Hi Everyone and thanks for your help and support so far. I can't at the moment scan in the latest letter, but will type it out below. Can you please take a look? As far as I am concerned, it confirms that they have no CCA's? ************** Dear Mr and Mrs xxxx, CDR References: xxxx, xxxx, xxxx Thankyou for taking the time to contact us. I think it would be helpful if I set out my understanding of your complaint. The information registered with the Credit Reference Agencies for account number xxxx has not been amended. Mr and Mrs xxxx, please be advised that we only store information as advised by the Data Protection Act. They advise that they only need to keep information for a set period of time. As your accounts were closed and transferred to our Consumer Debt Recovery (CDR) department in July 1997, we no longer have a copy of the relevant application forms. Our records indicate that you have been making regular payments to the accounts above since they were placed with our external agents in June 2000. As you would not have been making payments to accounts that are not yours, we take this as confirmation of ownership of the debts and are therefore still due and payable. Please contact our CDR department on xxxx to discuss repayment arrangments. Failure to do so may result in the debts being sold to an external agent for collection. I am sorry we do not feel able to agree to your complaint but if you have any new information that you feel may lead me to reconsider my decision please let me know. If we cannot come to an agreement, I will provide you with details of the Financial Ombudsman Service so they can consider your complaint independently. As long as you are happy with the way I have dealt with your complaint, there is no need for you to reply to my letter. If I have not heard from you by 09/2008 I will close my file, although I will reopen it if you come back at any point afterwards. *******************************

Update: I have had several...we apologise for the late responses in "answering your complaint" type letters until this morning............ The letter states that they "do not have records earlier than 1997 and as such, your accounts will have been passed to our Consumer Debt Department. However, we would like to point out that as you have been making regular payments to these accounts, as far as we are concerned, you have accepted liability for and acknowledged these debts. We therefore ask you to contact our Consumer Debt Collection Team to negiotiate payment of these debts. Failure to contact them could result in these debts being sold to a Debt Collection Company without further notice" So...they acknowledge that they have no records/CCA's but still want the money and are now threatening selling these debts. Do I do nothing? Or do I contact them and offer reduced payments again???

Hi, I have 3 large debts with Lloyds TSB (Loans and Credit Cards). Please note that these were taken out when the TSB was still just the TSB and not owned by LLoyds. I have been paying very reduced amounts to a DCA (Credit Security Ltd) for these debts ever since (About 10 years or so). These debts are from circa 1996ish. I must also state that the DCA have never asked for more money. I only pay £26.00 per month on debts of £8000 I decided to request CCA's for these from the DCA. The DCA did not acknowledge receipt or send CCA's. I did send the requests by Special Delivery and they were delivered and signed for (which have proof of). They defaulted on the 12+2 days (3 months ago) so I stopped paying. They then started phoning me. I ignored all voicemails and waited until a further calendar month had passed and then sent them a copy of the template letter on this site saying that unless they send the CCA I am not paying etc etc and that they had committed a summary offence etc etc. I heard no more until today, when the attached letter dropped on my doormat. The letter is from the original creditor saying that they are looking into my complaint.....but I never made a complaint. I just asked the DCA for a copy of the 3 CCA's..............I also note that the letter from LLoyds does not mention account numbers or anything. They say they are investigating my complaint etc, but now we are worried that we may have shot ourselves in the foot. Maybe we should've just carried on paying £26 per month until we die....Have I now p**sed them off and they will come chasing for the whole lot? Or is it possible that they don't have the CCA's? Lloyds.pdf

Not sure if this is of any use for anyone? Two numbers to add to your 'Do not answer' list are: 0151 471 0087 and 0161 455 0064 These are both Call Centre numbers which Metropolitan Collection Services use (HSBC's in house DCA department) when calling you.

Fredrickson International Persimmon House Brooklands Business Park Weybridge Surrey KT13 0NT

Once I formally dispute the amounts, do we continue to pay the agreed monthly amounts? In addition, we have a number of debts that quote 'We have been assigned by ....blah blah'. Do we issue charge claims to the OC or the DCA's as we are unsure who owns certain debts now...? I.E If HSBC sold a debt to Phoenix even if we get charges back from HSBC, we will still owe Phoenix?

This may seem like a daft question, but I and my wife have several accounts that defaulted with different lenders. These accounts were all eventully passed to DCA's whom we are paying back on a monthly payments. My question is that alot of these debts incurred lots of charges such as missed DD fees, Overlimit charges, late payment charges etc etc. Given that we are paying the DCA's monthly payments and have been for some time now, can we now go for disputing the amounts because of excessive charges? Or are we stuffed because we had effectively acknowledged the debt amounts when we starting paying back to the DCA's? Example: 1. A HSBC Credit Card with a limit of £4500. Defaulted with a balance of £5500 (Most of the extra £1000 is charges) 2. HSBC passed debt to Metropolitan 3. Several small token payments made Metropolitan 4. Metropolitan suddenly and without warning passed debt to Phoenix SARL 5. Phoenix passed debt to Fredrickson 6. We start paying £110 per month after speaking to Fredrickson 7. Balance of debt is now £4600 after several payments from us 8. Fredrickson want more money per month. Eventually agreed an increase to £120 per month Can we now dispute the balances?

**bump**

Thanks. Will send CCA requests for the other accounts we are paying. Regarding excessive charges....certainly on the Marbles Credit Card there are massive charges. Let me put it this way. My wife had a limit of £2000. When we were in difficulties, they took her card away but she had to carry on paying as normal. The minimum payment every month was never just the 5% minimum statement payment (as it should've been) but always 5% plus all of the overlimit amounts etc etc. We were paying in excess of £300 per month and never seemed to reduce the balance. In the end we defaulted as we just couldn't keep paying. Even now...we still owe £2481! Do we send the SAR to HFC or 1st Credit? I assume this should be £10 by postal order? I thought all charge back claiming activities had been stayed? Marbles (and HSBC...but that's another story) must owe us thousands. Unfortunately we do not have any old Marbles statements to be able to calculate what we may be owed...but surely if we still owe them £2481, they'll never re-imburse us? How do we claim without knowing the correct amounts? ...Just quickly...we also pay Fredricksons £618 per month for 2 HSBC loans, 2 HSBC Credit Cards and an old current account with a balance of £3500. This all happened because at the rough time when I became unemployed, HSBC would not stop taking their loan payments and CC payments by Direct Debit from our Current Account. Every month, they took the monthly payments, then bounced the DD's (charging us £££'s everytime) and then would credit the loan or cc payment back but leaving us with a stack of charges and plunging our Current Account into the red. Can you claim back charges on accounts that have already defaulted? In fact Fredricksons , just three weeks ago, demanded an increase in our payments.

I'll try to keep it simple. My wife had 4 accounts with HFC (3 PC World agreements and 1 Marbles Credit Card) which had all defaulted on. About 8 months ago letters came from 1st Credit regarding the 3 store agreements (not the Credit Card). Anyway, they were all very threatening and a big worry. At the time we didn't know about this site. After many discussions with 1st Credit, we agreed to pay off (and did) in one go, 1 of the store agreements (£1500) and be on payments schemes (£14 and £15) for the other two. So...(with me so far?) now we have 1 paid account and 2 accounts are on payments which we have be paying diligently on time every month via payment card. Anyway, the other day, another letter 'introducing' 1st Credit arrived. This was for the Marbles Credit Card and a balance of £2481. Because me wife already has 2 accounts running with 1st Credit, she called them as per their letter had requested. (I know this breaks the golden rule, but as my wife appeared to have a reasonable relationship with them we thought calling them wouldn't be an issue). The lady on the phone absolutely refused a payment scheme and said that my wife was marked as 'unreliable' and demanded full payment NOW! My wife re-iterrated that she has 2 accounts with 1st Credit and has never missed a payment, so how can she be classed as unreliable and can she have a payment scheme for this Marbles account. The girl on the phone got all shirty and again demanded full payment. Now...my wife being my wife...then gave the girl the full hairdryer treatment over the phone, to the point that 1st Credit hung up on us! We immediately sent a CCA request for this account and have already had a response (within 4 days). My question is this. The letter says that they are going to ask their client for the agreement, but they expect it will take at least 6 - 8 weeks and that as soon as they have it and send it to us, we must contact them to arrange settlement of the debt. Surely 6 - 8 weeks takes them outside the 12+2 and 30 days window?? Will they now get shirty with us regarding the other accounts we are paying?

Crackdown on the debt collection bullies - Mirror.co.uk

I sent this company 3 CCA requests in early Feb. They have signed for them, but not replied to my requests. They also phone me (an old pay as you go number that I gave them ages ago) on a daily basis. Naturally I do not answer but they always leave a message asking me to call them, which I haven't. They have not replied to my written CCA request and are now outside the 12+2 time limit, but not yet the further 30 days limit. They have not yet written to me chasing payments either, but as I say, they are phoning. How do I stop them calling until they comply with my request?

Firstly, thanks to everyone who have helped me with my queries. I decided to write a small jokey story about DCA Staff. (Moderators, please move to another thread if required. Diary of a DCA Pimp: (Part 1) Nokia Von Ericsson, used to be a successful call centre urchin at a small Debt Collection company, but in reality he was an expert user of bull and not much else. After reaching the heady heights of success at his present firm, he was put on gardening leave due to the company being taken over whilst they chewed the fat as to whether to offshore the whole business to a couple of chicken sheds in Bangalore. His theory that if all he had to do was process threatomatic letters and Stat demands then he’d be quids in. Miraculously he stumbled upon an advert for a new position, promising him more money than he had seen and the ad looked so short and to the point, ‘being only 1 whole sentence in length’ he thought that it was “punchy and to the point”. So he applied and sure enough was granted a telephone interview. Sitting in his lounge, hot, flustered and sweating, he waited by the phone for his interview at 10am sharp! 10, 10:15, 10:30, 11:00 and 12 came and went but no phone call came. He of course, went to speak with his wife in the kitchen and questioned the validity of the position (after using a dictionary to see if that’s how he should spell validity). She told him to call up the agency involved, but he didn’t want to, for fear of being accused of harassment. Deciding that he had no choice but to ring them, he returned to his lounge. Just as he started to sit in his circular, white cushioned wicker chair, he went to grab the phone. As his hand neared the phone, it suddenly rang, making him jump in fright from his half seated position, knocking the phone off the hook whilst he fell sideways into the new ‘indoor’ giant cactus plant that he’d bought really cheaply from some ‘fake special 20% off garden stuff weekend at some pointless DIY store’ . He shrieked with phone in hand as he announced something about pr**ks. He heard a voice on the other end of the phone. Suddenly realising that the other person must’ve heard his mutterings, he attempted to apologise. “Don’t worry” said the voice, you’re just the person for us. Can you start tomorrow?

That's great, thankyou.

1. Have original threato letter from Moorcroft stating balance to be paid £113.87 2. Have another letter saying payment of £13.87 received and balance owing is £100.00 3. Have another letter saying payment of £100.00 received and balance owing...(is blank).

Tomterm8, I have an old 02 account that was defaulted and closed 2 years ago. Unfortunately I no longer have the contract agreement. 18 months ago I had a letter from Moorcroft demanding full payment. I paid this and had a letter back from Moorcroft to say paid. Now here we are 18 months later and I have a letter from 02 saying that the debt has been assigned to Lowells......But I paid it 18 months ago! Called 02 but they refused to speak with me as they say debt is now not theirs and is with Lowells. If I can't CCA them because of the type of debt how can I ever prove that what Lowells are chasing is the debt I paid off all that time ago?

Found this: "If you have a Limited company you are limiting your personal liabilities. A Limited Company is a legal entity in it's own right. You are not personally liable for the company's debts, as long as you have traded legally or you have not given personal guarantees regarding contracts or suppliers etc. If things go wrong the creditors are paid out of the company's assets not from your own personal assets"

As far as I am aware, if you go bankrupt, any recent payments to your 'secured' loan can be overturned by the OR due to preferential treatment given that you've not been paying anyone else. As for the corporate Amex card...that depends on the original agreement. For example, we had them where I used to work and I should've and needed to have one, but, because the agreement was 'joint liability' with my employer, I too needed to be credit checked...and failed. If however your employer has sole liability, then your BR or potential BR has no bearing on the corporate card you hold.

Had a reply received on Saturday from Aktiv on 1 of my CCA requests. Aktiv have stated that given the age of the debt, they do not have nor have access to the original credit agreement and have closed their file regarding this account. The balance on the letter now states £0.00. Would this be £0.00 as far as Aktiv are concerned or £0.00 in the sense that no-one else is going to come chasing for this? Still waiting for the response on the CCA requests for the other two accounts.........

Hi, I am making regular payments to a company called CSL. Assuming it's the same company as yours, here are the details Credit Security Ltd Credsec House Oxford Road Stone Aylesbury HP17 8PL

Thanks for your replies everyone. I have been reading threads with great interest and I am not sure what do to next...as my circumstances with HSBC seem to be common with alot of people. 1. I had loan with HSBC and defaulted in 2006. 2. Nominal payment arranged with Metropolitan Credit Services 3. Payments going OK (although very small ones against a huge debt) 4. Letter received out of the blue the other day from HSBC saying debt sold to Phoenix s.a.r.l 5. Also letter received from Fredickson International (in same envelope as the HSBC one) saying that they are administering this on behalf of new debt owners 'Phoenix' who are acting on compartment with 'Tessera Recoveries. 6. I call Fredrickson and have issues with them wanting payments to be £313 per month. I asked then who owns the debt now and they said they and Phoenix do and the client wants this account cleared within 45 months. (But I thought they just said they owned it, so who's the client?) 7. I post on here and receive replies after Fredrickson advise bankruptcy after I threatened I would do it myself (Please note this was a threat to Fredrickson to re-negotiate lower repayments...I don't really want to go BR) 8. I call Metropolitan Credit Services who say debt was sold to Cabot and they have never heard of Tessera, Phoenix or Fredrickson. Should I just CCA these people?? If so, who do I CCA?? I know I owe the money and I've never denied that. Also the loan was taken out in 2004, but what's the likelihood that they (HSBC, Tessear, Phoenix, Fredrickson) will have a 'true copy of the credit agreement'? Or am I just chancing my arm!!...I'm really worried about all this...........

Hi and thanks for your reply. We have no assets (except car, but that's on HP) and we live in a Housing Association property. No of this was spoke about in the conversation though. The person I spoke to at Fredrickson did sound very very young and maybe just couldn't be bothered with my proposals?...Not that I'm saying all youngsters can't be bothered!!!

I had a very large personal loan with HSBC which I defaulted on and it still has a huge balance. It was being dealt with my Metropolitan Collection Services. I am currently unemployed and have been paying MCS a nominal amount of £19.23 per month. I know this is a pathetic amount considering how much I owe but at least I'm paying to the best of my ability. I have to say though that MCS have been very reasonable and didn't question my proposals (I used the templates from National Debtline for pro-rata calculations) however on Saturday I got a letter from HSBC and Fredrickson International....HSBC have apparently sold the debt to them. The letter from Fredrickson asked me to call them. I did so...Fredrickson have insisted that they now own the debt and want the balance of £14k paid within 45 months and therefore require payments of £313 per month. I proceeded to outline my circumstances and offered the same as MCS were getting and then offered to up this amount when I had found work. They again insisted on £313 per month. I then said there is no way with a wife, 3 kids and no job that I could pay that amount. I then said perhaps bankruptcy is my best option (expecting them to back down a bit), but they didn't. In fact they said, yes indeed, in our opinion, we would advise you to go bankrupt...they are insistent they get £313 per month....and I don't want to go bankrupt. What now?

Hi and thanks for the reply. I and my wife had lots of debts with First Tricity and DSG years ago and after looking at our old paperwork stored in boxes in the loft, I can confirm we owe the money. I can also confirm that we have no records of any payment made to First Tricity in the last 10 years, have had no contact with them in that time either and we certainly have never spoken to AK before. The 3 debts in question are 2 x £500 and 1 x £2000.00. They are offering 50% reductions to settle, (2 x £250 and 1 x £1000.00). They say that if we do not respond they will call in the solicitors!! As explained in my earlier post, these letters claim that we have written to them saying that these debts are statute barred. Their letters go on to say that "the Statute of Limitations' does not apply..............hence my point....we've never written to AK or spoken to them or claimed any statute of anything.........and I don't have 2 x £250 + 1 x £1000 to give them either!!

Hello everyone...my first post here so be gentle. Yesterday, out of the blue, I received 2 letters and my wife 1 (from Activ Kapital) for debts owing from over 10 years ago . The letters state that my argument for the 'statute of limitations act' does actually not apply in these cases. The thing is, I have never had a letter from AK before regarding these debts, and have not asked for any act to be applied. I've never spoken to anyone about these debts, so how they can reckon that I have written to them stating the debts are Statute Barred is beyond me Do I just reply asking for a copy of the original agreements? To be honest, I can't remember if we owe these or not. Any advice please?