Phoenix are at: Phoenix Credit Services Ltd Olympic House 6 Olympic Court Salford M50 2QP If Phoenix OWN your debt then Rockwell wont have the agreement and you could be going round in circles until you are 180. This is the reason I said for you to send the Original letter to Phoenix with a copy to Rockwell. Rockwell should have passed the original CCA request on to Phoenix.

Chickenlikken, Send the letter to Phoenix as they are the DCA that OWN your debt from what you and Lloyds say.. and COPY the letter to Rockwells, with a covering letter Something along the lines of Dear Rockwell ACCOUNT IN DISPUTE : I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY. I am in receipt of your letter dated xxxxxx . I am puzzled as to why Phoenix, knowing this account is in dispute and that they havent complied with my legal request for a signed executed agreement, have passed this on to you for collection. However this account IS in dispute and will remain so until such times as Phoenix have complied with my legal request. I enclose a copy of a letter that I have sent to Phoenix for your information. Yours faithfully. ********************************** UK1975's letter to be sent to PHOENIX Account In Dispute Letter Before Action Dear Sir/Madam, I refer to my recent correspondence with your company concerning this alleged debt, copies of which are enclosed for your perusal and ease of reference. As PHOENIX have failed to comply with my Consumer Credit Act request and admitted that the alleged signed executed agreement is unavailable, enforcement action is impossible under section 127 (3) of the Act. The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on ENTER HERE THE 12 +2 DAYS DATE and HERE THE 42 DAYS DATE respectively. As you are no doubt aware subsection (6) states: If the creditor under an agreement 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 as at HERE THE 42 DAYS DATE this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities. If PHOENIX chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action. After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines. Failure to respond favourably to this letter within fourteen (14) days of receipt will result in immediate litigation being commenced against your company without further notice. I also require a copy of your internal complaints procedure as further action may be necessary. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours Faithfully

Interesting reading x

Right, well now I am thoroughly confused. I am sure someone will come along and correct me if I am wrong... Lloyds have assigned your account to PHOENIX using Rockwell as collection Agents. I would say that you should have sent your letter to PHOENIX. I UK1975 has posted a letter for you to send so that is good news.

Chickenlikken.. who did you send the original CCA request to.. was it the Original credit card company or to Rockwell ?. If you havent been sent a copy of the agreement then the account is in DISPUTE and as such that is all you need to write to Rockwell. I have tried to find a suitable letter for you, but as a newbie myself, I dont want to give you duff information. Someone will be along soon to help you I am sure. DONT Panic. As Curlyben says in his earlier post No CCA = No enforceable debt. When you sent out your original CCA letter and received no reply in 12 + 2 days, did you send out the reminder which gave a further 30 days for the company to respond ?

Take out the bits highlighted in Red. As scarlet pimpernel says you are sending mixed messages. xx

Good luck for today Goldlady

Thanks Slick132. Recorded delivery it is

I hope you were doing something nice Thanks for the advice above.. will get on to the schedule of charges in the morning am printing the letters out tonight ready for posting in the morning.

bump

I felt much like you when I first found CAG but have been given great support and advice and now feel more in control. I am not the one to advise you being so new myself.. however, I would think you might be able to claim some of those charges back. Hopefully someone with more experience will be along soon to advise you. xx Chin up xx

That's the one..

There is a template letter on here that you can write to DCA regarding visits.. hold on a sec, I will be right back x

People read your thread and recognise they are unable to help you so they just type in 'BUMP' to move your thread back to the top of the list so that someone with more experience will notice your thread and reply

This is my amended draft of Curlyben's letter. Now... I am unsure as to whether to send it to Barclaycard and copy it to Mercers Debt Collections Ltd who are the guys chasing this at the moment.. or send it to Mercers and copy it to Barclaycard. Presumably if they dont comply in the 14 days I report them to Trading Standards and OFT should mercers continue with the threatograpms ? Many thanks for your advice xx Barclaycard 1234 Pavilion Drive Northamptonshire 9th March 2008 NN4 7SG ATTENTION: MARIA ROY COURT ORDERS AND DISCLOSURE CLERK LEGAL AND REGULATORY COMPLIANCE DEPT LRC Formal Complaint Letter before Action Dear Ms Roy Account No: XXXX XXXX XXXX XXXX With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request. On 12th January 2008 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference. You have failed to comply with my request, and as such the account entered default on 4th March 2008 The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed. 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 compliant credit agreement is a very clear dispute and as such the following applies. may not demand any payment on the account, nor am I obliged to offer any payment to you may not add further interest or any charges to the account. may not pass the account to a third party. may not register any information in respect of the account with any credit reference agency may not issue a default notice related to the account. Therefore this account has become unenforceable at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines. 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 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 await your rapid response. Yours Faithfully Copy to Colin Coombes Mercers Debt Collections Limited

Thanks Slick132, I will amend Curlyben's letter today and get it off tomorrow. Ref the enforceable Mastercard account. The overdraft/late payment fees have only been levied since October last when OH started to have financial difficulties.. so can he claim for them ?. Also for Mastercard, a much improved offer on the £1.00 token payment was made which Mercers have replied to say is not acceptable. I sent them back a letter basically saying 'sorry but you cant have what I dont have, other creditors have accepted and they have also frozen the interest and stopped adding late payment fees.. then please will you do so the same.'. I guess our only option if they still refuse is to let them take OH to court. !

LOL, will do Godmother x

Ummm.................... nope

You are very welcome. Thank you

LOL, sorry white nat.. not Who.. what !!.. LBA = Letter before Action. :grin:

Alternatively I have an origami book you could make a boat or a bird

Coffeesupper.. I am bumping your thread. Someone in the know will pick up on it soon I should think

Thank you for your reply slick132. I did send an amended version of the letter in #4 of Goldlady's thread to Mercers on the 29th January when they first started to write to me.. but it doesnt appear to have done any good ! as they still continue to send me the threatograms. So should I just hang fire and see what their next move is do you think?

It would appear that I am not going to get a sensible reply to my letters to Mercers or the CCA request to Barclaycard . The 2 + 12 + 30 days were up on the 4th March 2008 and I am still receiving threatograms from Mercers. The following letter was composed by Curlyben for Goldlady on this thread http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/122626-dlc-annoying-me.html And I was wondering, if suitably amended it would be of use to me. Comments would be much appreciated. xx ************************************* Quote: Formal Complaint Letter before Action Dear Sir/Madam, With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request. On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your purusal and ease of reference. You have failed to comply with request, and as such the account entered default on **DATE**. The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed. 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 compliant credit agreement is a very clear dispute and as such the following applies. * may not demand any payment on the account, nor am I obliged to offer any payment to you. * may not add further interest or any charges to the account. * may not pass the account to a third party. * may not register any information in respect of the account with any credit reference agency. * may not issue a default notice related to the account. Therefore this account has become unenforceable at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harrassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines. 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 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 await your rapid response. Yours Faithfully __________________

If they havent returned your postal order then they havent provided the information free of charge and you want what you asked for. Are you able to tell if they have taken it off what they alledge you owe them ?.