subscribing

re your bit about "confused about the "written off" bit. I would suggest that they have SOLD the debt onto someone else for a reduced figure and have written it off in their books, but as another company has purchased the debt, it hasn't been written off in theirs.

Get the request off recorded delivery TODAY!!!!!

Have they actually taken you to court over this debt? Does a council tax debt work the same as a CCJ does anyone know, that if it's likely just the DCA's "licensed field agents" rather than court bailiffs, they have no powers whatsoever?

That is correct, but you were given a template letter to fill in and send recorded to Red. Did you send that?

what can I do if they don't comply with that? (and thanks for your answer, seems there's too many needing help and not enough experts on this site at the moment )

I still have had no response from Moorcroft despite going via their website facility, sending them a letter, and requesting over the phone. What can I do to force them to send me a list of the charges they've been adding? (It is on a CCJ so non payment is not an option!)

This was the letter I wrote to Debt Managers Ltd after having the exact same letter from Littlewoods. Dear Sirs Your reference: xxxx Account due to Littlewoods Home Shopping Group Client Reference xxxxx Thank you for your letter of xxxx acknowledging receipt of my request. I have since received a letter from Littlewoods (copy enclosed) dated XXXXX As you will see from the letter from Littlewoods, you have failed to respond to my legal request to supply me with a true copy of the original Consumer Credit Agreement for the above account. On the 15th June 2008 I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79). To date you have failed to comply with these requests 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. 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. A 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 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 I received a letter back shortly after telling me my account had been passed back to Littlewoods

From looking at what you have written, you need a solicitor. Most of the issues here are for consumer law. You seem to need a specialist in employment law.

Blimey Littlewoods seem to like to spread their debt collectors around.... mine was with "Debt Managers Ltd" in Edinburgh.

The court would have sent a pack to you which you should have filled in and returned either admitting or filing a defence. Do you ever recall seeing something like this? (had you perhaps not been opening your post in case it was a nasty letter?)

If it's from the courts then surely it will have a case number? Ring up the court and find out when judgment was entered, how come you were not notified etc etc. (and surely if it's from Lowell and not from the court that contravenes possibly every guideline in the book and serious complaints can be lodged about Lowells?)

Just an update, despite asking THREE TIMES, once by phone, once by letter and once via their website over the past 2 weeks, I have yet to receive a list of the charges they have added to the account!!!!

So they keep saying they aren't attending. They obviously aren't expecting people to go and get their SDs set aside. Aren't the courts getting sick of Connaught keep doing this???

can someone confirm that an SD expires after 4 months, in which case mine will expire on 2nd September I've just read. If they did petition for bankruptcy I'm assuming that I would have a hearing before a judge before this took place? (not knowing how to do the set aside thing, but I have all correspondence from 2004 showing I believed it to be paid and also accepting their offer of £350!)

Was thanks to all you wonderful people at this site

Just an update - DML have closed their file and returned the account to Littlewoods ! OOh.. I wonder where it will go next

Oh no not page 2 already...!

Have alerted my post

I had one of these recently from the same people. I thought the SD was another of their fakes though (having had one before). I faxed them the info I had (the debt was under £750 as per a letter they had sent offering £350 which I had accepted by return and given a credit card authorisation in 2004!!!) I then had the "we are now in a position" letter! Last week I had another letter from Dmitriz whatever solicitors saying they'll offer me a reduction of £200....! Should I assume from this that the SD hasn't been presented in that case? I am going to write to Dzimitrowicz AGAIN with the letter I sent them four years ago giving them payment details agreeing to their £350!!! What if I suddenly hear about the SD though? I've no idea what to do then!

My nosiness is going to get the better of me... Did you have any reason to believe the agreement was not legal then? (Just because most of us who are doing the CCA route are in the hands of the dastardly debt collectors already and having problems!)

When did you apply for the catalogues? Were they after the 2006 regulations came into force? If so, they allow for online applications to not have CCA's and still be enforceable!

In the most basic terms, they have said they are unable to find an agreement, you have it in writing, so until they can find one, enforcement not possible. (I believe if it went to court, that true copy they refer to would HAVE to have your signature on it!) HOWEVER, when was this account opened? Was it opened online (the 2006 regulations don't require a CCA for electronically created agreements...) Others will probably be able to go into more complex reasons. These are the basics I have so far gleaned from reading this site.

Simple answer is yes. The enforcement part is for the most part regarding taking you to court. They cannot enforce whilst they don't have an agreement, but as soon as this agreement is found, then they can enforce, as the reason that was preventing them from enforcing has gone away.

So you did pay the right amount to the court by the required date? Did the court say you should pay them or the DCA direct in their letter?