Just an update. I have received a response to my CCA request from Lowell's. What they have sent is is as follows: Covering letter: Dear Mrs XXXXX We enclose copy of the original paperwork we have been provided by HSBC Bank plc in response to your written request to us under Section 78 (1) of the Conusmer Credit Act 1974. We would also confirm the following information as required by the above Act:- Balance payable against your account : £4030.45 Current state of you account : Defaulted We look forward to your proposals for re-payment within the next seven days. The documentation that they have have sent is: A copy of a letter from Churcwood Financial dated 8 October 2002 requesting account details on my husband. The letter states that they had been instructed by my husband to assist him in relation to his financial problems etc. Also attached is a signed client authority dated 1 Sep 2002 which both my husband and I had signed. The third document that Lowell sent is a response from HSBC to Churchwood giving them details of my bank account, status and amounts but also informing them that the loan is up to date. Definately no CCA, statements or any other documentation in relation to old HSBC accounts. Furthermore we did not go ahead with Churchwood as the charges for the service were ridiculously high. As the letter from Churchwood to HSBC was in respect to my husband's accounts does this not breach the data protection act as well as making the debt unenforceable? Also as they cannot supply a CCA can I insist that the default is removed?

Good luck with it and I am here to offer any support I can Lan

Have you tried contacting Laiste? She is a solicitor and is very good advising people what to do on these matters. Try sending her a pm. I'm afraid I can't advise you on this Lan

Have they issued a court summons or just threatened to take you to court?

Nothing at the moment, just sitting tight and waiting to see what they come up with next. Since Welcome aren't dealing with it themselves and the DCA's haven't provided any CCA except for Hillesden and they haven't bothered to chase me for it. I only CCA'd them as they were on my credit file and I didn't know what it was. But I am ready to put up a fight if I have to.

If I CCA Lowells is that not acknowledging receipt of their SD?

In March this year I CCA'd Legal and Trade Collections re 2 outstanding debts with HSBC. They failed to supply any documentation within the statutory timescales and so I wrote to them requesting that they remove all adverse comments from my credit files etc. I received a letter from them informing me that they had transferred the matter back to their client and on receipt of their comments would be back in touch to advise accordingly. Today I have recieved a letter and Statutory Demand under section 268(1) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately. It was sent via 2nd class post and the creditor is named as Lowell Portfolio 1 Ltd. There is no court details on this document, no court stamp etc. and it is dated 14/6/2007. On the paper work they have stated that they bought the debt from HSBC on the 11 May 2006. Any advice on how to respond to this greatly appreciated. Lan

Hi Neal No I don't think you're a "reet ferret"! we have all had to learn this at some time or other and believe me I'm still learning! Which was why I asked for Dave's advice. The charges you can claim back are charges that are added to your account for late payments, going over your limit etc and any interest added onto those charges, if there are any of those on your statement you will be able to claim those back. As it stand at the moment they are unable to enforce any of the debt as the agreement doesn't stand up. So I wouldn't worry to much on that at the moment. With regards to the bank statements, they have 40 days to comply with your request under the S.A.R - (Subject Access Request) you sent, but a gentle reminder wouldn't hurt. Also you can remind them that they haven't supplied you with all your credit card statements. I hope this clears things up a bit, and have a good weekend, I'm off to a family wedding in Edinburgh so really looking forward to it, but not the drive up! Your letter looks fine btw Lan

Once again Dave you are a star!! Neal, you are charged different rates of interest for purchases and cash withdrawals. It is usually a higher rate for cash withdrawal. So your total interest charge is made up of the two rates. As Dave has said the agreement is unenforceable as it doesn't meet the min requirements as laid down in the Credit Agreement Act so they are unable to enforce the debt until they can produce a valid document. I would write to them as Dave has suggested and remind them of their obligations. I too am going away this weekend so I will catch up with you next week when I get back. Take care Lan

Hi Neal At first glance there are no terms and conditions, no interest rate or APR on any of this paperwork. I will have a closer look tomorrow and try and get someone else's input for you. Lan

Hi mnealio Have they sent you the credit agreement for the credit card or just statements? (Doesn't matter who sent them) If so can you scan and paste (blank out personal info) so that we can have alook at it? On the statements have there been any charges added to the account? The request for bank statements would fall under you S.A.R - (Subject Access Request) and they have 40 days to comply with the request. You can write DG a letter explaining that the still haven't fully complied with your request and remind them that the clock is still ticking. Lan

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html Letter N is the one you need.

Hi woolney I got a reply back last week saying that they were contacting T-mobile for copies of statements and they will contact me at a later date. Just waiting to see what they can produce. Lan

If £10 a month is all you can pay, thats all they can have. Send them the harrassment letter and send the payments by post. Have you considered sending them a CCA request? Might be worth your while and get them off your back in the mean time.

What do you mean by "black listed" him? Have A&L put a default on his CR file? or have they marked it as "reduced payments"?

I'm having a similar problem. Mobile phone cotnracts do not come under the Consumer Credit Act so I wrote to the DCA informing them that I do not acknowlege the debt and request that they provide me with documentation confirming that this debt does actually relate to me. I have just received a letter from them last week saying they are contacting T-mobile for copies of statements etc and will contact me in the near future. As far as I'm aware I have never had a T-moble phone on contract as I have always used pay as you go. My advice is write to them demanding proof that the debt is yours. Lan

Yes, contact CCCS their service is free of charge.

Hubby emailed copy of letter of complaint and got a response saying that they didn't have any paperwork regarding this alleged debt, that they would contact the orginal creditor which would take 6 - 8 weeks if the debt was less that 6 months old, longer if older than this and that he would have to pay £20 for the information. This is after admitting they have received the orignal CCA request and ignored it. PRICELESS!!!!!

Hi ODC Just finished typing the complaint letter to Meritforce and sending it off. They actually replied to his email giving details of where to send the complaint to!! We have given them 7 days to reply.

Nice one Drafting letter up now!!

My hubby has just got off the phone to Consumer Direct after discussing Meritfarce's actions since sending off the CCA request. What the lady has said is, she agrees that they have not met their legal obligations and has passed the case through to TS who will contact him within the next 3 working days. Will keep you updated.

Received a letter from Legal and Trade back in April for 2 alledged debts outstanding to Lowell Finance. Sent off a CCA request for both and promptly received a reply from Legal and Trade accepting my offer of repayments of £1 which "must be in our hands by the 25/4/07" (Can anyone tell me were does it say in the standard CCA request "please accept my offer of payment" lol) So I sat and waited, nothing came, 12 + 2 days came and went, still nothing came on the 9/5/07 they commit the offence so off went my reply. I recevied another letter dated 2/5/07 "We note on checking our record that you have not kept to your agreed instalment amount" (What agreed instalment?) Today I have received a reply at last to my last letter where I informed they had commited an offence. Their reply: Dated 10/5/07 (received today 17/5/07) Dear Madam (What happened to Mrs XXX) Thank you for your letter dated 9/5/07. The matter has been transfered to our client. On receipt of their comments, we will contact you again to advise accordingly. Yours sincerely (illegible scrawl) On behalf of Legal and Trade Collections Ltd

Hi SA The first letter we got stated they would send a collector around if we did not contact them by the 15/4/07. We sent off the CCA letter. Their reply on the 12/4/07 was SO mandate accepting payments of £48 per month to be paid on the 1st of each month (we never offered any repayments). The next letter received was similar the one received on the 12/4 only the payments have increased to £96 per month and to be paid on the 20th of each month!! Anyway, my husband is contacting TS in Newcastle today about this lot so we will see what they say. He emailed Merfitfarce last night requesting their complaints procedure etc. But how do we contact OFT? Has anyone gone got contact details for them? Lan

The letter is already sitting here waiting to go first thing tomorrow!!!

Sent a CCA off to Meritforce, took the £1 fee off the debt, sent a letter accepting offer of payment (what offer?) and included some payment slips. They are in default of the CCA request and tomorrow they will commit offence. But the cheeky beggars sent a door step collector around this afternoon!! Husband opened door, bloke said he worked for a company called Meritforce, husband said "see ya mate" and shuts the door in his face!! My husband is absolutely livid at the cheek of these lot. Are they really as stupid as they seem?