New update. After months of nothing they've sent me yesterday a CCA for one of the accounts (a credit card), saying that now they've produced a CCA give them some money. lol Erm nope, all that you managed to show so far is that 20 years i signed for a credit card and nothing else. Still no defulat notice, termination notice or Notice of Assignment, not even a statement of last payments on the account. I still maintain that if they had all the stuff then they would just take me to court or rather the original credit company would have done instead of flogging it on without issuing an NOA. For advice for anyone else in a similar situation, they appear to be finally responding to my CCA request many months ago, so don't even bother requesting one, at the end of the day it just seems to be another avenue they're going down having exhusted all the 'give us money or else' letters.

Latest news. A postcard turned up today, posted second class advising me that having unsuccessfully contacted me, one of their agents have been instructed to call within the next 48 hours. However if it's inconvenient then call the number provided. They're getting desperate now, it's the postcard trick. Seeing as it was sent second class, that 48 hours i suspect has expired by now, but then again the last message was we're sending someone out, and yet they still haven't. Well if anyone does turn up they can bugger off as I've already instructed the company that I have withdrawn any common law offer to attend my property. Besides it's the landlords farm and their are several big blokes that work here that can see anyone off I'm sure. i wonder if they do ever send anyone out? THoughts people?

I'm not complacent, I'm just sick of the the threats to take me to court, i just wish they would get it over and done with if they are going to. It was five years ago i entered the IVA. However at no point was i issued with a default notice or notice of termination as i didn't let things get that bad before entering it. Once it fell through however i was never contacted at all by the original creditors which also includes a lack of NOA. My credit reports are all clear from any arrears being owed to anyone. The original creditors could have easily have pursued the debts but didn't, possibly due to the lack of notices, who knows.

Yet another letter today in the latest of the saga. This one is withdrawing their previous offer of 'significantly reduced' since i didn't run to the phone to give them money. Now it's back to the old, give us the money or we might cry in a corner somewhere. Yawn. Apparently they intent now without further notice to issue legal proceedings against me or instruct a debt collector to visit, and apparently i can only avoid this if i phone them yesterday. lol Yawn. Bored now, bring it on already or get out the game.

I'm almost embarassed for them. They've gone from really threatening to pleading.

Another letter inthe post today. Much to my amusement i'm now offered a 'significant discount' to settle with Max Recovery. Although the letter fails to specify what that would be, asking me to call and find out. lol On the ignore pile.

ANother letter turned up today after ignoring tyhe last one. Pretty much says exactly the same but this time in bold text, "you have seven days to pay blah blah blah or else we might do something else blah blah blah ...." and also saying that if legal proceedings against me were obtained then blah blah blah. If you're gonna take me to court thaen do it already, oh wait you haven't got any of the docs to make it legally enforceble lol. Filed under 'ignore' like with the rest of them. At some point they probably will try it on just to see what defence I'll give, now does anyone know of any case law in regards to failed IVA's and if that has an precedence over a lack of DN or Termination notice. Although i still presume the lack of an NOA is still in my favour. Or should i CCA this one?

Another letter turned up today. In case you're all wondering I thought i'd document everything that comes through from Fairfax Solicitors for everyones benefit in similar situations. This one lists an Argos account with the debt of about fifteen hundred pounds. Apparently their instructions are now to commence further action (oh god noooooooooo, i jest). They MAY issue proceedings through a court. Thats nice of them to tell me what they might do. I may have a pizza for my tea tonight. Now then folks do i bother to CCA this one yet or just ignore it again. To be honest if they take me to court they will have to produce the CCA, default notice and NOA. There is no default notice as one was never issued (i entered the IVA before i defaulted) and surprise surprise there's no NOA ever been issued. I actually might just CCA them for this one. This is listed under their account number that was all of a sudden found after they failed to provide a CCA for the last one for MBNA which they claimed was for a totally silly amount of the whole combined sum instead of what it was actually for. Or do you still reckon i should ignore it?

Just as an update on this. Got another letter from Fairfax. This time quoting the new ref that appeared when they couldn't find a CCA for my request. And this one's for only a grand and a half for Max Recovery. They seemed to have dropped their asking of £29k just a bit. hahahahahahahaha *ignore* Although from looking through a few other threads it looks like Fairfax have indeed been taking people to court. I've read that it helps your defence if you request the CCA that they don't provide. SO i'm starting to think now that i should CCA this one. Or if anyone thinks that it's stupid too then let me know. I basically don't want to do anything that may harm my defence if it ever goes to court.

Hang on a minute. I've just been looking over the letters sent in so far to myself. Now initailly they cliam i owe £29k to Max recovery representing several clients. Then the next one is £29k to MBNA under the same ref of theirs and now they come back with the origainl ref will be suspended until they can produce a CCA but there's several other ref's of there's with the same ref number ending in a or b or c or d or e or f. And after that it all of a sudden says they have another ref which is completely different. So all this time they've only mention the one company under the one ref, this totally smells of fish. Especailly the new last ref which all of a sudden appears when they suspend the first one, i suspect its the same one and they still haven't provided any additional info. SO my question to you my fellows, do i just ignore or do i CCA request all of these new ones (which is wasting my money)? Or do you just think they're taking the ****.

so should i request a CCA for all of these accounts (which would be about £7) that have suddenly appeared, bearing in mind that i only have their own ref numbers for these accounts and don't have any more information than that?

Yes it is interesting. They don't actually acknowledge the original cca request but only the complaint that i sent in when they failed to comply with it. And all of a sudden there's several accounts instead of the one account that was on the previous letters, with all the new accounts labelled a, b, c, d, e, f, sounds like they just want to get an extra £6 off me. Certainly doesn't look good or very professional if it ever went to court. So just ignore and wait for them to attempt a court case?

Interesting. I just received yet another letter from Fairfax. THis one is in acknowledgement of my CCA request and are asking for additional £1's for each of the accounts that they have. Yet they still don't provide any information. Yet they nicely go onto say that action on these accounts will be with held for 7 days for me to put in a CCA request for each of them. Ha ha ha. With hold action, they can't do any action until they can legally prove that any debts exist in a court of law. So what you think, ignore?

After i send this last letter i will ignore everything else. The letter says it all, prove it or go away.

THing is I can't even remember having anything with MBNA. Although if i Subject Access request them they may get interested, and since the debt has been sold on to Max Recovery they can do the donkey work:) However claiming that the whole wack belongs to this one is a bit naughty, they grasping at straws. I never got any Default notices anyway from anyone prior to entering the IVA. Good luck in court fellows.

I've now received the next letter from them. THey have still failed to provide the requested information and apparently they are now either going to send someone round or attempt court action. So not only have they failed to provided the info requested to prove that such a debt exists, they have also now on two occassion pursued said 'debt' ignoring the OFT's guidance on not ceasing activity on a disputed claim. The letter also chucking an account number and original creditor for the full wack of being MBNA Eurpoe Bank limited, now this is interesting as no one company is the original creditor, so they are now even providing misleading information in an attempt to bully. LOL Now their time has elaspsed so they get the second letter from me (the one on the forum for failing to comply with the CCA request.

so another week then before i get to send my letter saying they have failed to comply. They're even persisting on attempting to recover debt even though the whole thing is in dispute, which nicely goes against them. Lets face it, they have nothing and its just a computer generated letter.

UPdate Just receieved a letter from said solicitors completely ignoring my CCA request, saying that i have 7 more days to pay or they may take legal action. THis is laughable and i was expecting it,as they have done this to all the other people on this forum in similar cirumstances. In sending this letter they have failed to comply with my request in proving that such a debt exists. Now quick question to everyone, is it 14 calendar days or working days from a CCA request before i send in the failure to comply with cca request letter?

It would be another year by my reckoning before it would be due for statute barred. However if they don't produce the relevent documentation in the specified time (looking at previous posts in regards to this company, they don't) then they will recieve the second letter from me (from the list on the forum). From previous threads in regards to this company and this situation there's been no further posting on them after the second letter is issued. SO I'm hoping that it's promising. Besides that if they don eventually decide to take me to court then there is no NOA's anyway. Right here's my revised letter: Dear Sir/madam You have contacted me regarding debts, which you claim is owed by myself. I would point out that I have no knowledge of any such debt being owed to you and please be advised that I will only communicate with you in writing. This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. I am are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, 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 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. AND 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. In addition, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question. I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

I was thinking of sending this: Dear Sir/madam In regards to your letter dated 22 march 2010, requesting payments be made on an outstanding debt of £29,406.85. I dispute this without any admission of liability, I require true copy’s of all the original signed Credit Consumer Agreements in they’re original form as would be presented to a court of law, this is not a request made under the Consumer Credit Act 1974. I also require a true and original copy’s of all Notice of Assignments and Document’s of Assignment from all of the original creditors to prove that a debt exists. Please be advised that I will only communicate with you in writing. Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. I 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 would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question. I await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

It's something that i'm going to be using myself but i don't know much about it. It does state though that if sent via post it must be sent and signed for via registered delivery.

Have you seen this thread, it maybe useful for you for defence if you never received a Notice of Assignment when the debt changed hands. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/190222-notice-assignment-default-notices.html

The largest debt was a bank loan for around £11k an the next highest was a credit card for around £9k. Here's a copy of the letter i received:

See thats why i need help with the letter. I'll be just asking them to prove the debt by providing all the specific neccessary information that we can pretty much guess that they don't have. And since the issue will be in dispute, anyone coming out for a visit will be reported to OFT for harrassment.

What i don't want more than anything is people coming round. Yes they have no legal standing but it is annoying and it also may put my rental agreement as risk. I rent a seperate property on a farm where the landowners live. The last thing i want is debt collectors harrassing anyone here. What i want to do is send this company a letter, specifically stating that the debt is disputed (although not admitting to any liability on it), that they are most definately not invited round for tea or they will be evicted from the premises by the police (there's a nice paragraph for that somewhere on here that i've seen), and that it is legally unenforceable and if they wish to pursue it they will have to take me to court where they will have to produce the original credit agreements (bearing in mind that the Barclaycard one must be almost 20 years old now) and also verify that i received and signed for the NOA's for each original creditor verfiying that the debts were taken over by them (which include exact details of the debts and dates, hence it gets sent to the debtor to verfiy and dispute if necessary). I just need help with the letter.