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  1. thank you both so much for your kind words. My dad is a true gentalman, he does not want to see anyone out of pocket and it is just in his nature to try his best to sort these things out, and it just upsets me he won't put himself first. I was not sure really if there was anything out there for this kind of situation, but all i was going to do was send them a begging letter to stop all his stress, but then thought it could make it even worse with them chasing him even harder knowing that they dont have long to get there money back. I just dont know what to do for the best, and worried i could just make it worse. But thanks so much for your advice, and i just hope that there is something out there for people like my dad who really dont need the last weeks or month stressing over money. Thanks xxxxxx
  2. Hi all, I dont know if any of you can help and advise me on this but here goes lol My dad has just been informed that he may have months if not weeks to live, he has had to give up work and stay at home. The only thing is that he has a few loans and creditcards that he will soon owe money too as he is not working and has no income at all. Is there anything he can do, i am getting so upset with watching him getting worried talking about finding a job when he could only have a few weeks to live. I wanted to write a letter to these companies explaining the situation, but thought as you all have been so helpful in the past i thought i should ask you guys before deciding to write any letters. Thanks in advance for looking into that, and very much hope to hear back from someone soon. Kind Regards Happy new year all xxx
  3. There was no reason to be so sharp on your comment to me about this matter. 1, This person was drinking to a serious high level while running the club 2, 9 months ago this person was in charge and the first aider for the club, when a customer had a fall and was moved around by this person, and this has caused more damage to the injury. 3, I was also informed that if i was not to supply this evidance that i would not have a long employment, this was also mention to another member of staff who refused. 4, this person is responsable for approx 500 customers and 45 staff while at work, and when left to duty manage the club she is helping her self to stock (theft) and putting other peoples lives at risk while being intoxicated while at work, As i have said i have a baby on the way, and just becouse i would like to earn a living and work, does not mean that i should put my life at risk and risk my child not having a father, as he was killed in an accident at work. so as much as its not nice to be dismissed (for something she DID do on a regular basis) it would not be nice for the other peson i.e ME As much as i understand your situation and hope very much that your have it resolved, But everyone has the right to be protected after whistle blowing. Whistleblowing can only be done on serious matters but in this case risk to health and safety of her and thoes she is in charge of and/or in her care for the customers visit. I would not, nor would i ever make a false statement in any case, let alone in regards to someones livelyhoods. As much as the statement made was in the words on the GM, The information that was given was correct, but just not worded the way i would have liked to have done. Thank you for your comment, and i wish you all the best, but i am looking for advice and help on this matter, so if you are not able to help, i would like to wish you a very happy xmas and hope your case goes well. Regards A x
  4. Hi all, I dont know if you can help and advice me, but let me explaine my situation the best i can without it being too long lol. I started with a company back in june 2009, after a month of employment, i was harrased by the GM to make a statement about another member of staff who is known for drinking on the premises while working, This can be proved by another member of staff who was also pressured to make a statement but refused, this staff member and my partner who is a senior member of staff heard the GM say to me, if you make a statement her job is your's, this meaning that i would also be a senior member of staff with a payrise. After some preasure from the GM is was arranged that i would stay after my hours one night and catch this member of staff drinking while working. I done this and i was asked to make a statement the next day to what had happened. This statement was very much controlled by the GM it was his words and recommendations that structured this statement of truth. As this person who has at this point been suspended from work for investigation, has been with the company for 12 years, all the customers and staff were not very happy with me, i had reported this to the GM and asked under the Whistle blowing policy, anti bullying & harrasment policy for protection, as i have been sworn at, threaterned and even had damaged done to my car, The GM always refused to deal with it. This situation has got so bad that even walking into the club was making me vomit with worry and stress, i decided to take some time off ill for work related stress. While i was off sick, i was dismissed for not meeting the company standards as required. In this time i have written corrispondance asking for the GM to act with the bullying etc, and then while i was off sick i decided to make an offical compaint about the GM. I made an appeal that the GM refused to deal with, But after some battle with the head office(3 months), i was able to have an appeal meeting with head of personnel and area manager, who both reinstated me with continual employment, as i had proven that i have not been given any training, guidance, company hand book, reviews etc and that it was unfair to dismiss me. Also the GM had put in my dismissal letter that i had not meet required standards as previously discussed, this was proven to be not true, as i have proven that i have never been spoken to about any part of my employment let alone standards. My team leader also made a statement informing the reader that i have been nothing but benifical to the department and the club, ensuring that gaming law was meet in her absince of my own merit. I had been informed that i would be contacted to start work A.S.A.P. 3 weeks later i was offered 2 x 4 hours shifts, to which i was unable to do and i called in sick and they accepted that i had also prebooked 1 week off after this sickness. They informed me that they will contact me before 16th Dec for my hours of work week commencing the 16th Dec. From the 12th-16th Dec i had contacted the club to ask to talk with the manager to which i was always informed he was too busy, accept one time when the GM picked up the phone and i said i wanted to know my hour, he laughed and put the phone down on me. On the 19th Dec i thought i would go into work as i still have not been given any hours for that week, and as there was only 3 days left of the week, for me to work my contracted 39 hours per week, i thought i should talk with someone as i can not afford to not be paid. When i walked in, i approached the Gm and asked to talk to him about my hours, he in a very rude and sarcastic mannor said no i dont think so and walked off, as i am in a club that i already feel scared in, and have been sick outside with jut the thought of walking into the club. The gm actions where noted and statments given for my disoplinary. Please let me give you a little back ground of the stress i was suffering from work, not only was i forced to make a statment i did not want to make, but i made it as a protected disclosure and yet everyone knew about it the next day. I have also spoken with the GM about the working time directive and HSE rights with my partner who is exspecting her first child. As she has 2 days a week where she is not given the 11 hours rest break, and also refused the right to go home since being 20 weeks gone, even to the point that she has been sick at work and getting out of breath, but yet they still have not acted upon requests to lighten workload as she is struggling. As she carry's £1000.00 in pound coins on a regular basis and is asked to run more than her own department and job discription. With this and the bullying i have not been able to enter the club without feeling worried, sick, shakey etc. In the heat of the moment being scared i said " what a ******" now i did not mean this in a nasty way, ****** is a term that i have used in many cases that discribes someone that is not being very nasty or unhelpfull. Now with this GM i have statements from other staff that state that the GM uses foul words on a regular basis and that they have never been punished for using such words to the GM. I also have a recording on my dictaphone with myself and the GM, where he asked me to come into work before i was dismissed the firt time, but he said i could not bring anyone with me nor could i take mintues, so i decided to take my dictaphone, and it clear shows the GM using foul words at me in a meeting and for it to be compleatly exceptable. The Gm escorted me out of the premises, and on the way said that i dont have a job here and that he had made sure of that, also to watch my back as he will catch up with me. This i feel is due to him knowing that i am making a formal complaint and that i want it to go further. My partner was informed by another member of staff the next day that the GM had told them everything that had happened with me the night before, as well as also informing customers of the full details. I was then suspended on full pay for a investigation into me using foul words at the GM, I was called for an investigation meeting, i requested that this to be done in another club as i have not been in my club for 4 months since dismissed unfairly and still feel scared about being in the club, i was refused and was also informed the meeting would take place at a time where all the customers would be in the building, even though i have stressed that i am ill when at the club. At the investigation i was very ill outside the club and a member of staff had to help me, i was then taken into a office to conduct the investigation, I informed them that i was very unhappy to be there and that i wanted everything to be done as fast as possable so that i could leave. I received a letter a few days later informing me that the investigation has taken place, and it has been decided for me to attend a disaplinory. 2 days before this meeting, i was informed by a member of staff that they had been requested to supply another statement for the investigation, this statement is short and breif, but clearly states that the GM was very close to my face and looked a little intimidating. This statement i feel only supports my case that the GM has taken a dislike to me, and was being very aggrisive on the night, But this statement was requested after it was decided that i need to disaploined. I thought that this would make it an unfair desision as the desion was made before the full investigation had been compleated. At the Disaplonory I informed them of the investigation not being done fair, they said that they could not understand why they asked for more statements after makeing the desion. This meeting was held with another GM from another club, he said that with all of the above he could understand why i felt it was ok to use such words, etc etc, but he has to act on how he would deal with a member of staff who swore at him, and he said i would have to dismiss them. When i said that if i was working for someone that did not use words like this commonly then it would not be thought to be acceptable to use back to the GM, even though everyone does and still do, but it was me on this one occation. I have now appealed the dismissal, and i was informed in writting on friday that my meeting would be on monday, as i have had the same person be my companion with all of this i wanted him to come to this meeting, but he has now left this week, so i phoned head office on friday morning to ask if it would be ok to use this person. I did not hear anything back untill 11am on monday morning that they would not allow him to attend the meeting at 3pm that day. So i informed them once again that they do not allocate enough time for me to contact anyone to be my companion, and that they make me travel almost an hour to get to the regional office for these meetings, with this they infomred me that they would pospone the meeting and make it so that i can have time to get a companion and will consider my traveling. I have received a letter today informing me that they have 10 days to arrange a meeting for this matter, and if posponed it can only be for a max of 5 days, so i am now having to attend on the 29th Dec, But they have now made the venue 2 hours drive away from me and know that with my partner xpecting anytime, i would not be a good idea to be away from home for so long. Wow well that says it all really lol, i have staff that will back me up to say that swearing has never nor currently ever been a problem with the GM. Also i feel that there is some kind of discrimination going on, as the GM has dismissed me based on his fabricated information, as well as the refusal to deal with my legal right under the whistle blowing policy anti bullying policy etc, refusal of hours after reinstated and now this situation. everything mentioned above can be proven with letters to Gm and then Letters to Head Office. Also they have refused on my last appeal and also refusing on this appeal to deal with my complaint about the GM's conduct, as all of the above is a direct result to my actions. If they were to carry out my greivance that i have made on many occation in writting and then in person at all meetings, as had my greivance been dealt with by the GM at the time, Non of the above would have been a problem. Well guys i dont know if there is anything i can do, or anything i can request they do, but i just feel that everything has been done very underhanded and i really dont want someone else to have to deal with what i have had too, as well as being so ill and stressed over the situation. Well i really hope to hear back from someone, they will want to know my responce intime for the meeting on the 29th Dec. once again thanks everyone for reading my bad spelling and stressed words lol love A xxx
  5. ok i shall do that first thing in the morning, might take some time to not the recording but i will be able to do it, But is it legal to use such recordings without the other persons permission? please let me know, but in the meantime i shall make the notes as you have mentioned. cheers for your help
  6. is anyone able to help me on this at all? im really not sure if i am making the right move now, or what i should do next. many thanks xx
  7. thank you so much for this, i am so greatful, and hope to back soon. kind regards
  8. HI guys, i would write a long story to explaine this, but i thought it would be better to just put up a copy of the letter sent to my boss and i hope it will explaine it all for you. Date 26/07/2009 Dear XXXXXX I am writing to you in regards to the previous grievances I have tried to raise to you through the company grievance procedure. Previously when I have raised these issues they have been dismissed by you in person as you have informed me that if I was to pursue my complaints in line with the said company grievances procedure that you could not see my employment being able to continue with the company. I would like to inform you of things I have issues with, but this is by no means a full list of issues that I have had problems with since starting my employment with Edit. I informed you after a few weeks of me being employed at the XXXX Club, that I have noticed many things that I feel are detrimental to the company and/or the club as well as customers or staff being at risk due to such actions, I.e. Staff members and duty managers drinking intoxicating liquor on the premises while carrying out their duties/theft in departments/the purchase and use of illegal drugs on the premises/ continual serious breach of company policies and/or standards as well as many other issues. You have informed me that this is due to having bad management in the club, to the point that you have also informed me that you have thought about bringing other managers in to replace the current managers as you don’t get the support and structure needed to ensure that all of the above do not happen when you’re not on the premises, but you feel that there is not any other manager that could deal with these matters that are currently employed within Edit. ( For your attention, the alleged current defects within the management structure is not of any concern to myself or any other employee’s within the company and at no point should this have an effect on the legal rights of employment and/or procedures to ensure the safety of such employees). And on this point I would like to say that Edit ( a manager) has tried to help in the shift that i work on by warning the customers that have come in threatening to make a scene, and in my personnel opinion I feel I would have had better support from edit and more support from edit (another manager) if they felt they had the support from their GM, but to be honest you have spoken about edit and edit in a very under minding and derogatory way to myself, edit, edit and a few other staff members that I have heard myself, and that I feel would hinder any manager under you to take control of any situation, as they are made to look bad and staff or customers are told that the manager on at that time was no good or made the wrong decision. I feel to have a good management structure you should all support each other, which they do for you but do not get back in return. But this is my opinion and what i have seen in the time i have been working in this club. After working several Saturday nights within the club, I informed you that I have seen a duty manager drinking alcohol on duty every Saturday, you asked me to make a statement at this time but as I explained to you, I found it hard to do this within my first few weeks of employment. A week later at a cancelled team leaders meeting I informed you that I had applied for a General managers position within another company as I was unable to live on the pay of a team member, to which you informed me that I did not need to apply anywhere else, all I would need to do is make a statement against the team leader who drinks whilst on duty and I could have her team leader position, At this time I did inform you that I could not see how you could make me a team leader as this person did not team lead a department , to which you informed me she is a team leader and if I make a statement the position is mine. This was not just said to me but was mentioned in front of a team member, a team leader and two other managers. You also mentioned that you would support me in every way if I was to make this statement as I was likely to get hassle from staff and customers for making such a statement. We made arrangements for Saturday (4th July 2009) that I would stay behind after my shift to catch this member of staff so that I would be able to make a statement and for myself to progress though the company. I did stay on the 4th July 2009, and caught the member of staff with the drink, and made statements the following day, and you have also mentioned that it was my statement that has enabled you to dismiss this person from the company. Since making the statement I have had continual harassment and bullying at work from staff and customers to which has become threatening, from a member of staff shouting profanities on the floor in front of customers- to threats from customers. I have approached the managers on duty about the harassment who have not done anything about it, I came to you the following shifts and asked to make a complaint in line with the grievance procedure and or the anti bullying and harassment policy, to which you would not deal with, as you have mention that my employment would not continue, and that you will not allow these things to happen while you’re working there, but when you are not on the premises there is nothing you can do to ensure my safety at work from bullying or harassment, as the managers you have working at the club with you are not very good at their job, and would not want to deal with it the way you would. On the evening of Saturday 18th July 2009, I informed you that on the first page of the 4 page gold book a customer had won and shouted (snitch/Grass) and when he did 5 customers shouted out comments to support and reward this customer for shouting this comment. After the 4 page gold book had been played this customer then went round to other customers tables and was boasting about what he shouted. This I am sure you are aware made me feel very uncomfortable once again, and had people making nasty comments to me as I was walking down to front of house where you was saying goodnight to customers leaving the building. I explained that I would feel very uncomfortable about calling the late session until this customer had been spoken too by you as I was worried about him winning again and shouting more comments, you informed me that you were not happy with him anyway as in your words “he has been a prick all night”. But you shouted “just be professional, and I will talk to him”. I then left front of house and walked to the AWP arcade where another member of staff was there who showed me some understanding and compassion, I informed this member of staff that I wanted to sit in the arcade until Edit has spoken with this customer, so that the situation did not escalate, as you was walking up the stairs I mentioned to this member of staff that if Edit does not get chance to talk to this customer before the late session then I don’t think I will be able to/or should call as its only going to escalate more. To which you said “well go home then” whilst that shocked me, I decided to clock out and then walked out of the premises. Since then I have tried to come back into work, but unfortunately I am being violently ill on the premises with vomiting and feeling very nervous being in the premises. On Sunday 19th July I came to the premises to drop of some keys that was needed by a team leader and when I did I started to feel very sick and had to leave the club, when I got outside I vomited to which was seen by the team leader and manager on duty at the time. I feel the reason for my stress and sickness is that I have not had the support I have continually asked for from the management team including you. I can and have made statements that have caused issues with staff and customers before but as I have always had the support from the management structure I have never been ill though making such statements, I have also carried out many disciplinary where I have had the overriding decisions on staff‘s conduct and employment but yet I have never been ill through it. As much as you have informed me that it was my decision to make this statement and that you asked me to think hard about doing such, you did also promise to protect me all the way, but i feel that you have failed to do this just within the company policies that are in place to protect staff within the Whistle blowing policy and the harassment and bullying policy let alone doing your personnel best to ensure that my work and job would not be affected by this statement made. Also you did encourage me to make this statement as you have mentioned it in front of another team member that lives with me and a team leader who is my partner as well as your 2 other managers, I informed you that I was looking to move on due to the lack of ability to earn what I am able to earn within my experience and knowledge of management/ human resources, so you offered me a chance to be able to rise to such commitments and earning, and I think you would find it hard to find anyone that would turn such an opportunity down when it has been offered. As you know I have taken time off after the incident on the 18th July for work related stress, and while I was off I was informed by several members of staff by phone that Richard was over heard on the phone talking about my employment to someone and that also my file has been seen in the manager’s office on the desk, this caused me a lot more stress thinking that I was going to be dismissed, so I came back on the afternoon of the 23rd of July, and informed Edit that I have been very ill over this situation and that I had also heard that my file has been on the managers desk which made me even more concerned and stressed as I was informed by 2 staff members that i was going to be dismissed, Edit tried to make me feel better by informing me that he was on the phone to HR about me as he needed to sort out my contract of employment. I find this very hard to believe as I feel that Richard is a good manager and due to this he knows what he is needed to do in regards to my contract as he has just done the same for 3 other members of staff that have started around the same time as me. He has also seen how stressed i am at work as i was sick while on duty that shift, and yet no return to work interview has been carried out. I then came into work for the evening shift only to be informed that my position that night of caller has been given to someone else and for me to go home, this has caused even more concern as I am now being made to feel that i am not wanted nor needed for my position of caller any longer. I am very sad that you feel that it is more important to keep 3 customers rather than ensure a safe and harassment free place for employees to work in, and also very sad that on a few occasions I have heard you just say things to people (customers and staff) just to play devil’s advocate, and say one thing to one person and then something else to the other person. I feel that as you have not pursued your promises of progression within the company after making such statements, as well as not supporting me within the harassment and bullying policy as promised, that I have been setup to fail within my employment and due to all of the above happening within my probation period I feel that I have been setup to fail after making such statements, and as such I feel grounds of entrapment has been made within my employment. I would have much rather returned back to work and enjoy what previously was a happy and harassment free employment rather than all this stress and harassment, This has also caused Edit Stress and worries at work to the point that after tonight’s added issues of threats and outrages comments that has causing her stress and her being at the most vital stage of her pregnancy this is very concerning, so with this I have no choice but to regrettably give notice to terminate my contract of employment as from 26th July 2009 ending 2nd August 2009, Until this date I will return to my doctors and ask to be signed off again for (work related stress) and I shall ensure that you will be supplied with a current medical note to this effect. I shall allow a reasonable amount of time of 14 days to respond to this letter before taking any other advice and/or action, but I feel that I should inform you that failure to respond will result in me having to take further legal advice on, entrapment, breach of protection within the public concern at work act (whistle blowing policy) failure to comply to the companies harassment and bullying policy, and possible constructive dismissal. I would like to thank you for taking the time in reading this letter, and hope to hear back from you within 14 days. Kind Regards I sent this letter, and the GM asked me to go in and see him on the 29th July, i asked if we could have someone to take minutes of the meeting, and he said no, this is a informal meeting for us to chat, with this i decided to meet with him, but i have recorded the meeting on my phone and have got the GM in one hand saying that the letter i wrote was not true and that i would not get anywhere, and then say i am shocked that you would make some of the things i told you in private to be publiclly known by writting the letter. he has also informed me that i will not get anyere with my letter. he has said that he would like to see me back in work on thursday 30th or at least call him. On the 30th i called where he was very nasty on the phone saying you did not come in, i explained that i could no go back in with the promises he made oon the 29th, of ensureing that i dont get hassle from customers, as he has not kept to any other promise made, like making this statement and getting a team leaders post as soon as she is dismissed. I am sorry it has been so long but i thought it best you know what has happened and been done so far. Can i use the recording from the meeting? he was not aware that i recorded it. Also is there anything that people can advice me on with the whole situation, i am now not working as i e-mailed a manager last night and he has said that he has been told from the gm if i come in to do my shift, that he is to send me away from the club. what action can i take, i really need some help thanks for who has killed so much time in just reading all this I have edited out the names of work colleagues and the place of employment to reduce the possibility of identification -- saintly_1
  9. i would just like to add, when we contact them, we said that we would pay the amount until it was found, and would try and make more than our rent payment each month before the 13th Aug, they said that would be fine, but now they are saying it does not matter if they have had the money or if we pay it again they want us out, even though the lanlord does not know anything about this matter. Accept that he has agreed with the agent if we are not paying the rent, that he would like to look for another tenant, but we have had a good relationship with the landlord, and he is just doing what they agent has asked, as he is over 65 years old and does not understand what is needed from him, apart from what the agent informs him he has to do.
  10. i have a letter saying that due to overdue payments that we shall be asked to leave the premises, and they have also added to this letter a section 21(4)(a). not sure if that makes any sence, but hope it does thanks for such a fast reply
  11. HI everyone, I don’t know if you guys are able to give me any advice, but I am in a real bad situation and need some advice. We have been renting a property from an agent for well over a year now, and we have had no dealing with them at all, as rent has always been paid on time and there has never been any problems with the property. But back in Jan I lost my job, and due to this, we had to stop the direct debit from the bank as the money was not being paid into my account anymore, so we made arrangements to pay the rent on a weekly basis till I was back at work, we had to travel from Bedford to luton to pay the money to the agent in their shop/office, as this is some driving, we asked if we could pay this in our home town of Bedford, and we was given HSBC back account details to make these payments, and we made payments there, but have been told that they do not give receipts at the cash desk, so what we used to do was put our name and address at the back of the paying in slip so that our payment could be easily found. After a few months I was back in work and payment has not been a problem since, but we was sent a letter in June saying that we owed one months rent that was not paid for March, But we know we paid it. We have gone back to the bank and explained the problem who have said that they can not give us any information on the account as it is not our account, after some weeks arguing with the agent, they have informed us that they have 2 cash payments made on the 1st of april (300 pounds)and 14th april (200 pounds), and said if I was to go back to the bank and see if they can confirm that it is our payments, we have done this, but the bank have said they will not give us any information. We have informed the agent, who has said that its down to us to prove it, even though they know these payments are ours, as they have already mentioned that no one else has paid cash into Bedford HSBC for rent. Now they have served us with an eviction notice and we have to move by the 13th Aug, Is there anything we can do about this, they have said they have payments for the amount we owe, but as we can not prove it they will not except that they are ours. We have been instructed by them to pay it into a bank that have confirmed they will not nor will they give receipts for payments, so as we have only carried out what they have asked us to do, I am shocked that they are saying we have to prove it. Please please anyone out there that can give us some advice would be great, I am so worried about my wife as she is 11 weeks pregnant and all this stress I am worried is going to have effects on our baby, and we are both so worried now. Thanks so much for reading this, and look forward to anyone’s advice Ali
  12. sam thank you so much for your help, how would i go about reporting them, sorry to be a pain and thanks so much again, i am so shocked thats it and no more harrasing me if amazing. happyali xx
  13. ok guys here goes this is a long one lol i sent them the above letter, and they are well out of the timeing for this request. but i have received a letter today from nationwide, who have just sent me a copy of the letter dated 17th march 2009 that states: Dear Mr ***** Thank you for your letter requesting information on our customer under the consumer creditact 1974. Unfortunately we are unable to action your request as the written authority you have supplied us has not been signed, therefore i am unable to send a copy of the credit card agreement. If you have any more queries or concerns then please contact me or a member of my team. Yours sincerely Linda Murphy Relastionship Manager Credit Card Management. they have not even put a new date on this letter, just sent a copy of the 1st letter they sent. What should i do now, i was reading loads and learned a lot from this site, but not sure what my next course of action should be. should i just not pay anymore and tell them they are in default? thanks for the help in advance everyone, and hope to meet you all at the meeting in st albans
  14. thanks for the advice alph, I sent the letter on the 13th March 2009, so this would now make them in breach, as they also only wrote back to me on 6th April 2009. Should i just inform them of what you said about the signiture, and say that the account is now in dispute? and send the dispute letter? thanks so much for your help and advice, i have been reading for weeks on here now, and also i have found a lot of information i am just worried that i may do ity wrong for my situation. thanks so much again, and hope to hear back from you. Happyali
  15. HI there, i have found a letter i could send to make this account in dispute, and i think i have found it, but would someone help me with the wording about them asking me to sign the letter i have sent them, as i am not sure what the legal wording would need to be. Also i just thought i would say that they have not offered the payment of £1 back to me in thier last letter and i did not think they could keep this if they dont send the information needed? here is the letter i found: Account In Dispute Ref: Dear Sir/Madam Thank you for your letter of xx/xx/xx, 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 **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 perusal and ease of reference. You have failed to comply with my 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.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. This limit has expired. As you are no doubt aware section 77(6) states: If the creditor fails to comply with Subsection (1) (a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law. As 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 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
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