Looks like we all are, brother.... Use your rights, dont let em get you down!!

Also just noticed that the envelope was stamped from Glasgow AND the return address is Glasgow at the very same address where are dear friends BCW reside.... The letter from GPB is not an original, its a copy - is masquerading as a solicitor legal?

What does the alleged debt relate to (secured or unsecured) When did you get the CCJ?

Stay cool, kick back and drink a brew. What ODC said would have been the icing on the cake but the letter provided should shut them up. If they keep sending letters, keep everything - all correspondence and proof of deliveries etc. Report them to TS, OFT, get a copy of their complaints procedure and USE IT then report them to the FSO. Do unto them as they do unto you, cause them hell...

I sent the letter recorded and it was delivered (proof by Royal Mail). On the same day, a letter was dispatched by Geoffrey Parker Bourne solicitors from Warwickshire. The letter threatens that I have 14 days to arrange repayment or they will issue legal proceedings against me (which would be hilarious!!) I will give them an opportunity as the threat-o-matic letter by these monkey solicitors was sent on the same day as buchanancock + wells received their prove it letter If I get anything more, I'm going to provide them with notification that while the account is in dispute, each letter I am forced to write will be followed by an invoice for writing said letter, I WILL follow these invoices and progress to small claims court if necessary Take legal action BCW group, would love to see you in court!!

doh, ODC is a voice of authority here.. ODC, do you have a link to a template or anything?

Please post back when you hear more

Send this one.... --------------------------------------------------------------------- Dear Sir/Madam, Acc/Ref No 1xxxxxxxxx You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” I would also point out that the Office of Fair Trading say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”. The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed. The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”. Your last communication is a notice of intent to issue a county court claim. The OFT guidance states that you should not attempt to mislead me by saying you may take legal action against me when you cannot. The FraudAct2006. “Fraud must give a gain of money or property” The Act creates a new general offence of fraud with three ways of committing it, one of these is: Fraud by false representation Section 2 Fraud by false representation (1) A person is in breach of this section if he- (a) dishonestly makes a false representation, and (b) intends, by making the representation- (i) to make a gain for himself or another, or (ii) to cause loss to another or to expose another to a risk of loss. (2) A representation is false if- (a) it is untrue or misleading, and (b) the person making it knows that it is, or might be, untrue or misleading. (3) "Representation" means any representation as to fact or law, including a representation as to the state of mind of- (a) the person making the representation, or (b) any other person. (4) A representation may be express or implied. (5) For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention). Your letter dated 31/10/07 in which you state that you are preparing papers for court to be served upon me is a breach of OFT rules and the guidelines of the Civil Court Users Association, of which you are a member. The letter is also an attempt to enrich yourselves by making a false representation in that you may use the Civil Procedures to take action against me. Such behavior could be fraud as defined above. I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter. If you continue to harass me I will take action against you in the County Court for damages, and costs in dealing with this matter. I will also lodge a complaint with the OFT, Leeds Trading Standards and the Financial Ombudsman. Whilst I appreciate this would not deter you from your potentially illegal actions there is the chance that if enough consumers make valid complaints you may get your Consumer Credit License revoked. Additionally you are required to remove any default or registration with any credit reference agencies which you have made. If you fail to comply with this within 28 days, I will take action in the County Court against Lowell Financial and Lowell Portfolio I Ltd for breach of the Data Protection Act. Finally any attempt to use civil procedures to obtain monies from me will be vigorously defended as an abuse of the legal process. A counterclaim for damages will be issued together with a claim for full costs. I look forward to your reply. Yours faithfully

No probs and glad to see the Royal Mail ref gone!

AS the debt is statue barred, continuing is chase is both unlawful and can only be a decision by the DCA to harass the alleged debtor Yep, they are ****... do a search on here, I've read some pretty strongly worded letters however cannot find them EDIT: Mate, get rid of that reference number in your previous post, the DCA's search this forum and can ID you by any personal reference!!!

So far, I've looked into a few things. Before charges can amount, I would need to make the DCA aware of the charging model and describe the service/product offering, I would need to present this to them outlining payment terms etc. On presenting the invoice, I would need to state the payment terms, standard 30days If invoice is not paid then the invoice would go into a resolution period of 14 days. If invoice is disputed, then same 14days applies Following this period, a 'Letter Before Action' would be sent (I have the draft), again 14 days to resolve. When invoice is not resolved, I would process the court application online and attend court to try and obtain invoice total and all costs. If I lose however, I would pay the DCA's cost Currently Unknown: When would I provide the initial invoice? What are the legal terms that need to be supplied when presenting or warning of charges of service? Is there any legislation that exempts charging of services whilst reasonably disputing liability of alleged debt? Can anyone help on drafting the letters? The driver is that these companies can pretty much do what they like, to hit them financially and lawfully may help them change their direction a little. If you can help, please post up... Please someone shout if this all sounds a bit stupid?

Have you checked the proof of delivery to ensure that it was delivered? If so, write to them again containing all correspondence and outline you next actions (that of harassment - there is a template somewhere, can someone post it??) What a bunch of ****

I've started to look into the intended process to ensure any charges and method of applying charges are lawful, fair and are processed in such a way they can be used in court. I'm also looking into timescales and methods Will update as soon as I know more

I'm presuming you are on the electoral register have current commitments and dont mind people knowing your current address etc, if not Experian will retain your latest address which may be shared with anyone who wants to interrogate it

Tell em to get lost, ask them to provide either written acknowledgement or proof of payment made within the last 6 years, if not the debt is statute barred and is therefore unenforceable. If they continue to chase then report them to Trading Standards and OFT... Dont pay anything to em

Nothing! Its just another letter sent in order to get you to contact them (good cop bad cop). The balance has already been inflated so its just probably to offset it! See the above post, do nothing!

Ignore it and await confirmation of the letter ODC provided (which I hope you sent recorded and got a print out of the POD) Has the original DCA gone past the 12 + 2 + 30 days limit? If so then there is a template on here somewhere (can someone post it??) which you can send to give them a beasting, also MAKE SURE you report it to Trading Standards!! Whilst the CCA request is outstanding with the original DCA - the debt cannot be legally enforced. Sit back and crack open a brew....

Bet that rocked them, I'm sure they would not like many caggers to start doing that!!!

Thanks for your post. In respect to charges I agree these would need to be fair, representative and relevant and I agree that the best outcome is a letter stating the case is effectively closed. My time however is not free and incurring cost to cover underhand activities should not go without recourse. I agree with you about following procedure, the only question is at the end of the process, if I were to provide a statement for the DCA, they could argue that they were not informed and *may* not have continued correspondence etc The thumbs up from TS and FSO would be great to use in court when presented invoice is not paid I know it may seem like its just anger talking but has the above been tested before, if so what was the result? Many thanks

Awesome, today I'm sending a prove it letter and will await a response. Dependant on the outcome, If I then have proceed with statute barred or a CCA request I will modify the letter to inform them that for each response following the request and up until such time that evidence is provided there will be a charge and will present said charges and payment terms to them, that way they cannot argue they were unaware. Of course, they will not pay however once an invoice has been issued it will remain open until such time that its disputed or paid. How would I proceed with court action to enforce payment of the invoice?

This may be a stupid question but I'm going to ask anyway. With DCA's phishing and making demands without providing evidence, how would I stand in summarising fair costs (postage, time spent investigating etc etc) and sending an invoice with payment terms to the DCA, once they exceed terms they go into a notice period before I take court action with a view to get the DCA a CCJ An example is if the DCA does not conform to a CCA request and commits a criminal offence, is this an opportunity to invoice them for each additional letter you have to send in response to the threat-o-matic letters? Sure I'm not the first to ask but what would stop me doing this? Thanks

Oh the joy, will get it in the post recorded 2nd class tomorrow then update as soon as I hear something. Anyone have any experience with Mackenzie Hall?

Received a little letter from Mackenzie hall today regarding an alleged > £6k debt for original creditor of Barclaycard Masterloan. I have no idea what this alleged debt is or where its come from. Mackenzie hall have been kind enough to provide a standing order mandate requesting sums of cash per month. I presume a prove it letter is the next step... Any hints/tips about dealing with this **** would be great, yea right Thanks

Excellent news! Letter sent recorded delivery, will print off royal mail proof of delivery when it happens and sit back n await the response! Will update as soon as I hear

Great, thanks for the heads up. Will do what you suggested if they continue to contact me. What is the likelyhood of getting it in writing from them confirming that they will not chase? Thanks for your continued help!