you want to sell me anything write to me. after all this time why has this been asked ? Is it anything to do with a till girl to question this ? Or have they just realised we are a couple (not married) and share the same address. To be honest it doesn't bother me just wondered why after all this time they asked the question.

Now you're really showing your age I'll wager GCSE's were scrapped before they were even born Pete.

Mine added.

Can't he use someone elses account for the transaction ? Beat me to it