Thanks for your replies, will send a letter offering an amount each week, karen

now received a letter from southern water, saying 'where have we gone wrong? we have send you a whole series of letters we have tried to telephone you and a local representative has tried to call on you repeatedly but all with no success. our client wants full payment but this may not currently be within your means. we want to reach a staisfacory settlement for you. We are prepared to take into consideration your circumstances and any problems you have but we must hear from you.' call us No way am I calling them, they are patronising. a/ send an offer letter pay each month b/ ignore it c/ dunno Also been in new property 6 months no water bills yet, informed them in writing, what more can I do

Can this be used? Special time limit for actions in respect of certain loans. 6:- (1) Subject to subsection (3) below, section 5 of this Act shall not bar the right of action on a contract of loan to which this section applies. (2) This section applies to any contract of loan which— (a) does not provide for repayment of the debt on or before a fixed or determinable date; and (b) does not effectively (whether or not it purports to do so) make the obligation to repay the debt conditional on a demand for repayment made by or on behalf of the creditor or on any other matter; except where in connection with taking the loan the debtor enters into any collateral obligation to pay the amount of the debt or any part of it (as, for example, by delivering a promissory note as security for the debt) on terms which would exclude the application of this section to the contract of loan if they applied directly to repayment of the debt. (3) Where a demand in writing for repayment of the debt under a contract of loan to which this section applies is made by or on behalf of the creditor (or, where there are joint creditors, by or on behalf of any one of them) section 5 of this Act shall thereupon apply as if the cause of action to recover the debt had accrued on the date on which the demand was made. (4) In this section “promissory note” has the same meaning as in the Bills of Exchange Act 1882. As I was advised to take out a loan for approx £800 to reduce my overdraft so getting a 'loan'? And / or should I send an SAR anyway giving my maiden name and address at the time, so they can search for my details?

Can I send this letter NOW or have to wait 40 days? Also CCA up on 3 june 07 (12 days from sending it) thanks karen Data Protection Act - Non-Compliance - Template Letters This is the suggested template letter where a Data Protection Act request has gone past the deadline without any information being sent: TEMPLATE LETTER 3 ************************* ************************* * LETTER BEFORE ACTION Section 7 – Data Protection Act 1998 Dear Sir/Madam Account: xxxxxxxx You have failed to comply with my Data Protection Act Subject Access Request dated (Insert Date). If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice. Yours faithfully [name]

Bishops investigations statutory demand bancruptcy proceedings for a dept of 4 and a half k after giving back a car on hp and being sold at auction no info from 1st credit re how much car was sold for, where etc, so want to send LBA letter before action but have got stuck on amending wording , have amended some, see below- Sorry to mislead this dept is for a credit card, not the car one (another story) have 3 things going on at natwest so got confused. so want to send LBA letter before action but have got stuck on amending wording , have amended some, see below- LETTER BEFORE ACTION Dear Sir/Madam, Your ref: 984362 I am very disappointed that you have failed to respond to my two letters of the 21 May 2007, copies of which are enclosed. I now understand that the regime of 'fees' which you have been applying to my account are unlawful at Common Law, Statute and recent Consumer regulations. I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. Additionally (if )you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account. I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable. You are also reminded of my request that you forward a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6©, and your continued failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action. Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department. what can I leave in or change as dont know what interest or costs occured and need this info to pursue claim, thanks karen

Bump x

Update- sending letter saying the £10 fee was for SAR info, took it off dept in error please review this, look forward to your reply, blah blah the SAR 40 days are up on 23 june 2007 karen

Update- 2 june 2007 letter received from natwest, saying considering claim, but giving the work involved we anticipate assessing it will take 6-7 weeks. I sent the breakdown of charges etc so only need to say yes or no, surely won't take that long! So LBA letter before action to be sent 5 june 2007. They have 14 days to reimburse us, or off to court we go, plus interest also. karen

Thanks martin, Bump Can someone advise me on amending LBA (above)to fit my action, thanks karen

Hi, outstanding dept for water bills, received a letter from Robinson, Way & co Ltd re home visit to 'secure arrangements for payment', that was in march, no visit happened, still owe the amount of £327.03, not sure if any charges or just for water supplied. Burried head in sand re depts now sorting them out with help from CAG and family member. Mean while have moved and informed in writing both water companies, have a phone phobia, due to harrasment of dept companies, but no bills as yet, 6 months later, please advise re letters to send and wording, thanks karen

have tried but their inbox is full

Hi Rhia, yes my husband has I'm posting for him, kaz

Hi Rory32 yes original post can they be joined together? thanks karen Look forward to you post tomorrow, thanks you

Sorry yes this is original post, couldn't find it, can these be joined together, thanks karen

Sorry, can't find original thread so here goes. sent cca and asking for document or notice of assignment/power of attorney letter (not sure what is called). CCA time up in one days time want to prepare for next move. Bishops investigations statutory demand bancruptcy proceedings for a dept of 4 and a half k after giving back a car on hp and being sold at auction no info from 1st credit re how much car was sold for, where etc, so want to send LBA letter before action but have got stuck on amending wording , have amended some, see below- LETTER BEFORE ACTION Dear Sir/Madam, Your ref: 984362 I am very disappointed that you have failed to respond to my two letters of the 21 May 2007, copies of which are enclosed. I now understand that the regime of 'fees' which you have been applying to my account are unlawful at Common Law, Statute and recent Consumer regulations. I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. Additionally (if )you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account. I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable. You are also reminded of my request that you forward a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6©, and your continued failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action. Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department. what can I leave in or change as dont know what interest or costs occured and need this info to pursue claim, many thanks karen

Update- now received letter from legal & trade 'Notice of payment default' 'our records show that no payment has been received and therefore you have defaulted on your repayment arrangement. We must inform you that as a result payment in full of £80.00 is now due, or if unable to to clear the balance contact by phone us immediately. Failure to make contact will result in us continueing with formal recovery action as agreed with our client. Blah blah, failure to pay may result in court proceedings or the clamping and removal of the above vehicle.' No mention of my letter saying offering £10.00 a month, have a job clamping and removing the car as its been scrapped.lol SO what action, 1/ pay them £10.00 on the bank giro slip attached and write and tell them have paid one instalment 2/ or other action thanks in advance karen

Thanks harrythehawk, will send them a letter just don't know how to word it, any ideas? Also when the 40 days are up for the SAR request what happens then? thanks karen

Help please see my last post-need to send LBA asap, thanks karen

Update no reply to the 2 letters (prelimary and CCA) sent so assume LBA letter before action, karen

Update- have received today 30 may in reply to my cca letter saying 'thanks for your £10, this will reduce your dept to £171.85, you are in arrears by £10, and must be cleared immediately'. So no reply to my CCA, and I have to the 6 june to pay my first payment of £37, so how can I be in the arrears! What action next folks, want to say something on the line of 'you plonker that was for my cca details which you failed to do, you are supposed to have a B A in law, can't you read' in a posh way tho. Help, thanks karen

I,ve just thought if I send a LBA(letter before action), I have no idea of charges etc acrued on account as they have not responded with any information, please advise karen

bump.

Hi, kurt-hamster, or anyone else,where do I find info on the limitation act to research it? thanks karen

Hi, sent legal and trade a letter on 18 april, in reply to their 'notice of formal proceedings letter, saying that we are experiencing financial difficulties and can afford to pay £10.00 a month to pay off the dept (DVLA- late licence penalty) as fine now gone up to £80, still heard nothing. What should be our next move? Would be nice to get a reply, as worried the dept will grow and grow, was only for £40 at the beginning, but we lost the letter and called them it was a automated machine, but could not pay it as had no details. Help, thanks karen

Hi , I sent off S.A.R - (Subject Access Request) and CCA on 22 may for my hubby, received a letter back dated 24 may, but not received until 26 may, saying ' Thank you for contacting us regarding fees which you feel were unfairly debited to your account. Whilst I understand your concerns, please be assured our fees are reasonable and competitive with those made by other financial organisations. The OFT has commented that they consider the level of late payment fees to be unfair, however, they are actually referring to late payment fees for credit card payments, which are quite distinct from a bank's fees on current accounts. Discussions are ongoing between the banks and OFT regarding current accounts and once an outcome is known, Alliance & Leicester will review its position as appropriate. As well as making our customers aware of our fees when opening accounts, we also continue to do so through our website, our baranches, by telephone and on the back of statements. In view of this, I do not feel that you have been unfairly charged and regret that I cannot agree to refund your fees. I enclose a copy of our complaints leaflet which explains the steps we take to deal with complaint and what to do if you are unhappy with any respect of our response. If you have any further enquiries regarding your account, our customer service telephone number is show above.' No copies of statements or complaint leaflet. This has been going on for 3 years them trying to get hubby to pay more fees and dept collector letters etc. Saw this site and decided on above action as previously wrote asking for statements in an ordinary letter, no response, just 'yes you owe us over 600 quid.pay off your overdraft or else, blah blah' Please advise next action thanks karen