Thanks. Hopefully that's the case!

It is just a one sided photo copy of an application form. I'll dig it out and see if I can post it up. I did inform them they'd only sent an application form and sent an FOS complaint letter but the OC's in-house DCA's just assigned it to various other DCAs who hassle me for a while and then someone else has a go. I know the OC is breaching various OFT regulations by passing the account(s)on when in dispute and they've also attempted concurrent colletion, but I'm not really bothered about the collection activity unless it becomes legal. I've also had full and final offer letters from the OC recently so I'm assuming they still own the account(s) and perhaps they sent them because that they don't have any agreement?

Thanks for the relpy Bazooka. I guess where there's a grey area and I'm still confused is where I've been sent an application form. Haven't some of the recent court cases related to what does/doesn't consitute an agreement?

Hi All, I've not posted on here for a while as I thought I had my situations under control. However with all the recent high court judgements relating to CCA I'm now not so sure. Generally speaking (I can go into specific detail if required) I have alleged credit card debts from the late 90s. I ran into financial difficulty around 2001 and started making nominal payments via a commercial debt management company. I dropped them around three years ago and made direct CCA requests on all of the accounts. This has stopped collection activity (for the time being) in some situations, but not in all. My question is where I have made a CCA and SAR request and only been provided with either an application form (without prescribed terms) or nothing at all - is it now more likely that I'll be pursued in court or do I still have a defence? Also typically how long after they default on a CCA request does it take a creditor to commence court action?

They need to arrange an appointment before they visit and with your consent. They have no more right of entry than the milkman. Write to them and tell they they don't have your authority to visit and if they do turn up tell them to do one, and call the local Police if they don't.

Had a reply informing me they were removing the account from their system!

Just proved to me what a waste of time the OFT are and why DCAs are rarely bothered when they're mentioned.

Thanks for this. I have CCAd both the original DCA and SARd the OC. I have also sent a FOS complaint letter and CCA request to the new DCA. Never had anything but an application form but now they are threatening an SD. I just wanted to be clear on the grounds I can have it set aside on.

Thanks for your replies. I thought that if a DCA was collecting on behalf of the OC that they had equitable assignment meaning they are acting on the OC's behalf but don't actually own the debt, so the OC would retain absolute assignment. Also the OC should notify a creditor of any change of assignment? I've never had any NOA. The second DCA only emerged about a month ago. If I did receive a default notice it would have been several years ago. If I made a SAR I assume that copies of of any such notice and a copy of any default notice issued would have to be included with the information supplied by the OC?

Hi. No it's not statue barred

The account relates to a credit card

I didn't receive any notice of assignment with the SAR paperwork sent through, so I'm assuming it's still owned by the OC. The account dates back around 10 years but has been in dispute for about nine months

Can anyone help with these questions please, as I'm expecting to receive an SD soon and would like to start putting my defence together.

Advice needed please. I sent a SAR to an OC last year. When it was returned there was no credit agreement, no Default Notice and no Notice of Assignment to the original DCA. Since them it's been passed to another DCA after the original one failed to comply with my CCA request. My question is should this information have been supplied by the OC when I made the SAR and should I receive a new NOA each time the account is sold on? Also how strong is their case without them? I believe that the OC still has Absolute Assignment as both DCAs have referred to "their client" in their letters.

I'm sure someone else will confirm but my understanding was that they had to petition for bankruptcy after 21 days of serving the notice. I'm not sure that they can file almost a year later.

Doesn't an SD need to have court details on it?

You can get an internal complaints letter from the National Debtline website which outlines the process. You should make your complaint on the grounds that they are attempting collection on the account despite it being in dispute. If they don't comply within 8 weeks they can be reported to the FOS.

I've now sent them a CCA a FOS internal complaint letter and notification of my financial circumstances, no doubt they'll ignore them all but if they do issue the SD I assume i've got grounds to have it set aside and also for complaint as abuse of process.

Thanks for this. I've just draughted a letter along the same lines. If they're aware that the creditor doesn't have the ability to pay as a result of bankruptcy I assume it could be considered as an abuse of process. Out of interest what was their reply to your letter?

Sorry no. I was originally paying a nominal amount to a previous DCA, initially via a debt managament company who advised me that's what I should do. Obviously this was in their interest but I was naive. A couple of years ago I got fed up with them not sending my payments and with having to pay them to do so. Subsequently I stopped using them and sent CCA requests to all of my alleged creditors. The original DCA returned the account late last year after my CCA/SAR requests and nothing happened until recently when Capquest appeared.

Thanks for the info. The alleged debt is from late 90s.

Thanks again for all your replies and advice. The amount is for more than £750 but I have no property or anything of any value if they ever actually attempted to make me bankrupt. The debt charity have advised me to send an internal complaint letter and also request a further copy of the CCA (even though a CCA to a previous DCA and SAR to the OC only provided an application form) and then to wait and see what they do. If they do issue the SD then I assume I would have grounds for setting aside as the account is in dispute.

Thanks for your replies. I did a check on Trust last December and it was still showing then, but it would have still been under the six year period. I should probably do another one to check. I think my main concern is if another DCA can try and take this on before the 6 year period as they often do with old debts?

So have they instructed the bailiff to collect both the council tax arrears and the housing benefit overpayments? Surely they can't instruct a bailiff to collect the overpayment unless they have a CCJ against you?

Hi, I had a CCJ taken against me in 2003 and had a variation order granted to pay £1 a month. in early 2004 the DCA stopped accepting payments and said they were returning the account. At the time I contacted the issuing court, and was told that they had no record of this and that I should wait and see what happens - I've heard nothing since. My question is if this reaches 6 years without payment does it become Statute Barred? Also, how long do CCJs remain on my credit history? Many thanks