hi, yes i have copies of all the letters and receipts of the postage and postal orders stating what was required and what the payment was for. so there is no chance of them claiming anything else. the postal order was even written on the back to state what it was to be used for. i did send an account in dispute letter a couple of days ago as i did not see this post. but this also contained copies of the original letters and stated that they had misused the fees supplied. will keep you updated as to what is going on. thanks

yes, they replied in august, but the paperwork looked a bit suspect to me with the T&C's that were attached (see my post for the 2nd August) I will be sending of the SB letter in due course, but was trying to backtrack to see if there was any communication with them after july 2005

Hi, it is because the credit report i had for may 2011 was £1 more in the outstanding amount than the one i recently downloaded in august 2011 following the cca request. so they took the cca payment for that and not the original request. the debt was defaulted on 26 September 2005, but i would have spoken to someone following that date when trying to sort out the debt. which is why is could have been close to the sb date. the letter was sent from Credit Resource Solutions Ltd, acting on behalf of Lowells. I have copies of the original receipts for the postal order and the recorded letter that was sent previously.

Hello all, I sent of a letter to a DCA on the 27th June for a copy of the credit agreement etc. It was sent recorded with a postal order to cover the £1 charge for the request, and i also wrote on the back of the postal order that the payment was for the CCA request only. Since that date, they have not written back to me and also looking at a recent update to my credit history report, they may have taken the £1 to use as payment towards the debt. No one has written to me to confirm this or not. I know i need to send the account in dispute letter, but what should the wording be on it as it looks like they have failed to what was requested under the CCA letter. There is also the possibility that the account could be SB in a couple of months as well, so i'm guessing that this was done with them getting worried about the SB status. thanks

sorry DonkeyB, missed your post, SO they need a copy of those from 1997 and also at the point it was passed to the recoveries dept.

looking at other details on this site, the following appears under the OFT docs "However, the reconstituted copy must be a 'true copy' of the executed agreement. It must therefore contain any terms and conditions which were contained in the original, together with all the prescribed information and statements of protection and remedies required by the Consumer Credit (Agreements) Regulations 1983 that were set out in the executed agreement. The creditor or owner must ensure that it gives the terms and conditions applicable at the time the contract was executed. It was held in Carey v HSBC Bank plc9 that, subject to spelling mistakes and similar discrepancies (described as 'low level omissions'), only those matters listed in regulation 3(2) of the Copies of Documents Regulations could be omitted." so by providing a copy of the T&C's from 2005/2006 does not constitute a valid document as these were not the ones at the point of when the agreement was executed.

rereading the docs, that what i thought. if they reconstitute the T&C's does't it need to be the one's that were in place at the point of account opening, not the last's ones prior to sending it out to recoveries? I'm sure they would have updated the T&C's over the space of 7-8 yrs

they sent me a photo copy of the original application with a sticker (attached by BC, blocking out half the declaration and authorisation statement and a copy of the latest terms and conditions of the account prior to it being transferred to the recoveries department, which would have been around 2005/2006. does not look like the terms and conditions at point of application or account opening which was 1997 the last payment was to BC in June 2005. Thanks

hello all, they sent back the CCA paperwork, which i got yesterday in the post, and on first look appears to be correct, but dispute the outstanding amount What i need to check now is that i think the debt is now SB and will follow up with a SB letter. what i need to know is if the following will affect it's SB status. 1) I never acknowledged the debt when requesting the CCA 2) I have never spoken to them ever and the last payment was in may 2005 to barclaycard 3) When I send the SB, if the debt is not covered by this because i miscalculated the date or something, what happens then, and will sending a SB class has acknowledging the debt, even if I add the "Do not acknowledge this debt" at the top of the letter? Thanks

keep turning the handle till something pops out

the letter did state that all collection activities on the account will be stopped until they have the paperwork. Also i think it may be SB around 22nd July..

yep, also what i don't get is, if you sell on a debt to someone else, do you not provide all the paperwork to go with it when you sell it on?

received a reply this morning from HFO, they have said they received my request safely and will order the documents from the original lender and send them on to me once received, BUT this may take up to 12 weeks due to high demand. it is then only signed "S" any thoughts?

seems like a loophole in the system if they can continue to trade on an old licence which may be revoked, but then apply for a brand new one in the process, wouldn't the OFT bar new applications from existing companies that may be revoked...or is this bureaucracy in action here

coledog and pgh7447, my yin and yang