What do the particulars of claim say? Have they ever sent you a notice of assignment?

This si serious they - they are sailing very close to the fraud act. Have you made a complaint to the OFT? If not please do.

You wull not find out why she has issues getting an account untill you get a copy of your credit file. Regards Opening a Bank Account - you have to ask for the basic account - the coop one is called the cashminder account Here is link to it. http://www.co-operativebank.co.uk/servlet/Satellite/1193206368743,CFSweb/Page/Bank-CurrentAccounts here is a link to the Nat West basic account. http://www.natwest.com/personal/current-accounts/g1/basic-account.ashx But remember you have to ask for the basic account or they will process the appliction for a normal current account.

Have you issued a formal CCA request to Aktiv? When did you issue your SAR to barclays and if over 40 days ago have you sent them one of the non comoliance letters - you need that info from BC.

She will be able to get an account with the COOP if she asks for a cashminder account - it has the same function as a normal current account but you are unable to go into overdraft - or have any kind of credit facility - but you can use it to set up DD's etc. and comes with a debit card. Nat West do a similar account but i can not remember what it is called.

So you had Gap insurance - you never mentioned this in your previous posts. Was you up to date with the premiums? What reason did they give for not paying out?

If a lot of this debt is ppi or charges then claim them back + 8% statutory interest. This will at least reduce your balance.

Did you ever see a copy of the agreement? Have you ever put a claim in for the PPI and the charges?

Good points in the above quote. Make sure you head any letters you send with the title, 'I do not acknowledge any debt to your company'

Ref: above post Here is a link to the telephone harrasment letter. http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter Here is the door step letter. http://www.consumeractiongroup.co.uk/forum/content.php?410-LETTER-USED-WHEN-A-DCA-THREATENS-A-DOORSTEP-VISIT

You need to send them a couple of letters from the library section of this site. The telephone harrasment letter and the letter about door step visits. Keep a copy of the door step visit letter handy and if they come to your home simply give them the letter and close the door - do not get into a discussion with them. When they phone you do not speak to them - do not answer their security questions. Tell them to write to you only and hang up the phone - do not get into conversation with them. keep all contact with them to letters only.

They have not complied with your CCA request - send them the account in dispute letter from the library section on this site. They are also deliberatley misleading you - you should report this matter to the OFT. This explains what they need to send you to comply. S.78 request requirements.pdf

The above quote comes from the very first post in this thread, and is about the morality invloved in taking out a loan. Credit is created when a bank makes a book keeping entry into a ledger - no 'money' needs to exist for this to be done. In effect the new credit, because it can be used to purchase goods, is treated as money. So what we have is a system where banks create this 'new money' from nothing. Hard work will have gone into not only building, (creating), your home, but also by the house purchaser in trying to maintain the payments. But they can take away the fruits of all that work, your home, for something that they created out of nothing by the simple flick of a pen, or in modern times the typing of some numbers into a computer screen. Is that Moral?

On point 1 above. What information are you saying they had no right to? If it was the telephone number - then you are correct - but they didn't know it was incorrect untill they called the number. On point 2. Who is the injured party? I don't understand how that can be seen as a breach as MM are acting for CC. To fail to pass on that piece of inforation would be to mislead as to the true facts. (something you have complained about - so can you now complain about them doing what you asked them to do). I am sure - but correct me if i am wrong you have been advised to contact organisations such as the OFT, ICO and trading standards already. That advise still stands. As for the outcome of any complaint on the above issues - they are in fact quite minor breaches - if they are indeed breaches - but the ICO will simply request that the CC and MM put measures in place to enure any alleged breaches do not happen in future.

1. He is not stating that you have deliberatley managed to circumnavigate the procedure - but rather this is what happened, as a fact, when you contacted him directly. Thus by passing their complaints procedure. 2. I have stated before on this thread - i believe that on the assignment issue they are talking nonsense. The quote about the 'benefit and burden' etc. is not relevant here as they have not been assigned the debt - they are just collectiong on behalf of a client. It is Cheque Centre who is responsible as it is their agreement - so they are also responsible for agents acting on their behalf. 3. I don't believe they have breached the DPA - and if they have, who is the injured party? It cannot be said to be the Veteran as they have not given out any of his personal information. If a breach has occured here it may be worth a complaint to the ICO but there is certainly nothing here warranting legal action, if indeed there is even grounds for a complaint. 4. Unfortunatley he is correct - your claim has no basis in contract - though you may try to claim this amount as a loss/cost via a County Court i feel the case would be struck out an early stage. 5. They can refuse - they are under no obligation to make such a donation. As for writing to them or CC i believe you will just be wasting your valuble time - they are passing the buck - and the buck should stop with CC. The problem you have here - and correct me if i am wrong - but there was only ever one phone call regarding this matter to the Vet - and when the Vet pointed out they were barking up the wrong tree they ceased to chase him. Now there is no way that a Court will call that harrasment - and in my view there is nothing here to warrant legal action. There defence would simply be - sorry we made an error and put it right as soon as we knew about it. - What else can we expect of them? If you phoned someone up accidentley as a wrong number - you simply would not call them again, which is the right course of action. But if you was to keep phoning them - having been informed it was the wrong number - then it would be harrassment. Stu - i have to be honest - i think you are simply flogging a dead horse here - and it would be better to simply move on - there is no basis for legal action. What is it you hope to achieve by writing again?

Then in my view that is unreasonable as the docs would only ever need to be dispatched once - and as such one payment would be required. Sounds like a rip off to me - i would claim for it and let them tell you why you can't and how this is a fair charge.

This says what they must do to comply - so i believe thay hav not - use your own judgement - but my view is send the in dispute letter. Have recentley had a court case were we cited a failure to comply with a CCA request as a defence. S.78 request requirements.pdf

£75 per year for deeds despatch fees? how mny times are they despatching them - how long is this agreement for?

If Aktiv are producing letters claiming them to be originals, and to deliberatley mislead you they coud be commiting an act of fraud, (depending on the wording and content), but would at least be a breach of CPUTR - and should be reported to the OFT.

repayment admin fee sounds like a collection fee - so yes you can reclaim that. Not sure on the deeds despatch fee - think it may depend on how much they charged you - and was that amount unreasonable. Are these fees listed in your agreement or in the T&C's

But it is not being settled early - that is why i questioned it - sounds odd. May have expected some charge like at the end of a HP agreement - but not £900. Strangley the letter is headed without prejudice?

Not yet Brig - have just seen a copy of the letter so far - only heard about this a couple of hours ago. Will hopefully get the agreement and T&C's in next day or so. I thought the amount sounded a bit steep too.

Hoping someone can help on something that is out of my area of knowledge. Parents took out a secured loan with Prestige Finance in 2006 - regulated under the CCA. The repayment period is due to come to an end a couple of months and so they only have a couple of payments left. They had a letter in last couple of days informing them that they also owe £900 redemption and the figure has been calculated in accordance with the CCA 1974. Can they make this extra charge even though the loan is not being paid off early? Am waiting for a copy of the T&C's to see what they say, but can anyone give us an idea in the meantime - as we know not everything in the T&C's is lawfull anyway.

Read through some of the 'stickys' at the top of the mortgage companies page - there is some information in those on what you can and can't claim.

They have failed to comply with your CCA request so send the account in dispute letter, as it fails to comply with a s.77/78 request.