Hi, I just found this on another thread (written by Lula), this could help. firstly, send this to Capital One Quote: Re: my request under the Consumer Credit Act 1974 I note that to date you have not complied with my request for a copy of the credit agreement for this alleged debt which you are pursuing me for The Consumer Credit Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter. My request remains outstanding. Without production of the said agreement I am unable to asses if I am indeed liable for any alleged debt to you, nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’ or contains the terms required under the Consumer Credit Act 1974. I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law. You had until xx/xx.2007 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency. To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this. The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. If you continue to demand payment or try to enforce this debt without complying with my original request you will have committed a criminal offence and your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future. To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me. I look forward to your reply. Yours faithfully then, send this to the DCA, do not talk to the DCA , also did you send the original request to Capital One via Recorded delivery? Quote: ear Sir/Madam, I refer to your recent letter and telephone calls. As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with BANK NAME prior to your first contact with me, and has yet to be resolved. Since this is considered an unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure. I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved. Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the OFT guidelines to Trading Standards and complain to the Financial Ombudsman Service. Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly. I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully just amend to suit and send them both recorded delivery. Wikkitt

Hi Here is the letter about doorstep callers,(one of the great letters I found on this forum) I used this when they said that they was sending someone to my door. --------------------- Dear xxxx Account Ref xxxx Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date. Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. Yours faithfully/sincerely, --------------------------- You may want to edit it as I'm not sure if you have been receiving phone calls from them. Someone else will be able to assist you more about the CCA. Hope this helps Wikkitt

Just an Update The 12+2+30 days were up on the 27th March. Since the 7th Feb when the woman from HFO called me to say this was being passed over to their solicitors, and I informed her that I have requested a copy of my CCA, I have'nt been contacted by HFO or their solicitors. I will keep adding to this thread with updates. Wikkitt

Hi Pinky69 Thank you I'll just sit back and go with the flow as the 12+2+30 days are up on the 6th April. Wikkitt

Just an update Received a letter from Cabot today. Dear XXXXXXX Your request for information under the Consumer Credit Act Unfortunately Cabot has not been able to provide you with the requested information within the relevent time period. We have worked hard to obtain this information for you. However, the original lender has not yet been able to locate the relevant information from their archives. You are of course entitled to request the information direct from the original lender. Your account Cabot shall continue to hold any action on your account until further notice. What happens next? Although Cabot is dependent on the original lender for the information, the relevant time period has now expired. However, Cabot shall continue to request the information from the original lender to assist you with your request. We hope to receive the relevant information shortly. Contacting Cabot If you have any queries about your account or any payment options, call one of our helpful customer advisors on XXXXX. Yours sincerely Customer Relations Manager

Ok Letter on the way to GE. Thanks Rory32 Wikkitt

Hi Catchleen That does help. Thank you Wikkitt

Hi I have 3 store cards with GE Money, Evans, Kwikfit and QVC. I have received a letter from CL Finance informing me that they have taken over (letter of assignment) my evans and kwikfit cards. I had an arrangement with GE money to pay £15.00 a month to each of these cards, CL Finance had agreed to continue with the payment plan, the problem is as the payments are made in the middle of the month and they require payment every 30 days they overlap each other, they sent me a statement and the next day they sent me a letter adding £12 pounds late payment charge, telling me I am in default with my payments. I also know that GE Money have charged me late payment penalties and I did have PPI with them, I say did have as I wrote to them asking if they would cancel the PPI and they did. I would like to send an SAR but do I send it GE Money or CL Finance (or both) as 1 card is with GE and the other 2 are with CL Finance. Thank you Wikkitt

Hi ECI state thay are working for their client (Creditor) Equidebt. The letter I received was from the same person I got the letter about the Equidebt CCA, the only difference was the headed paper. My orginal creditor was the Co-op Bank. Wikkitt

Thank Rory32

Hi Likethewallfatboy Thank you I will send the letter about the correct terms that must be supplied, as they want me to phone to arrange a payment within 14 days. I have seen the letter on another post. Wikkitt

Hi This was the only page I received from them. I stopped paying when they went into default, after I requested CCA. They are working on behalf of Equidebt. Wikkitt

Hi Thank you, I will try and get someone to move it for me. Wikkitt

Hi Received letter from ECI that states: Please find enclosed a copy of the original credit agreement which on the face of it, is properly executed and signed by you. We apologise for tehe delay in providing this copy agreement. Accordingingly, we await your proposals for repayment of the outstanding balance of XXXXXX We are prepared to accept reasonable and realistic instalment repayment proposals. We are allowing you a period of 14 days from the date of this letter (its dated 18th) before we commence futher collection activity. It is important that you contact us to disuss repayment by calling our FREE PHONE number on XXXXX Yours sincerely Senior advisor Compliance Department (by the way this is the exact same letter I received from Equidebt and its signed by the same person the only difference is the headed paper) Below is the so called credit agreement.

Hi I have received a letter from Equidebt today, enclosed was the two scanned documents below and one years (2005) worth of statements. On the second page, the piece I have removed is my name printed by someone, but not me. I was paying them through a DMC during 2005 and they were getting paid every month. From January 05 to September it states on each statments: PLEASE MAKE PAYMENTS AS AGREED IN THE MONTHLY/WEEKLY REPAYMENT PROGRAME WHILST THIS PLAN IS BEING ADHERED TO NO FURTHER ACTION WILL BE TAKEN. INTEREST IS CHARGED DAILY AND WILL INCREASE THE LONGER PAYMENT IS DELAYED. IF YOUR ACCOUNT IS NOT FULLY CLEARED. INTEREST WILL BE CHARGED ON YOUR DAILY BALANCE. NOT JUST YOUR OUTSTANDING BALANCE. IF THE MINIMUM PAYMENT IS MADE YOUR ESTIMATED INTEREST FOR NEXT MONTH IS £0.00 Then on the October statement they added £25.00 arrears charge and £68.64 interest totaling £93.46, then they have written: THE SITUATION ON YOUR ACCOUNT IS VERY SERIOUS. PLEASE CALL XXXX IMMEDIATELY INTEREST IS CHARGED DAILY AND WILL INCREASE THE LONGER PAYMENT IS DELAYED. IF YOUR ACCOUNT IS NOT FULLY CLEARED. INTEREST WILL BE CHARGED ON YOUR DAILY BALANCE. NOT JUST YOUR OUTSTANDING BALANCE. IF THE MINIMUM PAYMENT IS MADE YOUR ESTIMATED INTEREST FOR NEXT MONTH IS £59.09 This is how every statement goes on until December 05, £25.00 arrears charge and interest. So I was paying them £23.14 every month. Starting balance in January was £4,198.08 and the balance in December was £4,216.98. I paid them £254.54 over that year (2005)but the balance has increased by £18.90. Can I claim back all the charges and interest? Sorry this is a long post. Wikkitt

Hi I was told that if I want the PPI taken off I would have to go into branch and sign another agreement, which would drop my monthly payments. I'm in two minds what to do, but I have until next month to make up my mind. wikkitt

Hi If this is anything like an unsecured loan you only have 30 days to cancel the PPI. Wikkitt

Thanks Curlyben

Hi Should I just hold tight until 30 days up (6th April) even though they want a payment in 7days? Wikkitt

Thank you Rory32

Thank you all I will start a new thread in the debt collection section.

Thank you maybe one of the MODs could move it for me

Hi I received a letter from Lowell today. Dear XXXXXX We enclose copy of your original credit agreement with Capital One in response to written request to us under section 78 (1) of the Consumer Credit Act 1974 We would also confirm the following information as required by the above Act: Balance payable aainst your account: XXXXX Current state of your account : Paying We look forward to your proposal for re-payment within the next seven days. Payment can be taken over the telephone by debit or credit card Please call XXXXXX Yours sincerely below is what I received just this 1 page

HI I'm not quite sure how to handle this one, I would loke to phone the woman at Welcome and tell he exactly what I think about her. Yesterday (Friday) I received a call from Welcome Finance at work, she informed me she had called a my home on Thursday night (at around 6.45pm) and got no reply, I told her that I was in all night and she didn't ring my buzzer (I live in a block of flats that has an intercom to gain access to the block), today I received a call from my partner at around 11 o'clock to say he had found a envelope by flat no1, it was had written to D XXXXX No10, the envelope had been opened and inside was a letter to me, it states RefXXXX Balance (blank) Arrears (xxxxx) date Thursday 13th March 2008 WITHOUT PREJUDICE FAILURE TO READ THIS LETTER MAY RESULT IN LEGAL PROCEEDINGS You are hereby served under Section 87 (1) of the Consumer Credit act with a DEFAULT NOTICE. We intend to exercise our rights to enforce collection of monies owed unless you clear your arrears no later than 17th of March 2008, your full arrears are currently (this is blank) Be advised that should you fail to contact me and legal action becomes necesary we may apply through the courts to one of the following: attchement of Earnings and or a Repossession of the asset We strongly urge you to telephone immediatley with your intentions. Provied a minimal payment of your monthly full contractual payment of (this is blank) is received befre the advised date, no further action will be taken, ther are also othr options available to you as of next month if you are struggling with on going payments but this need to be discussed in detail, please call the office on XXXXXXX and ask for Sharon or the Branch Manager. Yours sincerely Welcome Financial Services This information has been read by I don't know how many people as it has been their from Thursday night until it was found today at around 11 o'clock. I am so Peed off about this. Wikkitt

Hi Received letter from cabot today, it states; Dear XXX Your request under the Consumer Credit Act 1974 We recently wrote to you informin you thay the original lender is experiencing a delay in obtaining information from their archives. Although 24 days have passed since your request, we hope to be able to send the information to you shortly. We shall remind the original lender that your inforamtion remains outstanding and should be processed as a matter of urgency. We apologise for any inconvenience you may have experienced as a result of this delay. Status of your account Your account shall remain on hold until further notice Contacting Cabot If you have any queries about your account or any payment options, call one of our helpful customer advisors on XXXXX (NOT RUDDY LIKELY) Yours sincerely Customer Relations Manager Well they went into default on the 5th March, thier letter is dated 11th. Wikkitt