She signed it because she thought she'd be helping her sister in some way. Both me and my partner warned her not to send it off, but stupidly she did! I appreciate your reply, and I think that we'll seek to get her some legal advice before going any further forward. Thank you,

So do you think it's best to be more open and honest and state the reason for lying (I.e. To get her sister out of some **** (or so she thought)), and to also invite them to investigate any accounts of my mums so that they can physically see that no money has been received into her accounts? They also ought to investigate my mums sisters accounts cos then they'll see that no money left her account for the said amount. What would you do? Mum's ****ting herself now bless her, and I know she meant good, but she's just created bigger problems for herself

Thanks for your responses and for the merging of the two posts. Here's the letter that I've prepared to send back as I feel that we need to do something to try to clear this mess up: START OF LETTER Dear sir/madam, I write to you regarding the above reference number and in response to your letter dated X August 2014, as well as the request to put my dispute in writing as per my telephone conversation with your offices on X August. There appears to be a misunderstanding on your part regarding monies paid to myself by xxxxxxx [mums sister]. I lent xxxxxx sums of money during the course of c.5 years. She was a struggling single parent, and being a sibling I did what the right thing was to do at the time. All monies were paid back to myself by Xxxxx during the same time frame. Xxxxxx's bankruptcy has come at a time after monies were paid back to me; I was the rightful 'creditor' to her during the time that monies were owed to me, I have not received any additional payments during the lead to her bankruptcy, nor have I received any payments after bankruptcy was filed. Your request under section 340 of The Insolvency Act 1986 therefore does not apply and I firmly request that you seek such monies owed direct from xxxxxxxx herself. I am a 60 year old lady of ill health who no longer works, so you can imagine what effect this is having on my health when a demand is received on my doorstep for monies that I do not owe. As of today's date, I expect no further communication from you surrounding xxxxxxx's bankruptcy and I expect you to deal directly with xxxxxxx for any monies owed to her creditors. Should further communication be sent to me, I will be forced to take legal action against your company. Yours sincerely, END OF LETTER Any thoughts???

Hi all, Please can someone help with this? I write this on behalf of my mother. My mums sister recently went bankrupt, however my mum signed a letter from the insolvency service confirming that her sister had giver her £XXXX. The truth is, this didn't happen and my mum was purely trying to protect her sister. My mum now has a letter from Clarke Willmott which reads as follows: START OF LETTER Dear Madam, We act for the official receiver who is the trustee of xxxxxxxxx in Bankruptcy. Having considered the details provided by the bankrupt, the trustee has identified that you have received preference. The trustee therefore seeks to restore the position. The liquidator has this right under s.340 of The Insolvency Act 1986. A preference can be described in basic terms as a transaction which places the recipient in a betters siting than they would have otherwise have been in the case of the bankrupt's insolvency, for example, receiving payment of a debt ahead of creditors. We have therefore been instructed by the official receiver to recover the balance of £xxxx from you, being the value of the preference that you have received from xxxxxxx. You are therefore required to make payment of £xxxx. Any payment should be made to Clarke Willmott LLP quoting reference xxxxxx. Details of how to make payment are provided overleaf. If you believe you have a valid reason for disputing this claim you are asked to provide full details to ourselves, quoting reference xxxxxx within 14 days. Details of how to contact us are stated below. END OF LETTER As I said above, my mum has never actually received any money and was simply trying to help her sister, but by doing so has got herself in a spot of bother! What can she now do get out of this? I was of thinking telling them that there had been a mistake in communications to/from them and my mum and that the money was actually a loan to her sister which she repaid over a number of years PRIOR to filing for bankruptcy?? Any help would be greatly appreciated! Many thanks in advance,

So if I was credit searched say after 10 years, does this default effectively become 'invisible'?

Hi all, Can someone help me with this? I have defaulted on a credit card payment to Smile (co-op) and haven't paid them for about 5 years. Can I request that this default is removed from my credit file beings it was some time ago? If so, how? Many thanks in advance, Lee

Thanks for that rebel11 - I'll make sure she sends a letter to them telling them they can't visit her. She acknowledges that the debt needs paying, but she's not in a position to, so what can she do in that instance?

Hi, I wonder if anyone out there can help, or advise what letter to send to the above? My niece (stupidly) took out a phone contract for her friend. They had a big fall out and my niece has had to put an end to the contract and a block on the phone. This has left her with a huge outstanding bill of just over £900. She has today received a letter stating the following:- "We regret to note your account with Telefonica O2 UK Limited for £xxx remains outstanding. You were informed in our last correspondence of impending further action. As a consequence of your failure to contact us and agree a resolution to this long outstanding matter, we must advise you that we are left with no option other tan to consider a personal visit to your home address in order to discuss and agree repayment of the debt." My niece is 20 years old and lives at home with her mum, so if they were to visit and think that they might take a certain valuable item as payment, then they'd be disappointed as my niece doesn't own anything in the house. In addition, my niece is out of work, so couldn't pay the debt even if she wanted to! I'd love her to be able to send the debt collectors around to her friend's house and get that stupid b**** to pay it, but can they enforce anything upon her as she's the one who run the debt up? I doubt it as it's all in my niece's name! If my niece was to offer say £1.00 a week, do they have an obligation to accept that? If so, what letter template can I use to send off to the debt collectors offering some form of payment? Thanks for reading, and thanks in advance for your help.

Thank you Silver Fox!! Will send it to the PO Box address then.

Last question before I send this off tomorrow... The address at the top of the letter from Fredrickson is a PO Box address - I can't send a recorded delivery letter to a PO Box address can I?? There is a registered address at the bottom of the letter which is in London (whereas the PO Box address is in Surrey) - so should I send it to the registered office address instead? Thank you all so far for your help! Regards, Lee

Is this the one I should send? Regards, Lee Dear Sir/Madam You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves. I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name). I am/we are familiar with the Office of Fair Trading debt collectionGuidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods. Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment. I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question. I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions. I/we look forward to your reply. Yours faithfully

Thanks for the info - but is there a letter within the template section that I should state the above on? Or should I literally just knock something basic up? Regards, Lee

Which letter in the templates section should I use? Thanks, Lee

Hi all, I've received a 2nd letter from Fredrickson International Ltd, this time it actually has details of who the debt is owed to! Here's what it says:- "Re Brand/Product: Additions Direct Balance: £800 (just over!) Our Client: Phoenix Recoveries (UK) Ltd S.a.r.l Dear Mr X, DO NOT IGNORE - IMMEDIATE PAYMENT REQUIRED We are instructed by Phoenix Recoveries (UK) Ltd S.a.r.l to collect the above debt which is now seriously overdue. You have failed to pay the balance of £800 (just over!) which remains outstanding despite previous repeated requests for payment. Our client now requires payment in full to avoid further action. YOU MUST CONTACT US IMMEDIATELY ON 0845 0349701 to discuss the matter further. Payment should be made to Fredrickson International Ltd quoting our full reference number. For your convenience, payment can be accepted by Maesto, Delta, Credit Card or Cheque. This is a serious matter and you may wish to seek independent legal advice." Now.....I do recall owing Additions Direct Catalogue a sum of money, but can't remember how much! It's been a good 3 or 4 years since I made any payment! What steps should I take next? I can afford to pay it (on my hubby's credit card!!), but of course I'd rather tell them to politely F Off if I can!! What should I respond with? Thanks for your help! Lee

Hi all, Out of the blue today, I received a letter from a DCA called Fredrickson International Limited, and all it says is the following:- "Dear X We have been instructed to collect the outstanding balance on the above account. We have made tracing enquiries for confirmation of your current place of residence and information has been received confirming that your address details have changed to this address. Please contact us immediately on 0845 0349711 quoting the above reference." It seems a bit strange to have received this, it DOESN'T mention who the debt is owed to, and the reference number on the letter has no relevance whatsoever! I'm not going to call them as I don't want to open a can of worms! I do owe Barclays a sum of money for a loan which a PREVIOUS debt collector tried to collect about 2 years ago, but they couldn't supply me with a copy of my signed credit agreement, so they wrote back saying they had closed the case. I also owed Smile a sum of money for a credit card, but haven't paid that for about 4 years or so nor have I ever heard from anyone chasing any payments! So what advice do you guys offer? Shall I just ignore it and see where it goes? Regards, Lee

When we moved in originally, we didn't apply for any exemptions, the bill just came through like that! We DID query the bill at the time, and they sent us a second bill, again stating that we owed £0.00 - they have admitted to being in the wrong. So my gripe with this now is that I don't see why I should be forced into paying something when I've been told TWICE that I owe ZERO, and in effect I'm having to pay double what I would normally have to pay. In addition to this, remember that we've never seen a bill for our house relating to council tax, other than the two that said £0.00 on them.

Hi all, I wonder if someone out there can offer some advice / guidance with this little situation... We moved into our new property 1st May 2009 and had our council tax bill through a week or so later which stated that our council tax charge was something like £1500 for periods 1st May 2009 - 31 March 2010. Then, underneath the charge it said "property exemption" with the same dates shown, and a minus figure of the same amount, therefore our balance owed to the council was £0.00 !! (great!) We then got a letter last week stating that we hadn't made any payment and basically they were taking us to court! Bare in mind that we had no communication PRIOR to this other than our initial bill as outlined above. So, we sent them a snotty letter back with copies of our initial bill for £0.00 from them, and basically told them that we've never had a bill stating what our monthly instalments are meant to be, neither have we ever had any sort of letter chasing non payment. We got a letter back from the council apologising, and basically saying it was their mistake cos they sent a bill to our OLD address and it wouldn't have been received by us etc etc, they've cancelled the whole court proceedings etc - so all of this is really good.... THEN - yesterday we had our 'revised' bill through for our council tax which is for just over £1500 for periods 1st May 2009 - 31st March 2010. The council are basically wanting us to pay £260 a month starting in October! Although money isn't an issue and we can afford to pay this, I don't see why we should HAVE to pay that sort of money out every month due to their mistakes! I don't dispute that council tax needs to be paid, and I will quite happily pay a regular amount each month, but I disagree with them expecting us to pay the back-dated council tax due to their lack of competence. So, if I write to them and tell them that I'm only willing to pay £150 a month (as this would be the normal monthly amount) and tell them I can't afford £260 a month (yes I know I can but they don't need to know that) and that they'll have to recoup their losses some other way than inconveniencing my pocket, how do you think that will go down with them? Any advice would be greatly appreciated! Thank you, Lee

hahaha!! Ok I'll do that! Thanks!

Hi all, Regal credit today finally sent me my agreement that I had with Barclays, despite the letter I received preivously from them in post number 3 above. The agreement was only accompanied by a compliment slip, no letter asking for payments or anything like that. However, the agreement they sent me is only a RE-PRINT of the agreement, and not an actual SIGNED copy!! As there was no letter or anything that came with it, should I basically just forget it ever arrived in my post box, or should I send them a letter back stating that they are still in default, and that I thought it was gonna be the last time they were going to write to me (according to the letter in post 3)!!?? Regards, Lee

Hi all, I live in the south west, and on Friday we were hit heavily by snow. As a result, I was unable to get into work as the roads were not gritted, and were very dangerous to drive on. I did attempt to try to get to work twice, once as it was snowing, but didn't get far before having to turn around and go home, and once again a bit later on after it stopped snowing and started to thaw out, but roads were still as bad, and people were still struggling going up and down hills, so decided not to take the risk and go home yet again. My other half seems to think that he heard sommat on the radio about your employer not being able to stop your pay for not being able to get into work due to weather conditions - is this correct? Any help would be greatly appreciated as my employers can be arseholes at times!!

Wooo hoooo! Excellent! Well if anything else crops up afterwards, I'll deal with it as and when! So am I in a position to have the my credit file 'repaired' and have anything to do with this account removed from my name with Experian / Equifax etc? i.e. have late and no payments taken off my file?

Hi All, I have today received a letter from Regal Credit Consultants in response to my letter above. It reads as follows... "Thank you for your letter dated 20th of this month. Upon receipt of your earlier letter we made a request to our client for the documents you requested. We have sought an update regarding the progress of this process without success. In view of this position we have closed your account so you will receive no further communication from us regarding this matter. This is our final response, should it not be satisfactory to you, the matter can be escalated via the Financial Ombudsman Service. Yours sincerely, Nigel Rutzler Collections Director" So what does this mean? Does this mean I won't have to pay the debt, or does it simply mean that they'll refer it back to Barclays and they'll sell it on to someone else? Or will Barclays have no alternative but to write the debt off? Thanks, Lee

Hi all, I'm starting a new thread to my problem as the last thread was getting a little messy, so sorry to those who have already read / replied. I sent a CCA letter to Regal Credit on 21st December, and they replied by saying that they will request a copy of the signed agreement from Barclays. To date, I have heard nothing, except for this letter which arrived yesterday... NOTICE OF SALE We have made every effort on behalf of our client to contact you in order to come to an acceptable agreement to clear the above liability, without success. This letter is to formally advise you of our intention, in 14 days, to pass your account back to our client with the recommendation to them for the account to be sold. The impact of this to you will be that whilst the interest has been frozen during the period of our management of your account, this will be applied retrospectively and the full fees and charges detailed within our clients 'Terms & Conditions' will be added to your liability. We are familiar with the process of the businesses that purchase debt from our client, their actions include extensive use of the Courts (including exploring all methids of Executing a Judgement) and/or a Collector will visit your home to duscuss this matter with you. We strongly recommend that you contact us IMMEDIATELY to put in place an affordable arrangement plan before the account is no longer under our control. Yours faithfully, REGAL CREDIT CONSULTANTS LIMITED Legal Department I am planning on sending them a copy of my original CCA request, along with a copy of the letter they sent me back stating that they were requesting the info from Barclays. I'm planning on attaching those letters to a 'account in dispute' letter. I've amended the letter slightly, so could someone just scan over it and make sure it'll be ok to send? I want to get it sent off this morning...(Items in bold have been added by me)... Dear Sir/Madam Thank you for your letters of 22/12/08 and 16/01/09, 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 16th December 2008, I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79). A copy of this letter is enclosed for your reference. On 21st December 2008, 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. These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974. Inmy letter of the 16th December 2008, I made a formal request for a copy of the signed, executed credit agreement for the above account under section 78(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. To date, the only correspondence I have received from you regarding my request for a copy of the signed agreement is one dated 22nd December 2008, stating that you were “in receipt of my correspondence” and that you had “requested this information from our client”. A copy of your letter is again enclosed for your reference. I have today received a letter from you of a “Notice of Sale” of the alleged debt. As you will be fully aware, a credit agreement that is in dispute cannot be sold onto a third party. The 12 working day limit has expired, and you have been unable to supply me with a true signed copy of the credit agreement, and 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. 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 indispute. 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 So folks - would that amended version be ok to send?? Thanks for all the help, it's much appreciated!

Can anyone help? Is the letter above ok to send to them? (sorry about all the rubbish it came up with! Don't know how to get rid of it on here!!) Thanks, Lee

P.S. - Sorry about all the font rubbish that it's come up with, I don't know how to get rid of it!! And it's only the longer sentences in bold that I added, not the odd word!! lol!