Thank you for the phone call today Lee and your assurances that you will keep an eye on my account to ensure that things run smoothly. Impressed with your responsiveness and hope that things continue to run that way.

Hi Lee, Email reference is 6455063 - I have made payment on the account to clear the outstanding balance because I didn't want this episode to affect my credit rating. However, it would apppear that my debit card payment was taken twice due to a problem on the Vodaphone payment page which told me that there had been an error and payment hadn't been taken, i re-submitted and yes you've guessed it, two payment have been deducted from my bank account. This isn't a problem as long as it is held as a credit to clear my future bill. Miss_cake

I am in complete agreement with you Tonycee, I have been a customer of Vodaphone for a while too and when things are going well it's good but my god when they make a mistake they cock up big style. They cancelled my new contract in error, charged me £497 for the mess because it was cancelled within the contract period (you dont say) sent me a new sim which took 3 days and charged me for the days that I couldn't use the phone. Web team have responded by putting some credits on but the account still isn't right, refusing to give any more and to top it all have give £10 compensation- wowee. Result is another good customer like yourself going elsewhere when contract ends..... excellent Customer Service NOT !!

I sent a letter to the DCA Solicitors that instigated the legal proceedings requesting wasted costs etc and also the money which the DCA have had from me over the last couple of years. Letter received from the solicitors dated 12/4 basically telling me to get stuffed, they didn't put it quite so bluntly but the gist of it is that their clients have delined my alleged costs, they they only discontinued due to age of the debt and that the debt is still owed and remains due. They have pointed out that I do not have any solicitors on record therefore my claim regarding legal consultation is invalid (I consulted with my union solicitors Browells) but defended myself and as far as my payments made in the past to this debt they have refused to refund because they state they were recovering on behalf of their client. They have said as a goodwill gesture their client will cease further recovery action and that they, as solicitors are no longer instructed to act in this case....nice kiss off. What can I do now?? Miss C

Just a bit of further advice required, Is there any particular paperwork that I need to send to the court to claim wasted costs and recover monies paid to this **** in the past or will a letter to the claimants solicitors and a copy to the courts suffice? I have had a look at other posts on the forums but a N244 doesn't seem to fit my case. Thanks Miss C

Sounds about right...will get a letter drafted tomorrow and see what happens. Thanks

Couldn't have articulated this any better Bazooka, I will definitely give them "both barrels" as they say!

Thanks 42Man after what they have put everybody through I think I should.

Have received a notice of discontinuance - does this mean they will go away never to return? Or do I still have to watch my back ! I am thinking of claiming all of the money back which they have extorted from me over the last couple of years, is this a possibility or should I let things lie? Thanks for all of your help people. Miss C

Hi Nicklea, The POC verbatim states "The claimants claim against the defendant (My Name) the sum of (amount) due under the following account (account number of DCA and my old Current Account Number) I have issued a defence but could only base it on the paperwork which I had to hand which luckily for me I have kept all corres for a number of years. I have defended as follows: 1 I have never acknowleged this debt (copy of letter from 2009 sent to court showing disputed account) 2 I requested them to either re-plead or provide information under CPR 18/31.14 on (date) 3 I have always disputed this debt and despite asking them to substantiate their claim nothing has ever been forthcoming (Copy of corres dating back 2 years provided to court) 4 I have never held a HSBC Bank Account (letter sent to court from HSBC in 2009 confirming this ) I have also stated that I would have appreciated the opportunity to defend properly but due to an approaching deadline and the fact that I have not had a response to the CPR request I have been cheated of this. I have defended as best as I could under the circumstances. Thanks Miss C

Just to update, letter was sent recorded. No response received at all so I rang the court who advised me to ensure some form of defence was put in so that I wouldn't get a judgement by default. I couldn't do anything but refute their legal claim because I have nothing to work with and my 28 days has almost expired. Not sure what will happen now...just wait and see I suppose !

Thanks H, Have done so and will await their response. Best wishes Miss C

Hello, Can I seek clarification on my above points, also because they haven't mentioned any documents should I be asking them to replead? Thanks Hi, Would somebody take a look at the attached letter which I intend to send today. I am still confused over CPR 18 and 31.14 so have mentioned both. I was going to just send it as a CPR 18 because of the lack of documentation quoted and ask for a replead but the majority of people on this forum send thee CPR 31.14 lettter. Would this be suitable? Thanks Updated attachment court Draft.doc Help please!! I need to respond to their solicitors and just need guidance from my previous posts. Not sure if there is a problem with my posting but I don't seem to be getting anything. Thank you Miss C

Thanks, just to clarify that the POC on the claim form is minimal to say the least and doesn't quote any documents which is where I was getting confused with the CPR 18 - I understood this was to be used for thoss circumstances and CPR 31.14 for sight of documents quoted on claim forms. Head is in bits - just had a bereavement and could do without this added pressure. Thankss for your help so far 42man and I am sure it will all get really messy

Hi, I have constructed a lettter using CPR 18 for disclosure of POC and any evidence which they intend to use but i am getting so confused. Should I have been using CPR31.14? They both seem very similar and I don't want to look a compete idiot. Please advise asap Thanks

Thanks 42man - very useful

Hi, Particulars of claim are that they are claiming an amount from me due under an account number(the two references are the DCA's and the old First Direct Account number. That is all that is on the court paperwork. All very woolly. In reality I have letters from the DCA confirming the account is a current account but on obtaining the SAR from First Direct they have added my old Credit card debt(which I believed I had paid years ago) to my FD current account number. I have filled in the court papers denying the debt and have counter claimed, I have sent the courts a copy of the FD historical statement showing zero and a copy of the letter from HSBC which denies all knowledge of me (this is because DCA insist it was a HSBC current a/c) and also a copy of the DCA letter asking me to pay the current a/c. As previously mentioned I was stupid enough to pay two a/cs via the DCA until 2009 when I questioned why I was paying them so being honest and trustworthyhas obviously done me no favours. Let me know if you need more info and thank you.

Thanks Bazooka, have done so and hope that somebody gives me the much needed advice.

Hi Guys, The saga continues i'm afraid, after my last post on here I didn't receive anything till yesterday. I have now got County Court papers served on me via Southend for the alleged debt to HSBC. I did previously send the DCA a copy of the letter from HSBC stating I wasnt their customer but they have obviously ignored it. I also sent a SAR to First Direct in 2009 and it would appear that this is the account which the DCA state I owe money on. I did indeed have a current account with FD but my overdraft limit was £500 and as part of the SAR they sent me a printed statement showing the account was closed in 2002 with a zero balance. However, it appears that they have included a credit card debt within this current account which I assume is this debt for £1K which Rockwell/Tessera/Pheonix are adamant they are going to get off me. Can they recover a debt from First Direct using the HSBC name especially when it was approx 9 years ago? As mentioned previously I was a complete mess when I was made redundant and because I don't like debt I paid anybody who said I owed them so I was paying the DCA up till 2009. When I have questioned this debt in the past the DCA said it was a current account and as such there is no written agreement, however it would appear that it is a Credit card placed on my current account. I am terrified, how is this likely to go? I have put in defence papers and a copy of the letter from HSBC saying I am not their customer and also sent the court a copy of the statement showing the nil balance but I have been reading so many horror stories about judges ruling in the DCA's favour. I do not stand a chance if they do not have to prove anything, my last letter to the DCA said I was disputing and do not acknowledge the debt but they are willing to completely destroy my good credit name. Are there any tips on fighting this? I am so shocked because I thought if you disputed a debt they cannot recover the monies. Thanks for reading my rambling Miss_cake

Thanks for the advice Havinastella & 2Grumpy, HSBC to quote, state: "In response to your recent application for the provision of personal data I confirm that we are unable to locate information held about you within the registration that you requested to be searched. I have therefore returned your Postal Order for £10.00". I feel 2Grumpy may be correct and it's the DCA reference that I have quoted. I am resubmitting the full SAR letter and PO to HSBC quoting the other account number that the DCA have on their paperwork to see if they come up with something. The letter of assignment from the DCA is very suspicious, it is on standard photocopy paper, no company logo with COPY stamped on it, which is probably something which they have produced, it's not even signed! I will also commence their complaints procedure, once I have a further response from HSBC I will then send the letter before action to recover monies from the DCA. Thanks Guys Miss C

Thanks Bazooka, I did request a 'full' SAR from HSBC but they couldn't provide a thing although now I have received the SAR info free gratis from Rockwell there is another a/c no quoted so I might try it again with HSBC. Am I liable to continue to pay this alledged debt to Rockwell? Thanks Miss C

Hi All, Further to the above I submitted an SAR to HSBC as suggested and received a reply back with my postal order because they couldn't find any information on me based on the information provided (which was my name and address plus the account number that Rockwell use). I immediately wrote to the DCA to advise that I would be recovering all monies paid to them in respect of this debt because I have never held an HSBC a/c and they have responded today by stating that it was an HSBC a/c ..the date it was opened and that HSBC sold the debt to Pheonix Recoveries??? They have given me a whole host of information (mostly just printed off their own system by the looks of it) but there is a notice of assignment letter which they reckon they sent to me but it's not signed etc. They have advised me that they have given me all their records/data that they hold on me although I haven't requested an SAR from them and they should really be charging me £10 (big of them)but although I have been paying them for at least 2 years, it's only now that I have gotten my life back together after redundancy that I am questioning the debt. Their records do indeed show payments and calls made where I have panicked and made arrangements with them and they have stated that "the statement of payments enclosed and your several acceptances of the debt confirms and admits your liability". They have also kindly enclosed details on their complaints procedure if I am not happy and also a leaflet on how to complain to the financial ombudsman. Help! I am not sure what to do now, do I ignore the information or do I respond? Can anyone advise me please? Many thanks

Hi GK, Apologies for being dense but what exactly is CPR?

Thanks very much for the advice 'Harrassed Senior', I will do as suggested.

Hi, I am new to the site and need some advice regarding the above agency. Some 10 years ago I was made redundant resulting in my having to visit the local CAB and make arrangements to pay back my creditors. I have cleared most of my debts but Rockwell have been chasing me for payment of two accounts and because I was confused by the amount of debts after my redundancy I set up payments from my bank account to clear them. Some 2 or 3 years later the debts don't appear to be reducing and because I am in a much less vulnerable position I have questioned what the debts are for. I sent a CCA letter with the statutory £1 postal order for each of the accounts 10 days ago and have received a letter from them today stating that the accounts relate to a current account which is not regulated under the CCA and they have returned one of my postal orders. They are stating that the debt is owed to Pheonix Recoveries UK Ltd SARL Tessera (HSBC) and I can honestly say I have never heard of them or held an HSBC account. They have enclosed a printed statement which to me appears to be off their own system, with no company logo and they are demanding that I continue to make monthly payments but will review my account in the next 6 months. Is it true that a bank account isn't covered by a CCA? I can only think it relates to a bank account that was overdrawn with First Direct from the days of my redundancy when I agreed to pay the amount back to Metropolitan Collections. I don't think I did the right thing organising to pay these people because they are now calling me continuously and sending threatening letters. I am completely at a loss as to where to go now or whether I should reinstate the payments. Any advice greatly appreciated.