Hi orlando2 2 As far as I am aware there is no legal requirement to reply to unsolicited mail which is prying into your on personal data without giving good reason, commonly known as junk mail. Regards dencha

Hi All This is a long way down the line. Would it not be prudent to demand a copy of the CCA from Lowells via Shoosmiths within a short time period. If a CCA cannot be provided would this not put into question the legallity of the original hearing brought by Shoosmiths and be a reason to have the case set aside. Dencha

Hi Jet_Black It is and it isn't. Confusing. Your sig is on an application form, I believe for it to be a CCA then the nuts and bolts of the agreement should be on the signature page. This will get you to the top of the list and perhaps others can comment. It was a common mistake for creditors just to put a small box on an application saying it is an agreement under the CCA 1974 when in fact it is not. dencha

Hi Spiritgirl If you are on Internet banking and you know the sort code and account number you wish to pay into you can set up the standing order yourself through your own account. Maybe this is a way round this situation. It appears they do not want you to pay. If you are Internet banking you only really need a form for Direct Debit and even some of these you can now be set up over the web. dencha

3 pages of post #12 should be sitting on someones desk by 1pm thursday. dencha

Thats OK, we all have a first time here. dencha

Hi soozi You need to do nothing at the moment. You have made your request and it is up to Lowell to reply. Although they have defaulted by not complying with your request within 12 working days they still have a further calender month to commit a summary offence. Once they have defaulted, the alleged debt can only be enforced by a Judge in County Court, but only if they can find the CCA. You can follow my thread regarding Lowell and Barclaycard which should make you feel a little happier with the process. http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/80182-dencha-lowell-portfolio-1-a.html dencha

Just how it copied from Word to the forum. Looked good in the reply box.

Thanks to Rory32 I could not resist the temptation. Going out in the morning. XXXXXXXX XXXXXXXXXX XXXXX XXXXXXX 26 June 2007 Your Ref: XXXXXX Cope's Solicitors Unit F The Courtyard Alban Park Hatfield Road St Albans AL4 0LA Dear Cope's, Subject: Arrow Global Receivables Management Thank you for your letter dated 18th June 2007 in which you inform me of your intended legal action. I would however refer you to my letter sent to your client on 11th April 2007, delivered and signed for on the 12th April 2007, Via Special Delivery Guaranteed Next Working Day, in which I requested a true copy of the credit agreement and a true signed copy of the deed of assignment. The statutory fee of £1.00 was included with instructions that the statutory fee was not to be applied in any way to the disputed account. The £1.00 statutory fee cleared my account on the 11th May 2007. Against my instructions the £1.00 fee has been applied to the disputed account. To date your client has failed to acknowledge this request in any way except by cashing the £1.00 statutory fee, whether by confirmation of receipt of the letter or by supplying the requested documents. The documents I requested should be readily available as proof of their legal right to collect on this account. In my letter of the 11th April 2007 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 78(1) of the Consumer Credit Act 1974 – (s77 (1) for fixed sum credit). The Consumer Credit Act allows 12 working days for a request for a true copy of the credit agreement to be carried out before your client defaulted. If the request is not satisfied after a further calendar month, your client commits a summary offence. These statutory time limits expired on 30th April 2007 and 30th May 2007 respectively. As you are no doubt aware, Section 78(6) states: If the creditor under an agreement fails to comply with subsection (1) - (a) He is not entitled, while the default continues, to enforce the agreement; and (b) If the default continues for one month he commits an offence. Therefore on 30th April 2007 this account became unenforceable at law. As your client has Failed to comply with a request for a true, signed copy of the said agreement, and other relevant documents mentioned in it, any legal action you pursue will be averred as both Unlawful and Vexatious. Furthermore, I shall counterclaim that any such action constitutes unlawful Harassment. Further, it has come to my attention that your client has registered a Default with the Credit Reference Agencies regarding the disputed account when it appears they do not have the legal right to do so. I take great exception to this Defamation of my character. Please note your client may also consider this letter a statutory notice under Section 10 of the Data Protection Act 1988, to cease processing any data in relation to this account with immediate effect. This means they must remove all information regarding this account from their own internal records and from my records with any credit reference agencies. Should they refuse to comply, they must within 21 days of the date of this letter provide me with a detailed breakdown of their reasoning behind continuing to process my data. It is not sufficient to simply state that they have a ‘legal right’, they must outline their reasoning in this matter and state upon which legislation this reasoning depends. Should they fail to respond within 21 days, I will expect this to mean they agree to remove all such data. Furthermore, they should be aware that a creditor is not permitted to take Any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following would apply: They may not demand any payment on the account, nor am I obliged to offer any payment to them. They may not add any further interest or charges to the account. They may not pass the account to any third party. They may not register any information in respect of the account with any of the credit reference agencies. They may not issue a default notice related to the account. I shall of course report your client’s actions to any such regulatory authorities as I see fit. I trust this clarifies the matter for you. . Yours Sincerely, XXXXXXXXXX

Rory32 Great letter. I am thinking of using parts of it for one of my DCA,s. Have alook and see what you think. http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/81311-dencha-arrow-global-receivables.html dencha

Hi Spiritgirl Do a search for Trading Standards and you should find a list of threads with TS in them. You may find what you are looking for there. dencha

No balloons Dave dencha

Rory 32 is correct in what he says. dencha

Hi All I doubt if a Judge would be too happy with a DCA going back to court after just over a year questioning their judgement, which I suspect the solicitors are aware of, unless of course they have found something with the CRA,s to make them think they can get more, but again can only be through the court. It is a fact that only a judge can change this. Both parties have to keep to the judgement. I found it interesting though that if the CCJ is set aside then you can apply for the CCA. It may be worth trying to force them to take this action. dencha

Hi grindthemdownintothedust My feeling here is that the same as anything else set by a judge, only a judge can change it. Contact the court that made the judgement as already indicated and they may tell you how to handle this. The DCA have already taken you to court and a judgement was made, they cannot force you to make additional payment, wether through a solicitor or not. They have to abide by the ruling as well. dencha