I've now had a letter saying this account is to be passed to Reliable Collections. Oxendales have: failed to provide a CCA, ignored the telephone harrasment letter and totally ignored my subsequent complaint - now this. I can't say this latest overly concerns me, the photo copier will be getting some use, and the cost of another Special Delivery but hey ho ... Aren't Reliable internal anyway???

Yes, I've had a few of these lately too (the silent ones!).

Bear in mind you did consume some gas if not £800's worth! I can't really advise on this as it is not something I plan to do myself; the general forum concensus seems to be against the idea. Perhaps someone else has more info on claiming payments back??

I would use the letter which has been suggested on your other thread, are they both about the same alleged debt?

I feel I must point out the Consumer Credit Act 1974 does not apply to Utility bills so this letter should not be used. Zazen.

The negative equity map of Britain: Are you in one of the top 10 areas at risk of sub-prime debt? | the Daily Mail Interesting... I like this comment :'All those who thought renting was "wasted money" will be proved wrong soon.' It has actual advantages when you hit a financial crisis.

spamheed Thank you for the correction, you clearly know a lot more about this than I do, despite me working within the industry. I will refrain from trying to help vis a vis utility companies in future and leave it to you!

Many years ago I was overpaid HB for quite a lengthy period despite me advising them of the error repeatedly. To cut a long story short I eventually let it go to court and then paid it back at a rate I could afford. I would contact the DCA and advise you will do the same unless they accept your offer, pointing out if it does go to court you will then make a much lower offer which the court will oblige them to accept. I would also enclose your first payment advising that you will view it as acceptance of your offer if they do not return the money to you. I would guess the average DCA is too greedy to give any payment back.

Unwanted Advice

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Don't poke the sleeping tiger

No-one here is looking to make a profit; I started out helpless (thanks for the SD threat Conartistes it got me off my back side and onto this site!) Now I feel able to help others a little and will no doubt be needing more help myself in the future - although my lot have gone quiet of late - probably famous last words...

I thought it had been hacked!

Yes I have a huge word document entitled 'Useful Stuff' with bold headers above each thing saying what it is so I can whizz through and find what I need. Anything I have used or might need goes into it.

Account In Dispute Ref: Dear Sir/Madam Thank you for your letter of xx/xx/xx, the contents of which have been noted. You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79). On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date. To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents. These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974. In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account. Furthermore You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence. These limits have expired. As you are no doubt aware section 78(6) states: If the creditor 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 this account has become unenforceable at law. As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment. Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data. Furthermore you 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 applies. * You may not demand any payment on the account, nor am I obliged to offer any payment to you. * You may not add further interest or any charges to the account. * You may not pass the account to a third party. * You may not register any information in respect of the account with any credit reference agency. * You may not issue a default notice related to the account. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully BLAH Edit as necessary and credit to the person who composed it (not me)

To my understanding there is nothing to set aside at the moment as only a 'threat letter' has been received and we know how many of those they send out.

I expect so, 1st Credit seem to be without conscience or intellect when it comes to making threats; they are also selectively blind and deaf. I would remind them they have not complied with your CCA request and confirm any vexatious SD would be set aside. Also report 1st Credit to the Trading Standard Office as per OFT guidelines Section 2.8k ‘not ceasing collection activity whilst investigating a reasonably queried or disputed debt’.

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I've had another '28 more days needed to investigate your complaint' letter from LTSB Mastercard now - it seems to be in a holding pattern. Still no response to my CCA request made at the beginning of January, at least they have stopped phoning and writing. This was an Accucard mastercard originally and I suspect they did not buy in the paperwork when they took over. I send copies of all previous correspondance when someone new steps in; just so they know what their dealing with - I've had to invest in bigger envelopes!

Typical 399.7% APR Blimey.