Received another letter from Shop Direct. Think it's good news. letter confirms that no further action will be taken to recover any outstanding debt. This could be my first success. Thanks everyone for your assistance.

Just received the following letter from Restons to my SAR. They cashed the £10. Looks like they got a charging order with no paperwork. i could kick myself. Any suggestions on how to progress please? Dear Sir Re: Subject Access Request Thank you for subject access request dated 11 May 2009. We will respond to your request in like numbered paragraphs:- 1 We only hold a copy of generic terms and conditions for the type of account opened by you in 2003. A copy is herewith. 2 This application is not appropriate. Our understanding is that this application is used to request information regarding credit scoring and decisioning. 3 None are held by us. 4 None are held by us. 5 No collection charge is added to this account. 6 All fees and costs have been advised to you throughout the proceedings and relate only to fixed fees and costs allowed by the Court, and which appear on relevant Court Orders/Judgments. 7 N/A. 8 N/A. 9 We are not the data controllers thereof and do not have this information. 10. We are not the data controllers thereof and do not have this information. Yours faithfully,  Mr N Coe, Managing Director pp Reston's Solicitors Limited Could you advise what you think about response from Restons and how i should proceed please? I get the impression that little or no paperwork got them the charging order and i was too naive to understand my rights. Thanks Sorry to hassle people but im desperate for advice, is this response to my SAR from Restons legal.

Pat is quite correct. the only question here is have you or are you being discriminated against on the basis of disability? If there is a strong belief that you are then i suggest you speak to some one who is qualified. It is a very serious allegation and one that the company would defend vigorously if they thought they were correct. If you are in a trade union or have any insurance policies that can provide legal assistance then make use of them, if not try the citizens advice bureau.

Walshy you will find details of the disability discrimination act on the following website. The Disability Discrimination Act (DDA) : Directgov - Disabled people

I have found the actual court order now. Should i write to the court for details of the claim? ie are you saying i need to see what documents they produced in court?

Thanks, they have had enough letters. I will file them and ignore.

Any idea on what i should do with the latest response?

Just got this back from Restons with my £1 returned. Nothing on the SAR yet. Please Reply To: Miss L Tipping Direct Line 01925 661654 Email [email protected] Our reference: Monday May 18, 2009 Dear Sir Re: HFC Bank Limited v. Yourself HFC Personal Loan Thank you for your letter dated 11 May 2009 and your request for copy documents pursuant to Sections 77/78 CCA 1974. Unfortunately your request is invalid. Sections 77/78 only afford you the option to request copy documents up to the point where the account is terminated, which this was before the matter was transferred to us for collection. Equally Sections 175 and 189 have no application. Your fee is returned. You* faithfully,  ipping, Litigation Executive s Solicitors Limited

Just received this from choice, this is after sending the account in dispute letter. By the way they have not made any contact despite what they are saying and adding more interest. What do i do next as the account is supposed to be in dispute? Arrears Collection Department Aintree Innovation Centre, Park Lane, Netherton, Bootle L30 1SL Payment Helpline 0844 822 4707 Opening hours: Monday - Friday Sam - 9pm Saturday 8am -9pm Sunday 10am -4pm Date 1 5th May 2009 Brand: Choice Account No: Our reference: YOUR ACCOUNT IS IN ARREARS Dear Mrs Jk I have attempted to contact you on several different occasions about the arrears on your account. The requested payment is now seriously overdue. You must contact me immediately as It is essential that you make a payment on your account to prevent any further action. You can pay by credit or debit card over the phone on 0844 81 1 8504. Alternatively, you can pay at any Paypoint or Post Office using the barcoded giro slip below. As a result we have applied a £12 administration fee on your account due to the substantial amount of effort I have made in trying to contact you. Yours sincerely, Arrears Manager Shop Direct Financial Services Limited Registered Office: Aintree Innovation Centre, Park Lane, Netherton, Bootle L30 1SL Registered Number: 04730706 Authorised and regulated by the Financial Services Authority in respect of arranging insurance products. Calls made from BT landlines will cost no more than 5p per minute. Charges will vary for calls made via other service providers.

Ok i need to study it further, the problem is I'm not sure what and how to proceed. There are a number of posts were people are saying they wish they hadn't proceeded because they didn't understand the legalities clearly enough, particularly with costs whereby the defendants costs are paid.

I have read through quite a bit of the thread and it is very complicated. Is the suggestion here that i now take them to court? to be honest i would be quite prepared to fight them taking me to court based on the fact that there is no evidence.

Hi, i have done all the routes now. The reply they sent me is in response to the CPR request after i had already done the CCA. I think Gamekeeper to Poacher is basically saying that they have no evidence and the letters are just threats. Think if it went to court they couldn't supply anything, in the meantime they will probably keep hassling me.

Could you look at the response i received today and let me know your thoughts. Thanks

Received this from crap one this morning. What next please? Thank you for your letter about your request for us to provide you with a true copy of your credit agreement. There are no more documents that can be sent. As I've already explained, in accordance with section 78 of the Consumer Credit Act 1974 and the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983, we've provided you with a copy of your original agreement, and if any terms have been varied, then the copy agreement will include the updated terms. In addition, your personal details, the signature box, signature and date of signature were omitted from the copy provided as permitted under Regulation 3 of the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983. I can confirm to you that your credit agreement complies with the Consumer Credit Act 1974 and is in the correct format. Your account status remains defaulted. We will continue to pursue the outstanding debt of and will defend any application you may wish to bring against us. We note your reference to CPR 31.16. You will be aware that any request for pre-action disclosure under this rule must satisfy the criteria set out at CPR 31.16. Any application made to Court seeking such disclosure will need to be accompanied by evidence explaining why the criteria are satisfied. You have not yet provided us with sufficient information as to why you believe that your request satisfies these criteria. Without this information, we are unable to consider your request any further. As I mentioned in my previous letter, you now have the option of contacting the Financial Ombudsman. As we've already sent our final response, I need to let you know that we won't be able to send any different documentation to support your request. I must now inform you that any further contact we receive from you on this subject will be acknowledged but we will not enter into any further correspondence. (Typical call charge from a BT landline is 7p connection fee plus up to 2p per minute. Calls from other networks and mobiles may be higher. Calls may be recorded/monitored for training purposes) Ellie Renshaw Executive Office Manager

I recently CCA'd Moorcoft on a debt that they have been collecting on since 2006. The response i received is below. would appreciate any help on this, thanks. Moorcroft Debt Recovery Limited Moorcroft House, P.O. Box No. 17,2 Spring Gardens, Stockport, Cheshire SK1 4AJ. Telephone 01 61 475 2858. Fax O1 61 477 3864 12th May 2009 Dear M Re: Moorcroft Ref: Client Ref: We refer to your recently received letter requesting data as per Section 77-79 Consumer Credit Act 1974. We duly confirm that we have requested the relevant documentation from our client and once received we will duly forward the same to you. Meanwhile, we duly confirm that all collection activity on the account has been put on hold and we will not seek to enforce payment of this debt until such time as the documentation has been supplied or we have advised you to the contrary. In the meantime, however, we believe that it may be of assistance to all parties if we also take this opportunity to ensure that any potential areas of dispute are addressed prior to any possible court action or further investigation. To this end can you provide an indication of the information you will be relying upon, when giving evidence to the court or information to the relevant statutory authorities in relation to the alleged subject matter of this account. Please could you provide this information by return as this will ensure that all possible areas of dispute are identified as quickly as possible thereby minimizing potential costs and delays. Should you have any questions or require any additional information please do not hesitate to contact us direct on the telephone number shown above. Yours sincerely Mrs K Murray Operational Support Supervisor Registered Office: Moorcroft House. 2 Spring Gardens. Stockporl. Reg. No. 1703704 England.

Great outcome. Common sense and doing the right thing prevailed

They tried involving Capquest in this, i sent them the same Acc in dispute and questioned why they were involved. Received a letter from them yesterday saying they had referred it back to Crap One. Lets see what happens next.

Just read every entry on your thread, very inspiring. I have a CO on my property through Restons/HFC and never had a clue about paperwork etc. Basically just accepted i couldnt win. I have just sent a cca and sar to Restons, so will see what happens next. Congratulations.

Just had a response from the solicitor. Seems the first loan was sold by an independent company which has gone bust. there is a body called Financial Services Compensation Scheme for issues like this but my loan is before it was introduced. Still awaiting a response on the second loan which was definitely within the time limits.

Sorry, don't let me misguide you. My costs came to about £2000 which i would have had to pay even if i lost. The decision to continue was based on the fact that the solicitor was convinced the other party couldn't win as they hadn't followed their own or even advised redundancy practices. If there are clear breaches of policy and process and you can highlight these, then there is no reason why you cant apply for tribunal and defend yourself. The problem might be with the fair selection process. You will clearly think it is unfair which is natural, but a completely neutral person might have a different view. Sometimes you may have policies and schemes that provide legal services, if not find a solicitor who can give you a realistic view and get an indication of the costs before making a decision. As you get more info it should be easier to decide which route to follow.

The union should be reviewing the law against disability and discrimination particularly with regard to being the main carer. That's what he pays subscriptions for!! If he gets a further warning he also needs to appeal against this as if he ever ended in a tribunal sitation he would need to show he exhausted all avenues. Good Luck

Try looking on theattached website for advice. http://www.emplaw.co.uk/[/url] Might be worth getting a professional view before you act. I did this some years ago in a similar situation with a large company. Won the case but only because i had professional help. Its worth getting a view from somebody who deals in this arena as it can be quite daunting in a tribunal. A solicitor will give you a realistic view of the chances regardless of how hard done to you will feel, and will get their charges as well (providing you win) Good luck

Thanks, i will get it sent to Restons today. Presumably they will have court docs and would have to provide a copy under the SAR?

The company will treat the issue as one of conduct, and wont need to distinguish between the two. Suggest he adopts the stance of explaining that due to the circumstances there are times he could be late. He should then explain that he will make up any additional lateness by working additional time. He should also explain that he will contact them if he was expecting to be late. It is only a few minutes but they will be treating everyone the same as they would have chaos if everyone was late. The fact that he is on a written warning would mean he will receive a final written if they don't accept his explanation. He needs to delicately explain about disability and being a sole carer. Dont be aggressive they wont like it.

Sounds like the decision was made in advance. You need to follow the appeals process or you weaken any chance at tribunal, as they would question why you hadn't done so. In the appeal letter you need to state all the reasons why you feel it was unfair. You should also ask for a copy of the minutes taken at the meeting and any other relevant letters.eg when and how was she first informed? Base your appeal on Sickness - No formal warnings and therefore in line with company policy. Redundancy - Not sufficient consultation process, also what other positions have they considered? have they asked you to consider and provide any alternatives? Why they failed to answer any questions? Why the letter says threat of redundancy but she has been verbally informed already - does she have a witness to the conversation? Siemens is a large organisation so if you don't have a copy of their Terms and conditions, ask for it. If they haven't followed their own procedure to the letter, they face a very good chance of losing a tribunal based simply on process. There is a lot of good info on the internet, if you search on google under 'redundancy employment law' you will get some good info.